Re: [Videolib] Restricted PPR

Milos Stehlik (mstehlik@comcast.net)
Wed, 12 Nov 2008 11:39:20 -0600

Sorry for the mistake -- wrong recipients --

Milos Stehlik
Facets Multi-Media, Inc.
1517 West Fullerton Avenue
Chicago IL 60614
773-281-9075
FAX 773-929-5437
www.facets.org
milos@facets.org

-----Original Message-----
From: videolib-bounces@lists.berkeley.edu
[mailto:videolib-bounces@lists.berkeley.edu] On Behalf Of Milos Stehlik
Sent: Wednesday, November 12, 2008 11:34 AM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Restricted PPR

thanks - the Film Angel membership might be under Howard Conant

Milos Stehlik
Facets Multi-Media, Inc.
1517 West Fullerton Avenue
Chicago IL 60614
773-281-9075
FAX 773-929-5437
www.facets.org
milos@facets.org

-----Original Message-----
From: videolib-bounces@lists.berkeley.edu
[mailto:videolib-bounces@lists.berkeley.edu] On Behalf Of Jessica Rosner
Sent: Wednesday, November 12, 2008 10:31 AM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Restricted PPR

But that is a VIOLATION of an explicit law so the contract is void. It is
very common for contracts to contain restrictions which go beyond what the
law allows per below. As I said you can't have a contract for an otherwise
illegal act so for instance I could NOT sell a DVD and say it can only be
seen by white people but I can sell a DVD and have you agree as a term of
sale that you can't loan it out.

On 11/12/08 11:22 AM, "Judy Shoaf" <jshoaf@clas.ufl.edu> wrote:

> Is this really true? For example, if there is a federal law that says
> that industries making X must bury their industrial waste in A
> strength containers, can Acme X Industries make a legal contract with,
> say, a private individual or a municipality to bury wastes in 1/2-A
> strength containers on his/its land?
>
> Judy
>
>
> ghandman@library.berkeley.edu wrote:
>> 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.
>
> 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.

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.