Re: Home Use vs Public Performance

Kino International (kinoint@InfoHouse.com)
Thu, 9 Nov 1995 18:32:30 -0500

I am going to sound like a broken record but the " face to face" teaching
exemption is pretty clear . so long as your video is a legal copy (not a
dupe or off air) you can use it for standard classroom instruction. This
means in a regular course as part of the instruction. No matter what a
company tells you, ANY LEGAL TAPE can be used in a classroom instructional
setting. Once the tape is in the general market, it can not be restricted.
There are titles that are sold only with public performance rights (usually
educational material with no general market value) which is ironic since
most of them are not used in public settings.

If I can put in a word for us maligned distributors about places that abuse
face to face exemptions. I got a call yesterday from a student who wanted
to show one of our new releases on video. Since it's not on video she will
rent it on film, but when I asked what else she was useing she mentioned
two films with particularly cranky right holders. when I asked how she
cleared them , she said that since " they were not charging admission" she
didn't know she needed to. She told me that media people were letting her
use a screening facility and video projection equipement. I have no doubt
that the student didn't know any better but the media people should have. I
do believe that media centers have a responsibility to know what there
stuff is being used for and that it's legal.
Not too much to ask.

Jessica Rosner
Kino Interntional

Kino International Corporation
333 W. 39th St. Suite 503
New York, NY 10018
(212)629-6880
fax: (212)714-0871