RE: [Videolib] ppr

Gary Handman (ghandman@library.berkeley.edu)
Tue, 12 Sep 2006 15:33:04 -0700

Correct, Daisy

The use you describe is not fair use nor does it fall within the face-to-face
teaching exemption. In short: if you show a whole work, you need PPR.

Gary

Quoting Daisy Dominguez <daisilla@yahoo.com>:

> So, just to be clear: the *only* way that you can show a film at a college
> fillm festival, for example, where you do *not* charge entrance fee, OR, for
> example, on a scholarly panel discussing film which is open to the whole
> campus and perhaps to the public is *if* you have public performance rights.
> If you don't have PPR, you cannot show under fair use law because you are not
> involved in face-to-face instruction. Sorry I had to be real specific but
> everyone seems to have a different take on it.
>
> I am going to start asking our cataloging people to enter a note abuot PPR
> in the record because I don't think they even notice that when acquiring a
> title.
>
> Daisy
>
> Gary Handman <ghandman@library.berkeley.edu> wrote:
> The statement is not supported by current copyright law. It's seriously
> misguided. The law sez
>
> performance or display of a work by instructors or pupils in the course of
> face-to-face teaching activities of a nonprofit educational institution, in a
> classroom or similar place devoted to instruction
>
>
> The performance or display [must be] made by, at the direction of, or under
> the actual supervision of an instructor as an integral part of a class
> session offered as a regular part of the systematic mediated instructional
> activities of a governmental body or an accredited nonprofit educational
> institution;
>
> (B) the performance or display is directly related and of material assistance
> to the teaching content of the transmission;
>
> (C) the transmission is made solely for, and, to the extent technologically
> feasible, the reception of such transmission is limited to &shy;
>
> (i) students officially enrolled in the course for which the transmission is
> made; or
>
> (ii) officers or employees of governmental bodies as a part of their official
> duties or employment; and
>
>
> Gary Handman
>
> At 10:15 AM 9/12/2006, you wrote:
>
> This is a slightly different take on the current subject, public
> performance. Below is a link to an IUPUI web page that seems to
> indicate that non-classroom campus video showings may be permissible.
> The specific phrase in the second example is:
>
> "The performance is part of a teaching activity, however it does not
> have to be part of a regular course; therefore, host a related
> discussion forum or arrange for a student or instructor to lead an
> educational program related to the film."
>
> Does anyone else agree that this use is acceptable in the university?
>
> http://www.copyright.iupui.edu/pubperf.htm
>
>
> Lyn McCurdy
> Director of Audio Visual Services
> Wittenberg University
> Springfield, OH 45504
> Phone: 937-327-7325
> FAX : 937-327-7315
> VIDEOLIB is intended to encourage the broad and lively discussion of issues
> relating to the selection, evaluation, acquisition,bibliographic control,
> preservation, and use of current and evolving video formats in libraries and
> related institutions. It is hoped that the list will serve as an effective
> working tool for video librarians, as well as a channel of communication
> between libraries,educational institutions, and video producers and
> distributors. Gary Handman
> Director
> Media Resources Center
> Moffitt Library
> UC Berkeley
> ghandman@library.berkeley.edu
> http://www.lib.berkeley.edu/MRC
>
> *****
>
> "In societies where modern conditions of production prevail,
> all of life presents itself as an immense accumulation of
> spectacles."
> --Guy Debord
>
>
>
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VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors.