Re: individual patrons & pub. perf. rights

Judy Jones (JONESJM@libraryserver.lib.csus.edu)
Thu, 24 Oct 1996 08:14:33 PST8PDT

We have "feature films" and educational videos. The feature films
circulate to students, staff, and faculty and are viewed off prem.
However, occasionally a feature film is a class assignment. Then we
allow watching individually in a carrel. I believe this application
falls within fair educational use. (Feature films almost always do
not carry public performance rights, and we purchase public
performance rights whenever possible for our educational material.)
Can anyone cite where our interpretation and usage is illegal. We
will immediately change policy.

Date: Wed, 23 Oct 1996 17:51:16 -0700
Reply-to: videolib@library.berkeley.edu
From: GHUGGINS@kckpl.lib.ks.us (Gary Huggins)
To: Multiple recipients of list <videolib@library.berkeley.edu>
Subject: individual patrons & pub. perf. rights

Has anyone done any research on the issue of public performance rights and
individual, in-library carrel video viewing? In a recent "Video Librarian" Randy
Pitman states categorically that "a patron cannot, I repeat, cannot, watch a
video that does not include public performance rights on library premises"; he
also mentions "the famous ALA interpretation of copyright law which argued that
in-library carrel showings were perfectly legal".

So which is it? Does it come down to which interpretation one chooses to listen
to? I'm referring to a single patron watching a video, alone, in a setting where
no one else can see the screen - no group showings.

Is anyone aware of a final word on the subject? And can anyone whose library has
rejected the ALA interpretation in favor of a stricter application of public pe
rformance rights give me a little information of how they've gone about it? Do y
ou determine the rights of each film in your collection, or limit viewing to a c
ertain number of pre-determined titles, etc.?

Thanks -

Gary Huggins

gary l. huggins phone: 1-913 551-3280 ext. 210
circulation assistant
kansas city, kansas public library email: ghuggins@kckpl.lib.ks.us
625 minnesota avenue
kansas city, ks 66101-2805