Right on, Gary. It would be so great if every distributor read and
understood your description of the situation.
On Jan 13, 2010, at 2:12 PM, [email protected] wrote:
The copyright law provides an exemption for use of copyrighted
videos in
face-to-face classroom teaching. In theory, if all you are doing is
showing videos in this context, you don't need public performance
rights
or other copyright clearance.
Some distributors choose to establish tiered pricing: for eg, a home
video/individual price and an institutional price. If the
distributor is
the sole source for purchasing the DVD, the institution is stuck: the
purchase of the work represents a commercial contract which specifies
conditions of purchase and use.
If, however, the distributor of the film chooses to sell both at
institutional prices and, elsewhere (amazon, etc.) as home video,
and IF
the only use of the DVD will be for face-to-face instruction, there is
absolutely no reason for the institution NOT to buy the cheaper
version.
Fair use doesn't enter into this at all or in any way.
Gary Handman
Hi, Merle -
Speaking on behalf of New Day Films and probably every filmmaker
who sells
to the academic market, the reason we price our films as we do is
specifically FOR classroom use. Home viewing or personal use means
you
watch
a film privately, while academic pricing is intended to
accommodate years
of
use by potentially hundreds of students. ³Fair use² doesn¹t come
into play
here because the seller specifically states what rights are for sale
through
each purchase. And it is the seller, not the purchaser, who
determines
what
rights are for sale.
Best wishes,
Jeff Tamblyn
Unconditional Films, LLC
913 362 6533
www.kansasvdarwin.com
VIDEOLIB is intended to encourage the broad and lively discussion of
issues relating to the selection, evaluation,
acquisition,bibliographic
control, preservation, and use of current and evolving video
formats in
libraries and related institutions. It is hoped that the list will
serve
as an effective working tool for video librarians, as well as a
channel of
communication between libraries,educational institutions, and video
producers and distributors.
Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley
510-643-8566
[email protected]
http://www.lib.berkeley.edu/MRC
"I have always preferred the reflection of life to life itself."
--Francois Truffaut
VIDEOLIB is intended to encourage the broad and lively discussion
of issues relating to the selection, evaluation,
acquisition,bibliographic control, preservation, and use of current
and evolving video formats in libraries and related institutions.
It is hoped that the list will serve as an effective working tool
for video librarians, as well as a channel of communication between
libraries,educational institutions, and video producers and
distributors.
VIDEOLIB is intended to encourage the broad and lively discussion of issues
relating to the selection, evaluation, acquisition,bibliographic control,
preservation, and use of current and evolving video formats in libraries and
related institutions. It is hoped that the list will serve as an effective
working tool for video librarians, as well as a channel of communication
between libraries,educational institutions, and video producers and
distributors.
