Re: Personal copies of videos on reserve

Gary Handman (ghandman@library.berkeley.edu)
Tue, 27 Oct 1998 14:18:34 -0800 (PST)

I'm sorry, Carolyn. You've just pushed one of my particularly sensitive
button...now you get the major diatribe.

There is a major difference between the concept of public performance
rights--a concept which ties to the copyright law--and CONTRACTUAL
agreements which may be attached to the sale of a video (a point of
commercial NOT copyright law). The bottom line (and one which very many
video distributors are either unclear or wish to obfuscate) is that public
performance rights are only required in instances defined by the law as
constituting public performance. Public performance right ARE NOT ARE NOT
ARE NOT (NEVER!) required in face-to-face classroom teaching (as defined
by the copyright law). I firmly believe that required course reserve
viewing of a video in connection with classroom teaching would fall under
this fair use (even though the use of the stuff takes place outside of the
classroom, it is clearly a logical extension of classroom teaching).

Now...it may be another issue altogether if your company decides to charge
institutions more, decides to put stipulations on the use of your rented
or purchased titles, etc. That's a contract between you and your
buyer...I guess it's your right (although it does piss me off when
distributors do this kind of stuff). In such cases, may be able to take
infringers to task in court for contract infringement...but there's no way
you can claim copyright infringement.

Unless there is a clear contractual agreement which I sign...I'm
gonna use any damn (legal) thing I want as course reserve viewing. That's
my fair use right, and you can believe I'm gonna stand by that right.

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

"You are looking into the mind of home video. It is innocent, it is aimless,
it is determined, it is real" --Don DeLillo, Underworld

On Tue, 27 Oct 1998, Carolyn Baxley wrote:

> RICHARD COSMANN wrote:
> >
> Videos sold to individuals for home use do not carry public performance
> rights. As a distributor who has differential pricing for the home and
> institutional markets, we take a very dim view of this kind of activity
> since it clearly violates the trust we place in people when we accept
> their word that the intended use of the video is personal.
>
> Carolyn Baxley
>
>
> > I would like to know whether libraries place personal copies of videos
> > on reserve or in the collection. Sometimes the faculty here ask us to
> > do that.
> >
> > Thanks!
> >
> > Richard Cosmann
> > Long Island University
> > Brooklyn library
> > rcosmann@phoenix.liu.edu
>