Re: Libraries renting cassettes?

Kino International Corporation (
Thu, 24 Apr 1997 08:40:49 -0400

This issue relates somewhat to my earlier queary on closed circuit broadcasts.
In general Stan is correct, you can not limtit standard "fair use" of a
tape you have made legally available by simply slapping a label on it.
Companies can and I believe do limit, loan outs by specifying this in
writing and requiring it as a condition of purchase ( getting back a signed
contract) this is an ususual and somewhat extreme procedure, but it can be
done legally so long as the purchaser signs the contract. Kino has done
this on a few very obscure titles were we have no right to really sell a
regular video,but could sell a ppv copy provided it could not be loaned
out. This only happens a couple times a year, but I couldn't sell the tape
at all if the purchaser could loan it out. In general however companies
that try to stop libraries from loaning out legally purchased tapes are
blowing smoke.

Back to the closed circuit issue. I am often amused when these PO's come
in asking us to sign off on Cable tranmission ( also sometimes dublicating
copies etc). In many cases they are asking this on titles we may release on
home video but do not have any PPV or other rights on. I have always
wondered how many of these things are signed by people who have no rights
at all. One university told me that Ingram told them it was no problem to
show various foreign films for open public screenings. Since thousands of
feature titles are released on home video by companies that do not have the
ppv rights, I have never figured out how libraries get those forms signed.

Thanks for all the responses to my earlier query on closed circuit
rights. I do not see a problem with systems that can deliver the film
directly into a single classroom during the course instruction, but I
think many schools are doing a lot more. Some run the films again so the
students " can see them in the confort of their rooms" and seem to think
this is covered under face to face. I have a problem with systems were
anyone on campus can pick the film up even if was only intented for a
particular class. I guess I'll just wait until some school puts FANTASIA on
closed circuit some night and Disney finds out;

Jessica Rosner

Kino International Corporation
333 W. 39th St. Suite 503
New York, NY 10018
fax: (212)714-0871