Audrey: Canada and the US have signed the Berne Convention. This
obligates us to apply our own country's laws to
any content. That means, one doesn't have to know what the law is
elsewhere, one only has to uphold one's own country's laws.
So, to answer your question, a US exemption applies within the U.S.
Technically, to us in Canada, works that were produced in the U.S. are
more restricted in Canada than they would be in the U.S.
and in reverse, Canadian productions are protected less in the U.S.
than they would be in Canada.
Life is not always fair.
Susan
Audrey Quinn wrote:
Thanks
for the clarification - but one more question - does the U.S copyright
exemption include films that were made outside of the U.S. or only U.S.
produced films?
(sorry
Marilyn, didn't mean to just reply only to you in my last email)
No, unfortunately it doesn't
apply in Canada - or not yet. The new copyright bill that was proposed
before the House of Parliament closed for the election does have
something similar to the US educational exemption in it. In Canada,
the vendor's statement below is true, i.e. that if we want to show a
video in a classroom, then we need to acquire PPR. However, we do
purchase videos without PPR for individual use - when classroom use
isn't required.
Marilyn
--
Marilyn Nasserden
Head, Visual & Performing Arts
Libraries and Cultural Resources
25 MacKimmie Library Block
University of Calgary
2500 University Drive NW
Calgary, Alberta, CANADA
There has been quite a bit of discussion on the videolib listserv
(that's
an online discussion list for video librarians, filmmakers, film
distributors and others)concerning the inaccurate statement New Video is
currently putting forward concerning Public Performance rights.
>> About Public Performance Rights:
>> Public Performance Rights (PPR) allow screenings of DVDs for
educational
>> purposes. PPR are included with DVDs purchased from New Video
at the
>> prices indicated. PPR permit screenings in a classroom or
library or to a
>> group where no admission is charged. DVDs purchased from home
video
>> retailers or through our home video website or by anyone other
than New
>> Video do NOT carry Public Performance Rights. These may only
be screened
>> for private home use unless Public Performance Rights are
purchased
>> separately or an open showing is arranged.
Screening film/video in a classroom in the service of regular curricula
is
covered by the face-to-face teaching exemption of the US copyright Law
(Title 117: section 110) and does not require PPR. This exemption
applies
to home video, as well as other legally acquired versions of the work.
Screening a copyrighted film to a group outside of the home or outside
of
these exemptions requires PPR--a fact with which most video librarians
are
acutely aware.
Thanks in advance for considering reworking the wording of your
currently
misleading and inaccurate statement.
Gary Handman
Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley
"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.
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.
--
Susan Weber, Librarian
Langara College,
100 West 49th Avenue, Vancouver, B.C. V5Y 2Z6
Tel. 604-323-5533 email: swe...@langara.bc.ca
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.
