Re: public performance rights

Susan Weber (
Mon, 24 Mar 1997 15:13:08 -0800 (PST)


The reply from Jim Sholtz is, unfortunately, wrong.
Canadian copyright law applies to Canada. That means that a U.S. pgm
is more restricted when it is used in Canada. The face-to-face
exemption does NOT apply in Canada - as here, a classroom, library,
or other teaching situation has been deemed to be in a 'public place'.
So, you need to purchase videos with Public Performance Rights.

When dealing with U.S. suppliers who are unaware of Cndn. law, who
will assure you that you can use a U.S. pgm. in the class, make certain
to get that in writing. It has happened that a Cndn. distribution co.
gets exclusive rights for the Cndn. market, and if you've bought the
pgm. from a U.S. supplier, you are liable to be sued.
This has happened (or at least the threat to sue has occurred).

Sorry for the bad news.
Susan Weber, Media Librarian e-mail:
Langara College
Advanced Education Media Acquisitions Centre (AEMAC)
100 West 49th Avenue Tel: 604-323-5533
Vancouver, B.C. Canada Fax: 604-323-5475

On Mon, 24 Mar 1997, Sarah Hainsworth wrote:

> In the most recent issue of "Video Librarian" there is a short blurb about
> Schools and the Public Performance Myth - the paragraph says that if you are
> planning to use videos in a "face to face teaching situations, as part of
> the curriculum" you don't need public performance rights. Does this apply
> only to American schools or does it also apply to Canada? Can anyone
> clarify? Thank you.
> Sarah Hainsworth
> Media Librarian, Education Media Library
> Learning Resources and Technology Division
> NS Department of Education and Culture
> 3770 Kempt Road, Halifax, NS CANADA B3K 4X8
> (902)424-2439 (voice) (902)424-0633 (fax)
> email: