[Videolib] RE: videolib Digest V1 #340

Lawrence Daressa (LD@newsreel.org)
Wed, 13 Jun 2007 17:14:16 -0700

Dear Robin,

You are wonderful! Getting back to me so quickly and explaining things so clearly. Your concrete suggestions about how distributors might work together will be a great help when I talk to the New Day members tomorrow about how distributors might work together in the future. Many thanks.

Best wishes
Larry

Lawrence Daressa
California Newsreel
500 Third Street, #505
San Francisco, CA 94107
phone: 415-284-7800 x302
fax: 415-284-7801
ld@newsreel.org
www.newsreel.org

-----Original Message-----
From: owner-videolib-digest@lists.berkeley.edu
[mailto:owner-videolib-digest@lists.berkeley.edu]
Sent: Wednesday, June 13, 2007 3:23 PM
To: videolib-digest@listtest.berkeley.edu
Subject: videolib Digest V1 #340

videolib Digest Wednesday, June 13 2007 Volume 01 : Number 340

[Videolib] Re: films with suitcases
Re: [Videolib] Streaming Videos from the Collection
Re: [Videolib] Streaming Videos from the Collection
RE: [Videolib] Films on art/artists
[Videolib] Showing of recent release film
Re: [Videolib] Showing of recent release film
Re: [Videolib] Showing of recent release film
[Videolib] A plea to video/film distributors
Re: [Videolib] Showing of recent release film
Re: [Videolib] Showing of recent release film
[Videolib] Thanks -- public showing
RE: [Videolib] Showing of recent release film

----------------------------------------------------------------------

Date: Tue, 12 Jun 2007 16:22:02 -0600
From: "Steven Harris" <SteHar@library.lib.usu.edu>
Subject: [Videolib] Re: films with suitcases

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Sounds like a variation on Frank Norris' novel MCTEAGUE, although I'm not =
sure that has been made into a film that would have been shown on =
television in the 1960s. Probably just stole the plot line. McTeague's =
ultimate scene takes place in Death Valley, not the Middle East.
=20
- --Steven Harris
=20

>>> Andy Moore <andy@frameline.org> 6/12/2007 12:00 pm >>>
Dear All,

The thread about films with suitcases reminded me of a film I saw as a =
child
on TV in Los Angeles in the 1960's that I wish I could remember the title
of---maybe you all can help me identify it. It was about two men lost in a
hilly desert, probably in the Middle East. There is a large man with a
suitcase handcuffed to his wrist, and a smaller man who is his enemy and =
his
companion, as they are lost together. Though the suitcase is a real burden
as they trek in search of water/civilization, the large man doesn't let it
out of his sight (or off of his wrist) during their journey. There is a =
shot
that I remember vividly of a straight razor starting to cut into the large
man's wrist, and a bunch of blood squirting out. At the end of the film, I
recall that they die in the desert, and the final shot pulls back to =
reveal
that they were very close to an oasis or a beach, just short of safety, =
but
didn't make it. Does anyone know this film??

Thanks very much,
Andy
- --=20
Andy Moore=20
Educational Distribution Manager
Frameline
andy@frameline.org
http://www.frameline.org/distribution

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.

- --=__PartC7E0E39A.0__=
Content-Type: text/html; charset=US-ASCII
Content-Transfer-Encoding: quoted-printable
Content-Description: HTML

Sounds like a variation on Frank Norris' novel MCTEAGUE, although I'm = not sure that has been made into a film that would have been shown on = television in the 1960s.  Probably just stole the plot line.  = McTeague's ultimate scene takes place in Death Valley, not the Middle = East.
 
--Steven Harris
 


>>> Andy Moore <andy@frameline.org> 6/12/2007 = 12:00 pm >>>
Dear All,

The thread about films with = suitcases reminded me of a film I saw as a child
on TV in Los Angeles = in the 1960's that I wish I could remember the title
of---maybe you all = can help me identify it. It was about two men lost in a
hilly desert, = probably in the Middle East. There is a large man with a
suitcase = handcuffed to his wrist, and a smaller man who is his enemy and his
comp= anion, as they are lost together. Though the suitcase is a real burden
a= s they trek in search of water/civilization, the large man doesn't let = it
out of his sight (or off of his wrist) during their journey. There = is a shot
that I remember vividly of a straight razor starting to cut = into the large
man's wrist, and a bunch of blood squirting out. At the = end of the film, I
recall that they die in the desert, and the final = shot pulls back to reveal
that they were very close to an oasis or a = beach, just short of safety, but
didn't make it. Does anyone know this = film??

Thanks very much,
Andy
--
Andy Moore
Educationa= l Distribution Manager
Frameline
andy@frameline.org
http://www.fra= meline.org/distribution


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.
- --=__PartC7E0E39A.0__=-- 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. ------------------------------ Date: Tue, 12 Jun 2007 23:05:34 -0700 From: Rick Faaberg Subject: Re: [Videolib] Streaming Videos from the Collection On 6/12/07 8:38 AM "jrosner@kino.com" sent this out: > I imagine there is a wide gap between educational and feature material. > For a company like Kino this is not going to be practical for a while given > both > rights and technology issues. Many of the films in our collection would never > have included such rights and they have to negotiated one by one, even in > cases > where we have them we would be very ruluctant to license them to a third party > and in many cases probably could not anyway. To give you one very odd example > we found out that METROPOLIS will probably never be able to licensed for > streaming by us or anyone else because of weird element of German copyright > and the estate of the family of artist who developed the design for Maria > the Robot ( who knew). At this point our focus would be on download technology > for consumer use. We of course have a lot of foreign films who rights are > more > complex and whose owners might well freak at the concept of licensing material > for streaming. I am not saying it won't happen but for feature material I > don't > think it will happen very quickly or easily and as always there will be tens > of > thousands of films that for one reason or another you can't license How do they plan to make money on their holdings once basically *everything* is streamed except for their holdings? Rick Faaberg 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. ------------------------------ Date: Wed, 13 Jun 2007 10:21:18 -0400 From: Jessica Rosner Subject: Re: [Videolib] Streaming Videos from the Collection I would say the vast majority of rights holders of foreign and some independent ( non studio titles) will at the very least wait a long time until they 110% convinced that the system is 110% secure and they can make money and that will be many years off for most of these people. It is not really that different from how slowly many of these films became ( nor never became) available on VHS or DVD). You are dealing with everyone from large foreign companies with large libraries ( Gaumont, Bavaria etc) to the estates of major filmmakers ( Chaplin, Pagnol) to some person who might only a collection of 6 French films made in the 50s. I think with many of them will OK this when the time comes that they see a situation where they can make serious money and feel safe they will do it but others may never do it. There will simply never be a time when all let's say significant or films likely to be used an academic setting are going to be available for streaming and the process for feature films becoming available will be very, very slow. On 6/13/07 2:05 AM, "Rick Faaberg" wrote: > On 6/12/07 8:38 AM "jrosner@kino.com" sent this out: > >> I imagine there is a wide gap between educational and feature material. >> For a company like Kino this is not going to be practical for a while given >> both >> rights and technology issues. Many of the films in our collection would never >> have included such rights and they have to negotiated one by one, even in >> cases >> where we have them we would be very ruluctant to license them to a third >> party >> and in many cases probably could not anyway. To give you one very odd example >> we found out that METROPOLIS will probably never be able to licensed for >> streaming by us or anyone else because of weird element of German copyright >> and the estate of the family of artist who developed the design for Maria >> the Robot ( who knew). At this point our focus would be on download >> technology >> for consumer use. We of course have a lot of foreign films who rights are >> more >> complex and whose owners might well freak at the concept of licensing >> material >> for streaming. I am not saying it won't happen but for feature material I >> don't >> think it will happen very quickly or easily and as always there will be tens >> of >> thousands of films that for one reason or another you can't license > > How do they plan to make money on their holdings once basically *everything* > is streamed except for their holdings? > > Rick Faaberg > > 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. Proud Resident of a BLUE STATE Jessica Rosner Kino International 333 W 39th St. 503 NY NY 10018 jrosner@kino.com 212-629-6880 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. ------------------------------ Date: Wed, 13 Jun 2007 08:27:26 -0600 From: "Andrew Roth" Subject: RE: [Videolib] Films on art/artists Art School Confidential (2006) Andrew Roth Library Materials Services Collection Management - Video Arapahoe Library District 303.798.2444 x1031 - -----Original Message----- From: owner-videolib@lists.berkeley.edu [mailto:owner-videolib@lists.berkeley.edu] On Behalf Of Dennis Doros Sent: Tuesday, June 12, 2007 10:46 AM To: videolib@lists.berkeley.edu Subject: [Videolib] Films on art/artists Gary and friends, I don't know if you have a list already, but I'm looking for ideas on the best "popular" films about art and artists. They can be feature or doc, old or new, but they have to have mass, rather than educational-only, appeal. (No qualitative judgement suggested, just acknowledgement of who the program is for.) Examples would be like Lust for Life, The Mystery of Picasso, Jarman's Carravaggio, A Day on the Grand Canal with the Emperor of China, Superstar, Andrei Rublev, Edvard Munch, Frida, Pollack, My Left Foot, A Bigger Splash, Rivers and Tide, Crumb, Basquait, Korda's Rembrandt, etc. And they don't have to be on DVD or even distributed at the moment. Thanks! - -- Dennis Doros Milestone Film & Video PO Box 128 Harrington Park, NJ 07640 Phone: 201-767-3117 email: milefilms@aol.com www.milestonefilms.com www.killerofsheep.com 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. 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. ------------------------------ Date: Wed, 13 Jun 2007 10:33:01 -0500 From: "Francis Kuykendall" Subject: [Videolib] Showing of recent release film 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. ------------------------------ Date: Wed, 13 Jun 2007 11:50:18 -0400 From: Jessica Rosner Subject: Re: [Videolib] Showing of recent release film The student group has to clear ( as in PAY) the rights holder If it a studio film it most likely belongs to SWANK if not Criterion Pictures. It makes no difference if they are charging or not ( though rights holder usually gets 50% of box office when they do). Makes no difference on the source BUT since you are aware they are showing the film publicly you need to make sure they have the clearance or you could be liable for any copyright violation should they use a copy from the Library Also the age ( recent release) is basically irrelevant. All that matters is that they are showing the film publicly. It would be the same if they were showing CITIZEN KANE or CITY LIGHTS ( shameless plug on that one) On 6/13/07 11:33 AM, "Francis Kuykendall" 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. Proud Resident of a BLUE STATE Jessica Rosner Kino International 333 W 39th St. 503 NY NY 10018 jrosner@kino.com 212-629-6880 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. ------------------------------ Date: Wed, 13 Jun 2007 09:03:29 -0700 From: Gary Handman Subject: Re: [Videolib] Showing of recent release film - --=====================_2434500==.ALT Content-Type: text/plain; charset="us-ascii"; format=flowed 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 - --=====================_2434500==.ALT Content-Type: text/html; charset="us-ascii" 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

- --=====================_2434500==.ALT--

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.

------------------------------

Date: Wed, 13 Jun 2007 09:16:42 -0700
From: Gary Handman <ghandman@library.berkeley.edu>
Subject: [Videolib] A plea to video/film distributors

Hello Friends

In updating the MRC web site this am, I ran yet again into the frustrating
situation in which, for completely mysterious reasons, a distributor
changed the urls in its web catalog. The MRC web site links extensively to
vendor catalog descriptions for materials in our collection (I'm sure we're
not alone in this practice). When a distributor summarily decides to
recrank its web site or change urls, the whole house of cards topples
over. At very least, I entreat you to have your web person refer from old
urls to new. I know that California Newsreel and Women Make Movies have
been gracious enough to do this. I hope others will follow suit...

Thanks!

gary h.

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

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.

------------------------------

Date: 13 Jun 2007 16:19:24 -0000
From: MichaelMay.5652831@bloglines.com
Subject: Re: [Videolib] Showing of recent release film

The Wisconsin Department of Public Instruction has a web page on this topic:

Performance Rights for Copyrighted Videorecordings

http://dpi.state.wi.us/lbstat/coplicen.html

The page was last updated in 2005, though it still appears to be helpful
as a general resource or introduction to video PPR for teachers and librarians.

Mike in Dubuque

- --- videolib@lists.berkeley.edu 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.

------------------------------

Date: Wed, 13 Jun 2007 13:17:10 -0400
From: "Dennis Doros" <milefilms@gmail.com>
Subject: Re: [Videolib] Showing of recent release film

> 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,

Dear Francis,

This is a fairly simply-written website from Williams College that I
like to send people to:

http://library.williams.edu/guides/videos_copyright.php

and here are a few others:
www.librarycopyright.net
www.lib.berkeley.edu/MRC/Copyright.html
www.usg.edu/admin/legal/copyright

And Jessica is right. The situation itself is the important guideline,
not the film title. However, the age of the film and its popularity
CAN affect the cost of the rights.

In terms of your question, buying a copy with PPR rights or renting it
with PPR rights probably doesn't change the situation if you're not
charging admission, but it can also affect the price. Buying a copy
and screening it without purchasing the PPR rights, however,
definitely would be illegal and worse, unethical.
- --
Dennis Doros
Milestone Film & Video
PO Box 128
Harrington Park, NJ 07640
Phone: 201-767-3117
email: milefilms@aol.com
www.milestonefilms.com
www.killerofsheep.com
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.

------------------------------

Date: Wed, 13 Jun 2007 15:32:51 -0500
From: "Francis Kuykendall" <FKuykendall@southark.edu>
Subject: [Videolib] Thanks -- public showing

This is a multi-part message in MIME format.

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Thanks to everyone who sent messages and links regarding public showing
of recently released films. The sponsors realize it is too expensive and
too involved to continue with the activity. Thanks again.

=20

Francis

=20

Francis Kuykendall

Library Director

South Arkansas Community College

300 South West Avenue

El Dorado, AR 71730

(v) 870.864.7115

=20

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Thanks to everyone who sent messages and links = regarding public showing of recently released films. The sponsors realize it is = too expensive and too involved to continue with the activity. Thanks = again.

 

Francis

 

Francis Kuykendall

Library Director

South Arkansas Community College

300 South West Avenue

El Dorado, AR  = 71730

(v) 870.864.7115

 

- ------_=_NextPart_001_01C7ADFA.0343E0B7--
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.

------------------------------

Date: Wed, 13 Jun 2007 15:21:16 -0700
From: "Roxane BenVau" <Roxane.BenVau@gcccd.edu>
Subject: RE: [Videolib] Showing of recent release film

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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, "I want to place this video (whether it's Home Use Only,
or borrowed or owned by the instructor or from the library'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:=20

=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. =20
2. The college library can be considered a place where instruction
usually occurs-the college library reserve desk can be considered an
extension of the classroom. (Students would view this video in the
library-which makes it a public performance-- but they are watching it
because they are required to do so by their instructor).
3. The video is a legal copy.

=20

Am I off base with my interpretations in any way? I'm re-writing our
media reserve policy and want to make sure that my understanding of all
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
private viewing and not a public performance. =20

=20

Roxane BenVau

(New) Media Librarian

Grossmont Community College

El Cajon, CA

roxane.benvau@gcccd.edu

=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

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. =20

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.=20

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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<p class=3DMsoNormal><font size=3D2 face=3DArial><span =
style=3D'font-size:10.0pt;
font-family:Arial'>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.&nbsp; Scenario:&nbsp; An instructor comes to the =
Media
Desk and says, &#8220;I want to place this video (whether it&#8217;s =
Home Use
Only, or borrowed or owned by the instructor or from the library&#8217;s
collection) on reserve because my students will need to watch it for an
assignment.&#8221;&nbsp; It&#8217;s my understanding that it is =
permissible to
place this video on reserve because: <o:p></o:p></span></font></p>

<p class=3DMsoNormal><font size=3D2 face=3DArial><span =
style=3D'font-size:10.0pt;
font-family:Arial'><o:p>&nbsp;</o:p></span></font></p>

<ol style=3D'margin-top:0in' start=3D1 type=3D1>
<li class=3DMsoNormal style=3D'mso-list:l1 level1 lfo2'><font size=3D2 =
face=3DArial><span
style=3D'font-size:10.0pt;font-family:Arial'>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.&nbsp; <o:p></o:p></span></font></li>
<li class=3DMsoNormal style=3D'mso-list:l1 level1 lfo2'><font size=3D2 =
face=3DArial><span
style=3D'font-size:10.0pt;font-family:Arial'>The college library =
can be
considered a place where instruction usually occurs&#8212;the =
college library
reserve desk can be considered an extension of the classroom.&nbsp; =
(Students
would view this video in the library&#8212;which makes it a public
performance-- but they are watching it because they are required to =
do so
by their instructor).<o:p></o:p></span></font></li>
<li class=3DMsoNormal style=3D'mso-list:l1 level1 lfo2'><font size=3D2 =
face=3DArial><span
style=3D'font-size:10.0pt;font-family:Arial'>The video is a legal =
copy.<o:p></o:p></span></font></li>
</ol>

<p class=3DMsoNormal><font size=3D2 face=3DArial><span =
style=3D'font-size:10.0pt;
font-family:Arial'><o:p>&nbsp;</o:p></span></font></p>

<p class=3DMsoNormal><font size=3D2 face=3DArial><span =
style=3D'font-size:10.0pt;
font-family:Arial'>Am I off base with my interpretations in any =
way?&nbsp; I&#8217;m
re-writing our media reserve policy and want to make sure that my =
understanding
of all the issues is correct.&nbsp; I&#8217;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 private
viewing and not a public performance.&nbsp; =
<o:p></o:p></span></font></p>

<p class=3DMsoNormal><font size=3D2 face=3DArial><span =
style=3D'font-size:10.0pt;
font-family:Arial'><o:p>&nbsp;</o:p></span></font></p>

<p class=3DMsoNormal><st1:PersonName w:st=3D"on"><font size=3D2 =
face=3DArial><span
style=3D'font-size:10.0pt;font-family:Arial'>Roxane =
BenVau</span></font></st1:PersonName><font
size=3D2 face=3DArial><span =
style=3D'font-size:10.0pt;font-family:Arial'><o:p></o:p></span></font></p=
>

<p class=3DMsoNormal><font size=3D2 face=3DArial><span =
style=3D'font-size:10.0pt;
font-family:Arial'>(New) Media Librarian<o:p></o:p></span></font></p>

<p class=3DMsoNormal><st1:place w:st=3D"on"><st1:PlaceName =
w:st=3D"on"><font size=3D2
face=3DArial><span =
style=3D'font-size:10.0pt;font-family:Arial'>Grossmont</span></font></st1=
:PlaceName><font
size=3D2 face=3DArial><span =
style=3D'font-size:10.0pt;font-family:Arial'> <st1:PlaceType
w:st=3D"on">Community =
College</st1:PlaceType></span></font></st1:place><font
size=3D2 face=3DArial><span =
style=3D'font-size:10.0pt;font-family:Arial'><o:p></o:p></span></font></p=
>

<p class=3DMsoNormal><st1:place w:st=3D"on"><st1:City w:st=3D"on"><font =
size=3D2
face=3DArial><span style=3D'font-size:10.0pt;font-family:Arial'>El =
Cajon</span></font></st1:City><font
size=3D2 face=3DArial><span =
style=3D'font-size:10.0pt;font-family:Arial'>, <st1:State
w:st=3D"on">CA</st1:State></span></font></st1:place><font size=3D2 =
face=3DArial><span
style=3D'font-size:10.0pt;font-family:Arial'><o:p></o:p></span></font></p=
>

<p class=3DMsoNormal><font size=3D2 face=3DArial><span =
style=3D'font-size:10.0pt;
font-family:Arial'>roxane.benvau@gcccd.edu<o:p></o:p></span></font></p>

<p class=3DMsoNormal><font size=3D2 face=3DArial><span =
style=3D'font-size:10.0pt;
font-family:Arial'><o:p>&nbsp;</o:p></span></font></p>

<div>

<div class=3DMsoNormal align=3Dcenter style=3D'text-align:center'><font =
size=3D3
face=3D"Times New Roman"><span style=3D'font-size:12.0pt'>

<hr size=3D2 width=3D"100%" align=3Dcenter tabindex=3D-1>

</span></font></div>

<p class=3DMsoNormal><b><font size=3D2 face=3DTahoma><span =
style=3D'font-size:10.0pt;
font-family:Tahoma;font-weight:bold'>From:</span></font></b><font =
size=3D2
face=3DTahoma><span style=3D'font-size:10.0pt;font-family:Tahoma'>
owner-videolib@lists.berkeley.edu =
[mailto:owner-videolib@lists.berkeley.edu] <b><span
style=3D'font-weight:bold'>On Behalf Of </span></b>Gary Handman<br>
<b><span style=3D'font-weight:bold'>Sent:</span></b> Wednesday, June 13, =
2007
9:03 AM<br>
<b><span style=3D'font-weight:bold'>To:</span></b> =
videolib@lists.berkeley.edu<br>
<b><span style=3D'font-weight:bold'>Subject:</span></b> Re: [Videolib] =
Showing of
recent release film</span></font><o:p></o:p></p>

</div>

<p class=3DMsoNormal><font size=3D3 face=3D"Times New Roman"><span =
style=3D'font-size:
12.0pt'><o:p>&nbsp;</o:p></span></font></p>

<p class=3DMsoNormal><font size=3D3 face=3D"Times New Roman"><span =
style=3D'font-size:
12.0pt'>hullo Francis<br>
<br>
I'll make this very simple:&nbsp; the copyright law allows you to =
&quot;display
or perform&quot; (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 <u>regular
</u>instruction in a place where instruction usually =
occurs).&nbsp;&nbsp; You
can also show a copyrighted video (purchased or rented) to a small group =
of
family and friends in your home (hence the term &quot;home =
video&quot;)<br>
<br>
The right to <b><span style=3D'font-weight:bold'>all</span></b> other =
types of
&quot;performance/display&quot; of whole works is the exclusive right of =
the
copyright holder.&nbsp; 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 &quot;educational&quot;) you need to secure (i.e. =
buy)
public performance rights.&nbsp; <br>
<br>
OK?<br>
<br>
Gary Handman<br>
<br>
<br>
At 08:33 AM 6/13/2007, you wrote:<br>
<br>
<br>
<br>
<o:p></o:p></span></font></p>

<p class=3DMsoNormal><font size=3D3 face=3D"Times New Roman"><span =
style=3D'font-size:
12.0pt'>I know this has been discussed before, but will someone explain =
the<br>
guidelines for showing a recent release film to students as a =
student<br>
serves activity. There will be no charge. Is there a policy =
difference<br>
between renting the movie and the library purchasing the movie?<br>
Thank you,<br>
<br>
Francis Kuykendall<br>
<st1:place w:st=3D"on"><st1:PlaceName w:st=3D"on">South</st1:PlaceName> =
<st1:PlaceName
w:st=3D"on">Arkansas</st1:PlaceName> <st1:PlaceType =
w:st=3D"on">Community College</st1:PlaceType></st1:place><br>
Library<br>
fkuykendall@southark.edu<br>
<br>
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. <o:p></o:p></span></font></p>

<p></x-sigsep><font size=3D3 face=3D"Times New Roman"><span =
style=3D'font-size:12.0pt'><x-sigsep>Gary
Handman<br>
Director<br>
<st1:place w:st=3D"on"><st1:PlaceName w:st=3D"on">Media</st1:PlaceName> =
<st1:PlaceName
w:st=3D"on">Resources</st1:PlaceName> <st1:PlaceType =
w:st=3D"on">Center</st1:PlaceType></st1:place><br>
Moffitt Library<br>
UC Berkeley<br>
ghandman@library.berkeley.edu<br>
<a href=3D"http://www.lib.berkeley.edu/MRC" =
eudora=3Dautourl>http://www.lib.berkeley.edu/MRC<br>
<br>
</a>&quot;In societies where modern conditions of production prevail, =
all of
life presents itself as an immense accumulation of spectacles.&quot;<br>
<br>
- --Guy Debord<o:p></o:p></span></font></p>

</div>

</body>

- ------_=_NextPart_001_01C7AE09.28ECF346--
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.

------------------------------

End of videolib Digest V1 #340
******************************

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.