Dear All,

I agree that consistency between vendors would be desirable and these types of questions will become more complex as formats evolve from DVD/ PPR to digital licensing for campuses. My understanding of PPR has to do with contractual definitions, actually, which probably vary from lawyer to lawyer and from distributor to distributor. These, however, are the ones that I have encountered over the years working at FMG (many, many years ago) and now Kino Lorber, which I believe provide clear guidelines.

"Non-Theatrical" is usually defined as a screening(s) to non-admission paying audiences at non commercial venues, such as libraries, colleges, universities, community centers, churches, synagogues, etc. A Public Performance Rights license allows a non-profit institution to purchase the PPR license, which is good for the life of the DVD, and show the film for free to small groups (this could include inside of a theater if admission wasn't charged and it was not advertised to the public, more below) for an unlimited number of times.

A semi-theatrical exhibition can be determined by three criteria: admission is charged; the screening is publicly advertised; more than 50 people are expected to attend. If two out of three of these criteria are met, then a distributor can choose to ask for a one-time exhibition fee. These criteria generally apply for festivals and for- profit venues outside of traditional theaters. Sometimes the venue may also ask to screen from a Digi Beta or HD cam, rather than a DVD, adding a fourth criteria for a semi-theatrical license.

I hope this sheds some light or at least reassures this community that there is logic/legal thought behind the various fees that the distributors ask for.

Best,

Elizabeth

Elizabeth Sheldon
Vice President
Kino Lorber, Inc.
333 W. 39th St., Suite 503
New York, NY 10018
(212) 629-6880

www.kinolorberedu.com

On Jan 24, 2011, at 11:07 PM, Jessica Rosner wrote:

I think that is just semantics. Nobody is selling films to theaters for public performances. That is strictly rental. However MY can of worms is why so many non theatrical licenses have a limit of 50 people. I have no idea why that number. I would think it would be great if you get 100 people on a college campus to see a film. I suspect it is meant to differentiate an "educational" showing from one that might be part of regular student film series, but I have a hard time imagining that is much of an issue these days with the kind of films that are sold with PPR rights.

On Mon, Jan 24, 2011 at 10:46 PM, Wochna, Lorraine <[email protected]> wrote:
Hi all,
Out of curiosity, not wanting to open pandoras box (it may be inevitable)

When a vendor (ie, First Run) uses "non-theatrical public performance"
OR
When a vendor (ie, Film Media Group) uses "public performance allowed"

how are you defining "non-theatrical PPR" v. PPR.

thanks,
lorraine wochna
alden library
ohio university
athens OH  45701

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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.

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