Re: [Videolib] Showing of recent release film

Jessica Rosner (jrosner@kino.com)
Wed, 13 Jun 2007 18:44:30 -0400

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There is no problem with this but also even if the video were not on reserv=
e
there would not be a problem with a student
coming in to watch a film by themselves or say two or three at at time. A
student watching a legal copy of a film in a is not
A public performance any more than it would be if they watched on their own
laptop in the cafeteria.

On 6/13/07 6:21 PM, "Roxane BenVau" <Roxane.BenVau@gcccd.edu> wrote:

> I understand that the face-to-face teaching exemption allows classroom us=
e of
> copyrighted film or video, but I just want to make doubly sure that I am
> correctly interpreting this face-to-face teaching exemption as it applies=
to
> libraries. Scenario: An instructor comes to the Media Desk and says, =B3I=
want
> to place this video (whether it=B9s Home Use Only, or borrowed or owned by =
the
> instructor or from the library=B9s collection) on reserve because my studen=
ts
> will need to watch it for an assignment.=B2 It=B9s my understanding that it =
is
> permissible to place this video on reserve because:
> =20
> 1. The video will be used during the course of face-to-face teaching
> activities on a nonprofit ed. campus and is made available to students at=
the
> request of their instructor.
> 2. The college library can be considered a place where instruction usuall=
y
> occurs=8Bthe college library reserve desk can be considered an extension of=
the
> classroom. (Students would view this video in the library=8Bwhich makes it=
a
> public performance-- but they are watching it because they are required t=
o do
> so by their instructor).
> 3. The video is a legal copy.
> =20
> Am I off base with my interpretations in any way? I=B9m re-writing our med=
ia
> reserve policy and want to make sure that my understanding of all the iss=
ues
> is correct. I=B9ve benchmarked three other libraries, two of which follow =
the
> policy I described above, and one library has their students view the vid=
eos
> in private booths, which they state makes it a private viewing and not a
> public performance.
> =20
> Roxane BenVau
> (New) Media Librarian
> Grossmont Community College
> El Cajon, CA
> roxane.benvau@gcccd.edu
> =20
>=20
>=20
> From: owner-videolib@lists.berkeley.edu
> [mailto:owner-videolib@lists.berkeley.edu] On Behalf Of Gary Handman
> Sent: Wednesday, June 13, 2007 9:03 AM
> To: videolib@lists.berkeley.edu
> Subject: Re: [Videolib] Showing of recent release film
> =20
> hullo Francis
>=20
> I'll make this very simple: the copyright law allows you to "display or
> perform" (i.e. make the images visible and the sounds audible) a copyrigh=
ted
> film or video in the service of face-to-face teaching (defined as regular
> instruction in a place where instruction usually occurs). You can also =
show
> a copyrighted video (purchased or rented) to a small group of family and
> friends in your home (hence the term "home video")
>=20
> The right to all other types of "performance/display" of whole works is t=
he
> exclusive right of the copyright holder. In other words to show a film i=
n an
> extracurricular setting (regardless of whether your charge or not, regard=
less
> of whether the screening is broadly "educational") you need to secure (i.=
e.
> buy) public performance rights.
>=20
> OK?
>=20
> Gary Handman
>=20
>=20
> At 08:33 AM 6/13/2007, you wrote:
>=20
>=20
>=20
>=20
> I know this has been discussed before, but will someone explain the
> guidelines for showing a recent release film to students as a student
> serves activity. There will be no charge. Is there a policy difference
> between renting the movie and the library purchasing the movie?
> Thank you,
>=20
> Francis Kuykendall
> South Arkansas Community College
> Library
> fkuykendall@southark.edu
>=20
> VIDEOLIB is intended to encourage the broad and lively discussion of issu=
es
> 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 effectiv=
e
> working tool for video librarians, as well as a channel 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> "In societies where modern conditions =
of
> production prevail, all of life presents itself as an immense accumulatio=
n of
> spectacles."
>=20
> --Guy Debord
>=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

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Re: [Videolib] Showing of recent release film There= is no problem with this but also even if the video were not on reserve ther= e would not be a problem with a student
coming in to watch a film by themselves or say two or three at at time. A s= tudent watching a legal copy of a film in a  is not
A public performance any more than it would be if they watched on their own= laptop in the cafeteria.


On 6/13/07 6:21 PM, "Roxane BenVau" <Roxane.BenVau@gcccd.edu&g= t; wrote:

I understand that the face-to-face teaching exemption allows= classroom use of copyrighted film or video, but I just want to make doubly = sure that I am correctly interpreting this face-to-face teaching exemption a= s it applies to libraries.  Scenario:  An instructor comes to the = Media Desk and says, “I want to place this video (whether it’s H= ome Use Only, or borrowed or owned by the instructor or from the libraryR= 17;s collection) on reserve because my students will need to watch it for an= assignment.”  It’s my understanding that it is permissible= to place this video on reserve because:
 
  1. The video will be used during the course of face-to-face = teaching activities on a nonprofit ed. campus and is made available to stude= nts at the request of their instructor.  
  2. The college library can be considered a place where instructi= on usually occurs—the college library reserve desk can be considered a= n extension of the classroom.  (Students would view this video in the l= ibrary—which makes it a public performance-- but they are watching it = because they are required to do so by their instructor).=20
  3. The video is a legal copy.

Am I off base with my interpretations in any way?  I’m re-writin= g our media reserve policy and want to make sure that my understanding of al= l the issues is correct.  I’ve benchmarked three other libraries,= two of which follow the policy I described above, and one library has their= students view the videos in private booths, which they state makes it a pri= vate viewing and not a public performance.  
 
Roxane BenVau
(New) Media Librarian
Grossmont Community College
El Cajon, CA
roxane.benvau@gcccd.edu
 

=


From:<= /B> owner-videolib@lists.berkeley.edu [mailto:owner-videolib@lists.berkeley.edu] On Behalf Of= Gary Handman
Sent: Wednesday, June 13, 2007 9:03 AM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Showing of recent release film

hullo Francis

I'll make this very simple:  the copyright law allows you to "dis= play or perform" (i.e. make the images visible and the sounds audible) = a copyrighted film or video in the service of face-to-face teaching (defined= as regular instruction in a place where instruction usually occurs).=   You can also show a copyrighted video (purchased or rented) to = a small group of family and friends in your home (hence the term "home = video")

The right to all other types of "performance/display" of w= hole works is the exclusive right of the copyright holder.  In other wo= rds to show a film in an extracurricular setting (regardless of whether your= charge or not, regardless of whether the screening is broadly "educati= onal") you need to secure (i.e. buy) public performance rights.  <= BR>
OK?

Gary Handman


At 08:33 AM 6/13/2007, you wrote:




I know this has been discussed before, but will someone explai= n the
guidelines for showing a recent release film to students as a student
serves activity. There will be no charge. Is there a policy difference
between renting the movie and the library purchasing the movie?
Thank you,

Francis Kuykendall
South Arkansas Community College
Library
fkuykendall@southark.edu

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 pr= evail, all of life presents itself as an immense accumulation of spectacles.= "

--Guy Debord





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_3264605071_7034410--

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.