Re: [Videolib] Ok I FOUND the ALA handout on "movie night"

Gary Handman (ghandman@library.berkeley.edu)
Thu, 09 Aug 2007 07:55:02 -0700

When this thing was first put out by ALA I had a long and fairly unpleasant
discussion with the author of the piece (a woman whose name I have since
forgotten). As I recall she ended the conversation by saying that "we
agreed to disagree", at which point I informed her that I didn't agree at
all...the information was wrong. Period.

It's one thing for ALA to have ignored film and video for the last 50
years, it's another to spread disinformation about their acceptable use in
libraries.

Gary

At 10:44 AM 8/8/2007, you wrote:
>It is headlined
>SHOWING MOVIES IN THE LIBRARY? IS THIS LEGAL
>
>I can't type the whole thing in but here is a summery with some quotes
>
>It starts with a question if a fictional library wants to show DVDs for
>A movie night
>The answer is that this is public performance "an exclusive right of the
>copyright holder" and "Technically " Lily ( the librarian in question)
>Would be violating copyright and the copyright holder could take her to
>court
>
>Next section is WHAT SHOULD LILY DO?
>
>It advices " IN GENERAL Lily should obtain public performance rights when
>showing movies to the public and should try to contract the right holder
>etc.
>
>However it then goes on to say
>
>"Movie night" at the public library is not unusual- many libraries have
>these types of events. No Library has been taken to court for copyright
>infringement ( that we know of). We could speculate that copyright holders
>are not interested in pursuing a court case because of the expense of
>litigation or because they feel movie night does not significantly harm
>their market or because they figure these screenings are fair uses"...
>If Movie Night is a widespread occurrence in public libraries PERHAPS (
>their emphasis) it has also "shaped" the law by being an infringing activity
>the law ALLOW but does not punish"
>
>The one ACCURATE thing about the above is that of course companies don't
>want to go to the expense of litigation. Silly us we are relying on
>libraries to protect our copyright . This official document of ALA is in
>essence saying go ahead and violate copyright because no one will catch you
>and they can't afford to sue you.
>In fairness to libraries and librarians I don't think ILLEGAL movie nights
>are that wide spread but this sure does not help
>
>This document was prepared by the ALA office of Information Technology
>Policy and handed out at the conference in 2005 ( and was at least at one
>time also on the web site)
>So if you want to know why I have some concerns about ALA giving proper
>information on PPR and protecting rights that is it.
>
>
>
>
>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.

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.