RE: [Videolib] Showing of recent release film

Gary Handman (ghandman@library.berkeley.edu)
Wed, 13 Jun 2007 15:53:39 -0700

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The issue about whether viewing of copyrighted video by individuals in a=20
library viewing facility meets the requirements of the law has been debated=
=20
for years...lots less now than in the past. Many years ago, the late Ivan=
=20
Bender, a noted copyright lawyer for the media industry who jumped ship=20
and went to work in the educational sector, offered the opinion that such=
=20
viewing does not infringe, regardless of the nature of the material being=20
viewed. Most of allow this type of viewing...although I guess a case could=
=20
be made by some litigious capitalist pit bull that outside of the classroom=
=20
and the home, every performance is public performance. Nonetheless, the=20
only way library media center's can exist is to accept Bender's contention.

I have always made the case (to myself, at least) that showing=20
legally-acquired, required viewing in a library is, in fact, an extension=20
of classroom teaching: if faculty had 4 hour blocks to talk and show,=20
they'd probably be shown in the classroom...but they don't have the=20
luxury. I believe that this applies to both the in-house viewing of=20
standing library collections and the viewing of materials placed=20
temporarily on reserve (faculty personal copies)

Gary Handman

At 03:21 PM 6/13/2007, you wrote:
>I understand that the face-to-face teaching exemption allows classroom use=
=20
>of copyrighted film or video, but I just want to make doubly sure that I=20
>am correctly interpreting this face-to-face teaching exemption as it=20
>applies to libraries. Scenario: An instructor comes to the Media Desk=20
>and says, =93I want to place this video (whether it=92s Home Use Only, or=
=20
>borrowed or owned by the instructor or from the library=92s collection) on=
=20
>reserve because my students will need to watch it for an=20
>assignment.=94 It=92s my understanding that it is permissible to place=
this=20
>video on reserve because:
>
> * The video will be used during the course of face-to-face teaching=20
> activities on a nonprofit ed. campus and is made available to students at=
=20
> the request of their instructor.
> * The college library can be considered a place where instruction=20
> usually occurs=ADthe college library reserve desk can be considered an=20
> extension of the classroom. (Students would view this video in the=20
> library=ADwhich makes it a public performance-- but they are watching it=
=20
> because they are required to do so by their instructor).
> * The video is a legal copy.
>
>Am I off base with my interpretations in any way? I=92m re-writing our=20
>media reserve policy and want to make sure that my understanding of all=20
>the issues is correct. I=92ve benchmarked three other libraries, two of=20
>which follow the policy I described above, and one library has their=20
>students view the videos in private booths, which they state makes it a=20
>private viewing and not a public performance.
>
>Roxane BenVau
>(New) Media Librarian
>Grossmont Community College
>El Cajon, CA
>roxane.benvau@gcccd.edu
>
>
>----------
>From: owner-videolib@lists.berkeley.edu=20
>[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 "display or=20
>perform" (i.e. make the images visible and the sounds audible) a=20
>copyrighted film or video in the service of face-to-face teaching (defined=
=20
>as regular instruction in a place where instruction usually occurs). You=
=20
>can also show a copyrighted video (purchased or rented) to a small group=20
>of family and friends in your home (hence the term "home video")
>
>The right to all other types of "performance/display" of whole works is=20
>the exclusive right of the copyright holder. In other words to show a=20
>film in an extracurricular setting (regardless of whether your charge or=20
>not, regardless of whether the screening is broadly "educational") you=20
>need to secure (i.e. buy) public performance rights.
>
>OK?
>
>Gary Handman
>
>
>At 08:33 AM 6/13/2007, you wrote:
>
>
>
>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,
>
>Francis Kuykendall
>South Arkansas Community College
>Library
>fkuykendall@southark.edu
>
>VIDEOLIB is intended to encourage the broad and lively discussion of=20
>issues relating to the selection, evaluation, acquisition,bibliographic=20
>control, preservation, and use of current and evolving video formats in=20
>libraries and related institutions. It is hoped that the list will serve=20
>as an effective working tool for video librarians, as well as a channel of=
=20
>communication between libraries,educational institutions, and video=20
>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=20
>presents itself as an immense accumulation of spectacles."
>
>--Guy Debord

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=20
presents itself as an immense accumulation of spectacles."

--Guy Debord

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The issue about whether viewing of copyrighted video by individuals in a library viewing facility meets the requirements of the law has been debated for years...lots less now than in the past.  Many years ago, the late Ivan Bender,  a noted copyright lawyer for the media industry who jumped ship and went to work in the educational sector,  offered the opinion that such viewing does not infringe, regardless of the nature of the material being viewed.  Most of allow this type of viewing...although I guess a case could be made by some litigious capitalist pit bull that outside of the classroom and the home, every performance is public performance.  Nonetheless, the only way library media center's can exist is to accept Bender's contention.

I have always made the case (to myself, at least) that showing legally-acquired, required viewing in a library is, in fact, an extension of classroom teaching:  if faculty had 4 hour blocks to talk and show, they'd probably be shown in the classroom...but they don't have the luxury.   I believe that this applies to both the in-house viewing of standing library collections and the viewing of materials placed temporarily on reserve (faculty personal copies)

Gary Handman




At 03:21 PM 6/13/2007, you 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 as it applies to libraries.  Scenario:  An instructor comes to the Media Desk and says, =93I want to place this video (whether it=92s Home Use Only, or borrowed or owned by the instructor or from the library=92s collection) on reserve because my students will need to watch it for an assignment.=94  It=92s 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 students at the request of their instructor. =20
  2. The college library can be considered a place where instruction usually occurs=ADthe college library reserve desk can be considered an extension of the classroom.  (Students would view this video in the library=ADwhich 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.=20
 
Am I off base with my interpretations in any way?  I=92m re-writing our media reserve policy and want to make sure that my understanding of all the issues is correct.  I=92ve 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 private viewing and not a public performance. 
 
Roxane BenVau
(New) Media Librarian
Grossmont Community College
El Cajon, CA
roxane.benvau@gcccd.edu
 

From: owner-videolib@lists.berkeley.ed= u [ 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 "display 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 whole works is the exclusive right of the copyright holder.  In other words to show a film in an extracurricular setting (regardless of whether your charge or not, regardless of whether the screening is broadly "educational") you need to secure (i.e. buy) public performance rights. 

OK?

Gary Handman


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



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,

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, 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

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.