Re: individual patrons & pub. perf. rights

Gary Handman (ghandman@library.berkeley.edu)
Thu, 24 Oct 1996 17:13:36 -0700 (PDT)

Ahem...OK...not being a lawyer, I couldn't say for certain (blah blah
blah), but I think that any University library (open to the general public
or limited to students only) would qualify as a public place under the law.
The BIG ace in the hole folks like me have, of course, is the fact that the
vast
majority of viewing that goes on in my pip-squeek facility (GREAT collection;
crappy digs) is in connection with course-related work--i.e. it's course
reserve viewing. I feel purty confident that I could make a strong pitch
for this type of viewing being an extension of face-to-face teaching.

As for the joes and jills who bop in to watch Pulp Fiction for kicks...uh...

Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley, CA 94720-6000
510-643-8566
ghandman@library.berkeley.edu

On Thu, 24 Oct 1996, First Run/Icarus Films wrote:

> 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: frif@echonyc.com
>
> 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
> > ghandman@library.berkeley.edu
> >
> >
>