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

ghandman@library.berkeley.edu
Thu, 27 Sep 2007 14:11:36 -0700 (PDT)

The top of my skull is about to explode...

Your vendors are lying to you, out and out (that or they're pathetically
ignorant).

Public performance rights are required to screen copyrighted films to
audiences OUTSIDE of regular curriculum: student clubs, extracurricular
sponsored events (such as general lectures), etc.

Public performance rights are not required when screening a film (ANY
film) in the context of face-to-face teaching in the service of regular
curricula.

For years some (only some) vendors have tried to parade higher prices for
university libraries under the profoundly bs contention that public
performance rights are universally needed in university or school
settings.

If distributors insist on multiple-tier pricing (institutions vs
individuals, higher ed vs K-12) that's their commercial prerogative. It's
a practice that has gone on for years based on a perception of what the
market will bear or what the market stake is for particular types of sale.
If the film is going to be publicly performed (as described above), you
need performance rights, which always come at a price.

If it so happens that you or your patrons are never going to publicly
perform a work and you can get it at home video prices...go for it!

If the distributor is charging higher prices because your in a school or
university, you either pay up or you don't... Just don't let em' tell you
you need performance rights if you don't.

Gary Handman

> 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
>
> --
> *
> Kathy Evans
> Slide Librarian
> Division of Art and Design
> Patti and Rusty Rueff Dept of Visual and Performing Arts
> Yue-Kong Pao Hall of Visual and Performing Arts
> 552 West Wood Street
> West Lafayette, IN 47907-2002
> *
> kathy@purdue.edu
> w: (765) 494-7666
>
>
> 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

510-643-8566
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.