Re: performance fees

Gary Handman (ghandman@library.berkeley.edu)
Tue, 1 Jun 1999 08:46:53 -0700 (PDT)

Hi. Regarding your first situation: if you want to pick nits, the
face-to-face teaching exemption for using videos requires that the use must
take place in a venue in which teaching regularly occurs (i.e. a formal
classroom). I really don't think anyone would bust you if the venue were
changed to the library on occasion. The larger issue is the nature of the
use itself: if the films are being shown in a context that is in any way
extra-curricular, or if the showing is open to individuals other than those
enrolled in the class, you probably need performance rights.

Your second situation (a film series) absolutely requires rights...no
getting around it.

Securing rights is never that easy...that is to say, tracking down whom to
contact to secure the rights is often a pain. You don't mention whether
you're gonna be showing 16mm or video. You might start with Swank Motion
Pictures: http://www.swank.com/

Gary Handman
UC Berkeley

>1. We would like to offer a film series in the Library Bldg. We want to
>show 4 movies in a quarter. Each film or video will be associated with a
>class such as an English class or a political science class. We would
>only offer the series to students of the college. There will be a
>lecture involved with the showing. We envision less than 30 students
>attending.
>
>2. We would also like to offer a film series which will be at a small
>outdoor pavilion on the campus. At this film series we would like to
>invite the public as well as a the campus community. It still would be
>associated with a class but we would like to invite others to this
>series. Possibly 100 people might attend this series.

>
>
>Both of these film series will be sponsored by the library.
>Do we to pay performance fees for both of these? How do we find out who
>we need to pay the money to? What other things do we need to take into
>account.
>
>Some of the movies that faculty have asked for are:
>
>The original _Mummy_
>_The Graduate_
>_Big Man, Little Man_
>_Manchurian Candidate_
>_Othello_
>_Westside Story_
>
>Are there guidelines somewhere for this? Can you buy a blanket
>performance rights like for music?
>Thanks for the help in advance!!!
>
>Best regards,
>Debbie Holmes
>frizsell@roman.net
>
>
>
Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley 94720-6000
http://www.lib.berkeley.edu/MRC

"Everything wants to become television" (James Ulmer -- Teletheory)