Actually Non Theatrical is a phrase which is really from peak of film
showings in all sorts of venues from the 50s to the 70s which has been
shrinking ever since. At one point there were literally dozens of companies
renting films, mostly in 16mm to schools, libraries, film societies,
churches, community organizations etc. Non Theatrical was used to
distinguish these showings mainly from first run theaters, but also from the
many repertory theaters many which actually were for profit. The vast
majority of non theatrical venues did charge admission and there was a
formula  to split the box office with the distributor. With the coming of
video, DVD, streaming etc, most but certainly not all  of the companies and
venues are gone .  Frankly I am not sure how Non Theatrical ever got used in
conjunction with Public Performance Rights for mainly educational videos
which were sold to institutions. Obviously distributors did not want a film
which a film society might rent to be shown elsewhere on campus, but as a
practical matter I doubt this is a big issue. Most films sold with PPR
have little chance of being shown to a wider audience and those that do have
little chance of being rented by another group. There are exceptions to this
and I understand distributors wanting to protect themselves with
restrictions in the license. I do think the phrase Non Theatrical tends to
lead to confusion if applied in conjunction with sale, but its meaning has
changed so much in the last twenty years, it is hard to keep track.

On Tue, Jan 25, 2011 at 12:49 PM, Jackson, Sandra F. <[email protected]>wrote:

>  *From a theater operator’s perspective:*
>
> * *
>
> *Theatrical* tends to apply to a movie theater operated for profit.  These
> theaters charge admission most of the time.  I operated a theatrical venue
> for six years.  We did, on rare occasions, show movies for free, but usually
> these events featured older films.  These theaters can be “first-run” (think
> multiplexes) or “second run” (think dollar theaters and some mom & pop
> theaters).  My theater actually fit into the nebulous “intermediate-run”
> category.  We would get films after they dropped from the multiplexes,
> usually before they played the dollar theaters.
>
>
>
> *Non-Theatrical* typically means an in institutional or non-profit
> theater.  University movie theaters tend to fall into this category, as do
> prisons.  I’ve operated a university movie theater for four years.  A
> non-theatrical venue can actually charge admission, but the price of
> non-theatrical PPR will typically increase when we do.  However, the point
> of charging admission is just to cover costs, hence the non-profit
> designation.  The fun part comes from working with the independent
> distributors. Sometimes they see us as simply non-theatrical and will give
> us the films just before they come out on DVD.  Other independents view us
> more as an “art house” and give us films when other art house venues are
> playing them.
>
>
>
> Semi-theatrical – I don’t hear that term very often.
>
>
>
> Some people may wonder why I joined this group, since I am a theater
> operator, rather than a librarian.  Well, this group shares great ideas
> about films that I often pass on to my frequent film programmers.  I also
> appreciate the effort everyone gives to help each other find Public
> Performance Rights.  The discussions of copyright have been enormously
> helpful to me.   Thanks for letting me learn from all of you.
>
>
>
> Of course, I can’t really weigh in on cataloguing or streaming.
>
> Thanks,
> Sandra
>
>
>
> *Sandra F. Jackson**
> **Film Program Coordinator **
> **Lumina Theater & Sharky's Box Office**
> *Department of Campus Life
> The University of North Carolina Wilmington
> Phone 910.962.7971  Fax: 910-962-7438
> [email protected]
> *http://www.uncw.edu/lumina*
>
> *NOTICE: Emails sent and received in the course of university business are
> subject to the North Carolina Public Records Act (N.C.G.S. §132-1 et seq.)
> and may be released to the public unless an exception applies.*
>
>
>
>
>
> *From:* [email protected] [mailto:
> [email protected]] *On Behalf Of *Elizabeth Sheldon
> *Sent:* Tuesday, January 25, 2011 11:35 AM
>
> *To:* [email protected]
> *Subject:* Re: [Videolib] language from vendors
>
>
>
> 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
>
> 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.
>
>
>
>
> --
> Jessica Rosner
> Media Consultant
> 224-545-3897 (cell)
> 212-627-1785 (land line)
> [email protected]
>
> 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.
>
>


-- 
Jessica Rosner
Media Consultant
224-545-3897 (cell)
212-627-1785 (land line)
[email protected]
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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