Re: individual patrons & pub. perf. rights

First Run/Icarus Films (
Thu, 24 Oct 1996 19:06:16 -0400 (EDT)

Dear Gary,

Are you saying that a university library - which is NOT open to the
public - is a public place?

Just curious

Jonathan Miller
First Run/Icarus Films
153 Waverly Place, 6th Floor
New York, NY 10014

e mail:

On Thu, 24 Oct 1996, Gary Handman wrote:

> 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
> Director
> Media Resources Center
> Moffitt Library
> UC Berkeley, CA 94720-6000
> 510-643-8566