Re: [Videolib] Restricted PPR

Jessica Rosner (jrosner@kino.com)
Tue, 11 Nov 2008 10:12:11 -0500

Well technically they can indeed place limits on it which would restrict
its use, the question here would be if the brochure constitutes a "contract"
and what if anything you would be signing and agreeing to in purchasing it.
Contract does trump copyright law but presumably only if that is very clear.
Since they are the exclusive seller/owner they can if they wish add
restrictions as a term of sale. However personally I think the 50 person
figure was probably arbitrary and NOT aimed at classroom use. They are
actually offering rights which go well beyond classroom "Face to face" use
and as the film is still in theaters I strongly suspect they just meant to
protect that. I think if you called them and said we need it for a class of
more than 50 there would not be a problem.

It is also worth noting that the film will probably come out in home use
edition some time in the future but many places can't afford to wait if they
need to use it now.

On 11/10/08 9:33 PM, "jwoo" <jwoo@cca.edu> wrote:

> Hi. This is going over old ground somewhat, but is there such a
> thing as Public Performance Rights with an asterisk?
>
> I got a Zeitgeist brochure for a Louise Bourgeois DVD where the PPR*
> is only for "screenings to groups of up to 50 people (libraries,
> classrooms, churches, clubs, etc.) when no admission is charged."
>
> Would this be binding if an institution bought a copy? What if a
> class has 51 students enrolled? Who's supposed to monitor the class
> size a video is being checked out for?
>
> Does the TEACH Act trump such language?
>
> Thanks, Janice @ CCA.edu
>
> p.s. it says the dvd is available exclusively to institutions, and
> there is no option for non-PPR purchase
>
> 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.