This comes up a lot. For what it is worth there is a good chance these folks sincerely believe this and have no understanding of copyright law and the face to face exemption. I have met a significant number of directors and producers of independent films who honestly believe that there is actually some legal category of "educational use" which stipulates that institutions must pay more than individuals or to be more precise that institutions must pay to use films in an actual class.
However, as a practical matter they can insist on anything they want by contract, it would just be better if they made it clear that this their condition for selling the film and has nothing to do with "Fair Use" or copyright laws. You could always send them the "face to face" teaching section of the copyright law but in the end they own the film exclusively and can determine the terms of sale. I would however use this as a reminder that if you don't need PPR, you should always check to make sure if the film is available from a place where you don't have to purchase it at the higher PPR price. On Tue, Aug 17, 2010 at 12:39 PM, Jean Reese <[email protected]> wrote: > Good Morning, > > I am trying to purchase a set of dvds from a company who seems to have > their own definition of what is allowed with face to face teaching. Here > is what one must agree to when checking out online. (among other things). > > "Public Performance / Fair Use: Unless authorized in writing, our > courses are NOT licensed Public Performance, such as showing in a > classroom. However, we consider less than a total of 30 minutes of > classroom display as Fair Use, and actually a kind of PR, so thank you > very much! But for longer use, we kindly ask that you get a Public > Performance License." > > Just to clarify, we would be happy to pay the extra $150 for a PPR > license but this is what they define as PPR. > > "In the Shop menu select Public Performance Licenses -> Single > Teacher, and add to your shopping cart." > > Does anyone have an suggestions as to how to approach this. I am unable > to find the material anywhere else. Thanks for your help with this. > > Jean > -- > Jean Reese > Coordinator, Collection Development > Instructional Media Resources > Middle Tennessee State University > 1301 E. Main St., P.O. Box 33 > Murfreesboro, TN 37132 > phone 615-898-2725 > fax 615-898-2530 > > Email: [email protected] > IMR website: http://www.mtsu.edu/~imr > > Follow us on Facebook > MTSU Media Library > > > > > > > > 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.
