Re: [Videolib] educational/performance rights: copyright versus

Jessica Rosner (jrosner@kino.com)
Thu, 27 Sep 2007 16:41:59 -0400

We have been through this before. LEGALLY you can use any legitimate copy
( not a dupe or off air etc) in a class. This absolutely clear and exactly
what the "face to face" teaching section of copyright law is about.

If a company is the sole source for an item they can essentially make up
their own rules and require to buy extra rights but this would not be for
any legal reason in terms of rights. I would add that the flip side of this
is some places that have suggested that there is a "face to face" or "Fair
use" exemption for using an entire film in a public setting that might
happen to be on a campus so misuse of copyright to justify some things goes
both ways.
Just be very careful when you purchase an item that claims you need PPR
that you have checked around and there is no other source.As previously
discussed I don't see anything wrong with people purchasing as an individual
and getting reimbursed as a way around this provided, such a purchase does
not require you to certify it is for personal use. You can always by
contract supersede copyright law.

Keep in mind none of the above applies to Canada whose copyright law
Does require PPR rights for classroom showing

On 9/27/07 4:09 PM, "kathy Evans" <kathy@purdue.edu> wrote:

> I have a question about public performance rights and education. Do you
> all purchase public performance rights for everything you buy for your
> university/school libraries? A vendor told me that they consider all
> educational use to be public performance and they required institutions
> to purchase that license. Either you are a homebody viewer or you are
> doing public performance. Is that pretty standard even though it seems
> from section 110 that it is kosher to show movies and AV in class and
> one is not infriging on copyright.. Is the license restriction more of a
> financial survival decision than a copyright infringement issue? Perhaps
> smaller companies and producers require this. As a visual resource
> center in a big university I am in a small dept and not a library.
> Everything I purchase is only used in a classroom and not circulated to
> a campus and beyond. I have purchased things at an institutional price,
> but I have not seen education and public performance married together.
> Maybe I have been confused? Maybe I am confusing what is allowable from
> a copyright standpoint and what has been agreed concerning licensing by
> the vendor and the maker?
> Any thoughts down this well troden path?
>
> Thanks,
> Kathy

Proud Resident of a BLUE STATE

Jessica Rosner
Kino International
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NY NY 10018
jrosner@kino.com
212-629-6880

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