Re: Personal copies of videos

Gary Handman (ghandman@library.berkeley.edu)
Wed, 28 Oct 1998 10:23:32 -0700

I'm sorry, Carolyn, but I'm afraid you are still putting forth some
misguided notions here.
Home video is absolutely acceptable for use in classroom teaching (or--as I
put forth earlier--reserve use in a library). Public performance rights
are not the issue here. If you want
to establish two tiers, have your customers sign a license indicating that
the stuff will be used for home use only. It IS NOT implicit that a video
marked "home use" or sold at a mass market price
may not be used in the classroom. Trust really has nothing to do with
it... I also have a very hard time seeing how use of non-theatrical video
in the classroom purchased at the so-called home use price is gonna cut
into your market potential...

Gary Handman

>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.
>
>Carolyn
>
>
>
>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