>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?
>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
>> Media Resources Center
>> Moffitt Library
>> UC Berkeley, CA 94720-6000
>> "You are looking into the mind of home video. It is innocent, it is
>> 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
>> > > firstname.lastname@example.org
Media Resources Center
UC Berkeley, CA 94720-6000
"You are looking into the mind of home video. It is innocent, it is aimless,
it is determined, it is real" --Don DeLillo, Underworld