RE: [Videolib] ppr

Gary Handman (ghandman@library.berkeley.edu)
Tue, 12 Sep 2006 16:01:22 -0700

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At 03:30 PM 9/12/2006, you wrote:
>So, what is your opinion of the legality of these scenarios?
> * Professor plans to screen a film for=20
> face-to-face teaching, but happens to move the=20
> screening to a large auditorium and invite=20
> students from the entire department to the=20
> screening. Other than an intro, no instruction happens at the screening.
if whole film is shown, requires=20
performance rights...would i worry about securing=20
rights myself...probably not.

> * Professor organizes scholarly conference=20
> and will be screening films as part of the=20
> conference. The conference is organized by a=20
> graduate class, but attendees come from throughout the U.S.

If whole film is shown, requires=20
performance rights...would I worry about securing rights myself? nah...

> * HR unit at nonprofit educational=20
> institution wants to screen videos to groups of=20
> employees to raise cultural awareness.
Requires performance=20
rights. I'd only worry about this if the film=20
shown is a feature film, although, in theory, any=20
film shown would require rights. Would I fret=20
about securing the rights myself...unlikely.

> * Social work students want to screen a film=20
> to a group of high-school students they are=20
> working with as part of a practicum project.

Probably ok under face-to-face exemption

>
>I seem to have a lot to say today!
>Sarah Andrews
>University of Iowa Libraries
>
>
>----------
>From: owner-videolib@lists.berkeley.edu=20
>[mailto:owner-videolib@lists.berkeley.edu] On Behalf Of Daisy Dominguez
>Sent: Tuesday, September 12, 2006 4:51 PM
>To: videolib@lists.berkeley.edu
>Subject: RE: [Videolib] ppr
>
>So, just to be clear: the *only* way that you=20
>can show a film at a college fillm festival, for=20
>example, where you do *not* charge entrance fee,=20
>OR, for example, on a scholarly panel discussing=20
>film which is open to the whole campus and=20
>perhaps to the public is *if* you have public=20
>performance rights. If you don't have PPR, you=20
>cannot show under fair use law because you are=20
>not involved in face-to-face instruction. Sorry=20
>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=20
>to enter a note abuot PPR in the record because=20
>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=20
>copyright law. It's seriously misguided. The law sez
>
>performance or display of a work by instructors=20
>or pupils in the course of face-to-face teaching=20
>activities of a nonprofit educational=20
>institution, in a classroom or similar place devoted to instruction
>
>
>The performance or display [must be] made by, at=20
>the direction of, or under the actual=20
>supervision of an instructor as an integral part=20
>of a class session offered as a regular part of=20
>the systematic mediated instructional activities=20
>of a governmental body or an accredited nonprofit educational institution;
>
>(B) the performance or display is directly=20
>related and of material assistance to the teaching content of the=
transmission;
>
>(C) the transmission is made solely for, and, to=20
>the extent technologically feasible, the=20
>reception of such transmission is limited to =AD
>
>(i) students officially enrolled in the course=20
>for which the transmission is made; or
>
>(ii) officers or employees of governmental=20
>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=20
>lively discussion of issues relating to the=20
>selection, evaluation, acquisition,bibliographic=20
>control, preservation, and use of current and=20
>evolving video formats in libraries and related=20
>institutions. It is hoped that the list will=20
>serve as an effective working tool for video=20
>librarians, as well as a channel of=20
>communication between libraries,educational=20
>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=20
> immense accumulation of spectacles."
> --Guy Debord
>
>
>
>
>
>Yahoo! Messenger with Voice.=20
><http://us.rd.yahoo.com/mail_us/taglines/postman1/*http:/us.rd.yahoo.com/ev=
t=3D39663/*http:/voice.yahoo.com>Make=20
>PC-to-Phone Calls to the US (and 30+ countries) for 2=A2/min or less.

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=20
immense accumulation of spectacles."
--Guy Debord =20
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At 03:30 PM 9/12/2006, you wrote:

So, what is your opinion of the legality of these scenarios?
  1. Professor plans to screen a film for face-to-face teaching, but happens to move the screening to a large auditorium and invite students from the entire department to the screening.  Other than an intro, no instruction happens at the screening.
                 if whole film is shown, requires performance rights...would i worry about securing rights myself...probably not. 

  1. Professor organizes scholarly conferenc= e and will be screening films as part of the conference.  The conference is organized by a graduate class, but attendees come from throughout the U.S. 

                 If whole film is shown, requires performance rights...would I worry about securing rights myself?  nah...

  1. HR unit at nonprofit educational institution wants to screen videos to groups of employees to raise cultural awareness.
                  Requires performance rights.  I'd only worry about this if the film shown is a feature film, although, in theory, any film shown would require rights.  Would I fret about securing the                  rights myself...unlikely.
                 

  1. Social work students want to screen a film to a group of high-school students they are working with as part of a practicum project.

                 Probably ok under face-to-face exemption


 


 
I seem to have a lot to say today!
Sarah Andrews
University of Iowa Libraries
 

From: owner-videolib@lists.berkeley.ed= u [ mailto:owner-videolib@lists.berkeley.edu] On Behalf Of Daisy Dominguez
Sent: Tuesday, September 12, 2006 4:51 PM
To: videolib@lists.berkeley.edu
Subject: RE: [Videolib] ppr
 
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 =AD

(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."
            &nbs= p;  --Guy Debord

 

 

Yahoo! Messenger with Voice. Make PC-to-Phone Calls to the US (and 30+ countries) for 2=A2/min or less.

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."
            &nbs= p;  --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.