Re: Personal copies of videos on reserve

Carolyn Baxley (carolyn@baxleymedia.com)
Wed, 28 Oct 1998 10:43:06 -0600

Well...I'm glad you began that diatribe with an apology, for it deserves
one. So tell me, Gary, would YOU purchase a video from me at my home use
price of $29.95 rather than the organizational price of $150 and take it
to work and place it in your collection?

Carolyn

Gary Handman wrote:
>
> 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
> >