As far as I know the issue isn't one of ownership, but one of legal
copies. If the copy of the video is a legal copy, it doesn't matter where
it came from, in reference to a school showing (as long as
the other criteria of the face-to-face teaching exemption are met).
On Thu, 5 Oct 1995, Tony Neal wrote:
> I agree with what's been said on this subject so far, but isn't one of
> the prohibitions against using library tapes to show in other
> places--daycares, elementary schools, etc.--is that the showing entity
> must *own* the tape outright, and not be using some other entities' tape,
> i.e. a public library? This was touted as true a couple of years ago,
> but I never knew if it were true or not.
> On Thu, 5 Oct 1995, Kino International wrote:
> > It would be hard to argue that WINNIE THE POOH was being used for teaching
> > purposes to kindergardeners. Any standard classroom teaching use would be
> > OK.
> > The FACE TO FACE exemption isn't that complicated. If the video is being
> > used in a course limited to a specific group of enrolled students, it
> > should not be a problem. No matter what a distributor tells you, if you
> > purchase a legal copy of the title, it is covered by the exemption for
> > classroom use. The two tiered pricing can't be enforced, because once a
> > title is available to the general market it is available for classroom. You
> > may be forced to buy a tape with PUBLIC PERFORMANCE RIGHTS if the tape is
> > not available any other way. You should check carefully before you buy.
> > Many libraries want Public Performance Rights so the tapes can be used for
> > public screenings or an campus cable systems.
> > Jessica Rosner
> > Kino International
> > Kino International Corporation
> > 333 W. 39th St. Suite 503
> > New York, NY 10018
> > (212)629-6880
> > fax: (212)714-0871
> Tony Neal
> Media Librarian
> 1301 Sylvan Way
> Bremerton, Wa 98310
> voice 360-405-9101
> fax 360-405-9128
> Opinions expressed are my own.