Re: [Videolib] Restricted PPR

ghandman@library.berkeley.edu
Wed, 12 Nov 2008 08:04:01 -0800 (PST)

This really has nothing to do with copyright. What we're talking about
here is a commercial contract or license. A contract can trump
ANYTHING--it's a binding legal document in which the seller lays out terms
and conditions of sale and use and the buyer is free to accept or reject.

Gary Handman

> Well, the criteria are not so numerous in par. 1 of Title 17. 110.
>
> I don't see that there is a right which a copyright holder can purchase
> or sell which allows them to restrict the use of a DVD in face-to-face
> teaching (in this case, restrict it to classes of fewer than 50 students).
>
> If, as Jessica suggests, they are offering a contract to the library in
> the form of PPR, it seems to me that they still cannot contract to
> restrict a right which is provided by law. You can't sell what you don't
> have.
>
> I assume the library is obliged to purchase the PPR along with the DVD,
> whether or not they plan to show it publicly, as part of an
> institutional pricing system in which any PPR that is thrown in is
> basically an extra--hence the limitations.
>
> However, if this is a legally purchased copy surely the right to show it
> in the classroom where it is relevant to the subject matter cannot be
> controlled by contract.
>
> Judy, who ran a media library for teaching for 2 years and was made
> cross by this kind of pricing structure.
>
> Brock, Shawn wrote:
>> There are numerous other criteria besides just face-to-face instruction,
>> so you may want to review Title 17 Section 110. Here's a handy link to
>> it:
>>
>> http://www.law.cornell.edu/uscode/17/110.html
>>
>> -Shawn
>>
>>
>>
>> -----Original Message-----
>> From: videolib-bounces@lists.berkeley.edu
>> [mailto:videolib-bounces@lists.berkeley.edu] On Behalf Of Judy Shoaf
>> Sent: Monday, November 10, 2008 10:44 PM
>> To: videolib@lists.berkeley.edu
>> Subject: Re: [Videolib] Restricted PPR
>>
>> PPR is not necessary if the video is being used in face-to-face
>> teaching. Any legally obtained copy is OK for that.
>>
>> Can Zeitgeist declare that they have the right to charge PPR for this?
>>
>> Judy
>>
>> jwoo 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.
>>
>>
>> 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.
>

Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley

510-643-8566
ghandman@library.berkeley.edu
http://www.lib.berkeley.edu/MRC

"I have always preferred the reflection of life to life itself."
--Francois Truffaut

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.