Personal copies of videos

Carolyn Baxley (
Wed, 28 Oct 1998 10:33:46 -0600

It is not so much a matter of copyright, Stan, as it is a matter of
trust. After many years of offering our programs only at educational
prices and receiving requests from individuals who wished to purchase
them but couldn't afford those prices, we finally established a
two-tiered pricing structure to allow for home use. When someone buys
one of our videos for their personal use, we charge $14.95-39.95 rather
than the usual $99-250 per title for organizational use with public
performance rights. It is implicit in this home use sale that the copy
we sell them won't be taken to their place of work and loaned or rented
by an organization to multiple users.

Most of the producers we represent are independents who have leveraged
everything they own to produce their film or video and depend upon the
royalties I pay them to keep working. And I hope we all recognize that
it is important for them to keep producing since some of the best films
and videos in collections around the country are independent
productions. I don't believe it is fair to them or the companies that
represent them for an organization to willfully circumvent paying an
educational/organizational price and place videos purchased for home use
into circulation.

Of course, it is quite another matter when a title is offered at one
price for all markets, and we have several that fall into this category.
PREVENTING ELDER ABUSE, for example, is priced at $24.95 across the
board because its production was underwritten by the California Attorney
General's office to allow it to be made available at a lower price.


Stan Diamond wrote:
> Carolyn,
> While I can appreciate the need for distributors to profit on the
> sale of their collections, the copyright law clearly provides that any
> legally acquired video may be used in a face to face teaching situation
> without regard to copyright restriction. It would then appear that this
> clause (which I believe is 110a) would cover purchased home use videos when
> used in a classroom.
> Stan