Re: individual patrons & pub. perf. rights

Gary Handman (
Thu, 24 Oct 1996 09:00:22 -0700 (PDT)

OK guys, now listen up.

Kris Brancolini, Rick Provine, and I were at an NVR (Rockefeller)
week-long symposium a year ago in Austen, TX. Ivan Bender (the Great
Panjandrum of Video Copyright) also attended. Now, Ivan used to be in
the pocket of AIM (in other words, an industry flack), but subsequently
got religion (or something) and jumped ship to the Consortium of College
and University Media Centers. Used to be (in Ivan's AIM days) that he
categorically claim that video use by an individual in a carrel in a
public place (such as a library) constituted public performance. At the
Austen bash, Ivan--to our great amazement and joy--indicated that he now
feels that such use would probably (PROBABLY) be looked upon as allowable
(i.e. without performance rights) in a place such as a library or school
media center. There has, to my knowledge, been no litigation supporting
either point of view...

Speaking purely for myself...I'd go to bat anytime in support of in-library
use by individuals...Sometimes its worth taking risks in support of broad
access to information...

Gary Handman
Media Resources Center
Moffitt Library
UC Berkeley, CA 94720-6000