Re: Videos in the Classroom

Kristine Brancolini, 812/855-3710 (BRANCOLI@cluster.ucs.indiana.edu)
Mon, 9 Oct 95 10:33:00 EWT

From: PO4::"videolib@library.berkeley.edu" 5-OCT-1995 17:33:05.96
To: Multiple recipients of list <videolib@library.berkeley.edu>
CC:
Subj: Re: Videos in the Classroom

Tony: The face-to-face teaching exemption says that it must be a
legally acquired copy. It *does not* say you have to own the
videotape. It could come from a public library, a school library,
a video rental store, your best friend. It just has to be a legal
copy. You do not have to own it. This was never the case. Now
the videotape made by AIME, _Copyright Law: What Every School,
College and Public Library Should Know_, makes a big deal about
rental stores, implying that most have an agreement that you must
sign saying you will use it at home. This is absurd; I've rented
videos from dozens of stores and the agreement you sign has to do
with bringing back the tape. They don't care where you show it.
But the law does not specifically prohibit using rented videotapes
in teaching situations.

Kristine Brancolini
Indiana University Libraries
brancoli@indiana.edu

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
tony@linknet.kitsap.lib.wa.us
voice 360-405-9101
fax 360-405-9128

Opinions expressed are my own.