Re: [Videolib] Restricted PPR

jwoo (jwoo@cca.edu)
Wed, 12 Nov 2008 11:06:43 -0800

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This has been an interesting and enlightening discussion. Because I
get to call the shots at my library, I've added a clause to our
collection development policy that curtails our purchase of materials
with restrictions like those of Zeitgeist.

"Use Restrictions: The library does not acquire material with
arbitrary use restrictions, such as a limitation of who can use the
material or how many people can use the material unless the rationale
is well founded. Limitation of use to only CCA constituencies is
considered reasonable."

We'll wait until the non-PPR version is released; and in the meantime
would inform a requester that this library "don't play that game"
with publishers.

-- Janice at California College of the Arts

On Nov 11, 2008, at 7:12 AM, Jessica Rosner wrote:

> 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
>>

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This has been an interesting and enlightening discussion. =A0Because I = get to call the shots at my library, I've added a clause to our = collection development policy that curtails our purchase of materials = with restrictions like those of = Zeitgeist.


"Use Restrictions: The library does not acquire material = with arbitrary use restrictions, such as a limitation of who can use the = material or how many people can use the material unless the rationale is = well founded. Limitation of use to only CCA constituencies is considered = reasonable."
=

We'll wait until the non-PPR version is released; = and in the meantime would inform a requester that this library "don't = play that game" with publishers.

-- Janice at = California College of the Arts


On = Nov 11, 2008, at 7:12 AM, Jessica Rosner wrote:

Well technically they can indeed place limits on = it=A0 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 =A0 "Face to face" use
and as the film is still in theaters I strongly = suspect they just=A0 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.=A0 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=A0 = (libraries,
classrooms, churches, = clubs, etc.) when no admission is charged."

Would this be = binding if an institution bought a copy?=A0 What if a
class has 51 students enrolled?=A0 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