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

From: Jessica Rosner <maddux2014@gmail.com>
Date: Tue Jul 28 2009 - 12:43:18 PDT

We agree completely on this Gary but I wish you would not have mentioned
"Fair Use" which has nothing to do this one which is obviously covered by
the Face to Face exemption. My skin starts to crawl a bit when " Fair Use"
is thrown around in the same discussion with using a whole film. Too many
academics through the term around like it is a magic potion for doing
whatever they want regardless of copyright.

On Tue, Jul 28, 2009 at 3:24 PM, <ghandman@library.berkeley.edu> wrote:

> Anyone on this list who doesn't known this stuff by now should have his or
> her professional stripes ripped off the sleeve.
>
> The real (profoundly annoying) issue here is really the all too common
> practice of certain vendors of trying to foist off bum information and
> false requirements that fly in the face of either/and 1) fair use rights
> 2) other use rights afforded under current copyright.
>
> I will go to my grave railing against vendors who claim that public
> performance rights are needed just because an institution is buying. If
> you use the video in face-to-face curricular use in the classroom, you
> don't need no steeenking performance rights.
>
> If you can buy it on the open market as home video, it's absolutely cool
> to use it in f-to-f classroom teaching.
>
> If a vendor wants to tier price, so be it...but call it what it is.
>
> gary handman
>
>
> > 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 ³performance² (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-concept² pictures). The
> > presenting location must be a non-profit school of some sort.
> Foundations
> > or associations or other non-profit ³educational² 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.
> >
>
>
> 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 12:43:33 2009

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