Re: [Videolib] ppr

Jessica Rosner (jrosner@kino.com)
Tue, 12 Sep 2006 19:52:27 -0400

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No. We have had I think somewhat silly discussions here on =E2=80=9Cfair use=E2=80=9D
,suffice to say the entire legal history of it
And references all refer to the PORTION being used. Other than some posts
here I have never heard anyone argue that
=E2=80=9Cfair use=E2=80=9D could cover the use of an entire feature length work ( book =
or
film). Fair use must =E2=80=9Ctransformative=E2=80=9D which means that it is being
Used more or less as part of something else, such as using a clip of a film=
,
or a quote from a book.
Right now the envelope being pushed involves how much time and for what use
would that portion cover.

One other note, while it is true that technically a open academic
conference can=E2=80=99t screen a whole film
I think if you ASKED the rights holder, few would object. I know that I
never have a problem

Now I was recently asked about showing a Kino film at an academic conferenc=
e
but in this case the film
Was ALSO open to the General Public so in that case I did charge a fee.

Also I have no idea why but I usually find that academics anyway more easil=
y
understand the limitations of public
Use even =E2=80=9Cwhen they are not charging=E2=80=9D by reminding them about how all p=
lays
dating back to HS musical productions
Had to be licensed and fee=E2=80=99s paid even if the showing was free and in an
academic setting. Again for some reason they
All get this and sometimes it makes it easier to explain that they have to
do that with films too

On 9/12/06 6:46 PM, "Daisy Dominguez" <daisilla@yahoo.com> wrote:

> I'll check the archives regarding the fair use issue, but I guess that is
> where the controversy lies, because with fair use, some people can arguab=
ly
> justify showing a whole video at a panel, for example, right?
>=20
> Jessica Rosner <jrosner@kino.com> wrote:
>> True but mixed up reasoning. =E2=80=9CFace to Face=E2=80=9D is what covers use of fi=
lms in
>> classes
>> =E2=80=9CFair Use=E2=80=9D is something totally different and I don=E2=80=99t want to star=
t that one
>> again just making clear they are not related
>> To each other.
>>=20
>>=20
>> On 9/12/06 5:50 PM, "Daisy Dominguez" <daisilla@yahoo.com> wrote:
>>=20
>> =20
>>> So, just to be clear: the *only* way that you can show a film at a coll=
ege
>>> 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 whol=
e
>>> campus and perhaps to the public is *if* you have public performance ri=
ghts.
>>> If you don't have PPR, you cannot show under fair use law because you a=
re
>>> not involved in face-to-face instruction. Sorry I had to be real specif=
ic
>>> but everyone seems to have a different take on it.
>>> =20
>>> =20
>>> =20
>>> 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 acquirin=
g a
>>> title.
>>> =20
>>> =20
>>> =20
>>> Daisy
>>>=20
>>> Gary Handman <ghandman@library.berkeley.edu> wrote:
>>> =20
>>> =20
>>>> The statement is not supported by current copyright law. It's serious=
ly
>>>> misguided. The law sez
>>>>=20
>>>> performance or display of a work by instructors or pupils in the cours=
e of
>>>> face-to-face teaching activities of a nonprofit educational institutio=
n, in
>>>> a classroom or similar place devoted to instruction
>>>>=20
>>>>=20
>>>> 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 instructi=
onal
>>>> activities of a governmental body or an accredited nonprofit education=
al
>>>> institution;
>>>>=20
>>>> (B) the performance or display is directly related and of material
>>>> assistance to the teaching content of the transmission;
>>>>=20
>>>> (C) the transmission is made solely for, and, to the extent technologi=
cally
>>>> feasible, the reception of such transmission is limited to =C2=AD
>>>>=20
>>>> (i) students officially enrolled in the course for which the transmiss=
ion
>>>> is made; or
>>>>=20
>>>> (ii) officers or employees of governmental bodies as a part of their
>>>> official duties or employment; and
>>>>=20
>>>>=20
>>>> Gary Handman
>>>>=20
>>>> At 10:15 AM 9/12/2006, you wrote:
>>>>=20
>>>> =20
>>>> =20
>>>>> 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:
>>>>>=20
>>>>> "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."
>>>>>=20
>>>>> Does anyone else agree that this use is acceptable in the university?
>>>>>=20
>>>>> http://www.copyright.iupui.edu/pubperf.htm
>>>>>=20
>>>>>=20
>>>>> 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,bibliograph=
ic
>>>>> control, preservation, and use of current and evolving video formats =
in
>>>>> libraries and related institutions. It is hoped that the list will se=
rve
>>>>> as an effective working tool for video librarians, as well as a chann=
el of
>>>>> communication between libraries,educational institutions, and video
>>>>> producers and distributors.
>>>> =20
>>>> Gary Handman
>>>> Director
>>>> Media Resources Center
>>>> Moffitt Library
>>>> UC Berkeley
>>>> ghandman@library.berkeley.edu
>>>> http://www.lib.berkeley.edu/MRC
>>>>=20
>>>> <http://www.lib.berkeley.edu/MRC> *****
>>>>=20
>>>> "In societies where modern conditions of production prevail,
>>>> all of life presents itself as an immense accumulation of
>>>> spectacles."
>>>> --Guy Debord
>>>=20
>>>=20
>>> =20
>>> =20
>>>=20
>>> Yahoo! Messenger with Voice. Make PC-to-Phone Calls
>>> <http://us.rd.yahoo.com/mail_us/taglines/postman1/*http://us.rd.yahoo.c=
om/ev
>>> t=3D39663/*http://voice.yahoo.com> to the US (and 30+ countries) for 2=C2=A2=
/min
>>> or less.
>>=20
>>=20
>>=20
>>=20
>> Proud Resident of a BLUE STATE
>> =20
>> Jessica Rosner
>> Kino International
>> 333 W 39th St. 503
>> NY NY 10018
>> jrosner@kino.com
>> 212-629-6880
>=20
>=20
> =20
>=20
> Get your own web address for just $1.99/1st yr <
> ">http://us.rd.yahoo.com/evt=3D43290/*http://smallbusiness.yahoo.com/domain=
s>
> <http://us.rd.yahoo.com/evt=3D43290/*http://smallbusiness.yahoo.com/domains=
> .
> We'll help. Yahoo! Small Business
> <http://us.rd.yahoo.com/evt=3D41244/*http://smallbusiness.yahoo.com/> .

Proud Resident of a BLUE STATE
=20
Jessica Rosner
Kino International
333 W 39th St. 503
NY NY 10018
jrosner@kino.com
212-629-6880

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Re: [Videolib] ppr No. W= e have had I think somewhat silly discussions here on “fair use”= ,suffice to say the entire legal history  of it
And  references all refer to the PORTION being used. Other than some p= osts here I have never heard anyone argue that
“fair use” could cover the use of an entire feature length work= ( book or film). Fair use must “transformative” which means tha= t it is being
Used more or less as part of something else, such as using a clip of a film= , or a  quote from a book.
Right now the envelope being pushed involves how much time and for what use= would that portion cover.

One other note, while it is  true that technically a open academic con= ference can’t screen a whole film
I think if you ASKED the rights holder, few would object. I know that I nev= er have a problem

Now I was recently asked about showing a Kino film at an academic conferenc= e but in this case the film
Was ALSO open to the General Public so in that case I did charge a fee.

Also I have no idea why but I usually find that academics anyway more easil= y understand the limitations of public
Use even “when they are not charging” by reminding them about h= ow all plays dating back to HS musical productions
Had to be licensed and fee’s paid even if the showing was free and in= an academic setting. Again for some reason they
All get this and sometimes it makes it easier to explain that they have to = do that with films too


On 9/12/06 6:46 PM, "Daisy Dominguez" <daisilla@yahoo.com> = wrote:

I'll check the archives regarding the fair use issue, b= ut I guess that is where the controversy lies, because with fair use, some p= eople can arguably justify showing a whole video at a panel, for example, ri= ght?

Jessica Rosner <jrosner@kino.com> wrote:  
True but mixed up reasoning. “Face to Face”= is what covers use of films in classes
“Fair Use” is something totally different and I don’t wan= t to start that one again just making clear they are not related
To each other.


On 9/12/06 5:50 PM, "Daisy Dominguez" <daisilla@yahoo.com> = wrote:

  
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 e= ntrance 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 p= erformance 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 t= itle.
  
 
  
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 u= nder the actual supervision of an instructor as an integral part of a cla= ss session offered as a regular part of the systematic mediated instructiona= l activities of a governmental body or an accredited nonprofit educational i= nstitution;

(B) the performance or display is directly related and of material assi= stance 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 ­

(i) students officially enrolled in the course for which the transmission i= s made; or

(ii) officers or employees of governmental bodies as a part of their offici= al duties or employment; and


Gary Handman

At 10:15 AM 9/12/2006, you wrote:

  
  
This is a slightly different take on the current subjec= t, 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.i= upui.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, p= reservation, and use of current and evolving video formats in libraries and = related institutions. It is hoped that the list will serve as an effective w= orking tool for video librarians, as well as a channel of communication betw= een 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

 
<http://www.lib.berkeley= .edu/MRC> *****

"In societies where modern conditions of production prevail,
           all of li= fe presents itself as an immense accumulation of spectacles."
            &nb= sp;  --Guy Debord


 
  

 Yahoo! Messenger with Voice. = Make PC-to-Phone Calls <http://u= s.rd.yahoo.com/mail_us/taglines/postman1/*http://us.rd.yahoo.com/evt=3D39663/*= http://voice.yahoo.com>  to the US (and 30+ countries) for 2&cen= t;/min or less.




Proud Resident of a BLUE STATE
 
Jessica Rosner
Kino International
333 W 39th St. 503
NY NY 10018
jrosner@kino.com
212-629-6880


 

Get your own web address for just $1= .99/1st yr < ">http://us.rd.yahoo.com/evt=3D43290/*http://smallbusine= ss.yahoo.com/domains> . We'll help. Yahoo! Small Business <http://= us.rd.yahoo.com/evt=3D41244/*http://smallbusiness.yahoo.com/> .




Proud Resident of a BLUE STATE
 
Jessica Rosner
Kino International
333 W 39th St. 503
NY NY 10018
jrosner@kino.com
212-629-6880

--B_3240935548_400363040--

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.