Re: [Videolib] classroom use of "home and community viewing" dvd

From: Benjamin Crossley-Marra <ben@zeitgeistfilms.com>
Date: Tue Jul 28 2009 - 12:15:16 PDT

OK kids just remember:

If the screening does not follow the following guidelines it is indeed
illegal and I will and HAVE caught several unsuspecting entities. :)

Face-to-Face Teaching Exemption:

Use of a copyrighted film in classroom teaching, other than educational
broadcasting, is a public performance which is exempt from the licensing
requirement if all of the following conditions are met:
    
*The ³performance² (showing of the film) must be by the instructor or
pupils.
    
*The performance must be a part of face-to-face teaching activities. The
teacher and students need not actually be able to see each other, but they
must be present simultaneously in the same general area. Although one needs
to be flexible about indirect delivery of a film to a single classroom, in
general, the exemption does not include remote transmission of any sort,
including closed circuit or cable originating from another part of the
school. (An educational broadcasting exemption exists, but does not apply
to movies.

THE BIG ONE:
    
*The performance must be a part of the teaching activities of a non-profit
educational institution. The teaching activities must involve systematic
instruction rather than recreation or entertainment (regardless of the
cultural value or intellectual appeal of ³high-concept² pictures). The
presenting location must be a non-profit school of some sort. Foundations
or associations or other non-profit ³educational² institutions are not
exempted.

For example: Neither the recreational film series presented by a faculty
advisor of a college nor a face-to-face classroom instruction using The Red
Shoes at a commercial dance studio are exempt under this provision.
    
*The performance must occur in a classroom or similar place devoted to
instruction. The exemption is for classroom, not school performances.
Performances during school assembly, graduation ceremony or other general
school event are not exempt.
    
*The performance must not use a film copy which was illegally made and which
the person responsible knew or had reason to believe was not lawfully made.
    
*Please remember that showing a film without first obtaining the copyright
puts the university, college, your organization and yourself at risk of
liability which can include fines, penalties, court costs, and legal fees
upwards of $50,000 per abuse.

Benjamin Crossley-Marra
Non-Theatrical Distribution
Zeitgeist Films Ltd.
247 Centre St, 2nd fl
New York, NY 10013
P: (212) 274-1989
C: (607) 765-7511
F: (212) 274-1644
http://www.zeitgeistfilms.com

On 7/28/09 2:51 PM, "ghandman@library.berkeley.edu"
<ghandman@library.berkeley.edu> wrote:

> Unless you signed a contract at the point of purchase which specifically
> outlined these terms of use, the company has no right to do anything about
> classroom use. The latter is provided for under law, and the statement on
> the DVD is stupid and non-binding.
>
> I personally wouldn't worry about it.
>
> Gary Handman
>
>
>
>> Dear video experts,
>>
>> I've just purchased a DVD that came with a restriction I haven't seen
>> before. We bought a "home use" DVD from a major vendor for an instructor
>> who wants to show it in a class under the usual
>> "face-to-face-teaching-in-the-classroom" exemption. I popped it in the DVD
>> player and was presented with a statement that the DVD is for "home and
>> community viewing only" and that "use by universities, colleges, schools,
>> public libraries" etc. was strictly prohibited. This was not specified
>> anywhere on the website that I saw when I ordered and paid. I think there
>> was no contract prohibiting classroom use under the exemption, so we can
>> use it. I also think it's curious that they specify "community" viewing is
>> allowed. What do you think?
>>
>> Thanks for your advice.
>>
>> Deborah Benrubi
>> Technical Services Librarian
>> University of San Francisco
>> Gleeson Library|Geschke Center
>> 2130 Fulton St.
>> San Francisco, CA 94117
>>
>> PHONE (415) 422-5672 / FAX (415) 422-2233
>> EMAIL <benrubi@usfca.edu>
>> 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.
Received on Tue Jul 28 12:15:43 2009

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