Re: Personal copies of videos on reserve

Gary Handman (ghandman@library.berkeley.edu)
Wed, 28 Oct 1998 10:25:58 -0700

You bet! The Constitution (as obliquely represented through the Fair Use
clause of the 1976 Copyright Law) gives me the right as an educator to do
just that. You want to put screws on the buyer, Carolyn, have the buyer
sign a license.

Gary

>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
>> >

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

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