Hi Well, I don't think this is really rocket science (although it DOES seem like it should be)
The general sense is that a screening of a whole work to a REGULARLY SCHEDULED course, in the context of instruction, in a place where instruction usually occurs is exempt...i.e. it qualifies as face-to-face teaching and is thus exempted. (see http://www.law.cornell.edu/uscode/17/110.html) Screening outside of the above described exemption probably requires PPR. There are definitely gray zones in this scenario: what about a one-off academic workshop led by a faculty person? What about an extra-curricular graduate seminar? What about a student orientation held by an academic department or a student services department on campus? A sticker would say, yeah, you need PPR, I guess. I personally am not particularly worried about such... A screening series such as the one you describe is probably something else, however, regardless of the fact that it's attended by students only, educational in nature, is held on campus, is non-fee...etc. I'd say you need PPR, pretty cut and dried. (Noble intentions don't count much in these matters, I'm afraid!) None of this has anything to do with fair use, by the by... Gary Handman > I've been exploring what latitude I have here at my institution to include > films on DVD in our collection in a film series on world cities. The aim > of my series would be to expose students to realms they have yet to > imagine (much less experience) and get them thinking and talking about > their filmic experience in an enlightening, horizon-expanding way. Which > is where my recently developed interest in PPRs comes into it: if my > proposed series is not shown in a scheduled class as part of a scheduled > course, viewed only by students registered in that course, can I show a > film at all? My understanding at this point is that the answer is "No." > > Well then, does a so-called 'institutional license' or 'institutional > price' convey the right to include a film (by default, a documentary) in a > free, educational, on-campus film series? I'm assuming this depends upon > the terms of said license-unless this caveat amounts to allowing vendor > 'licensing' to constrain the right to use material for educational > purposes. Is 'fair use' legally bounded by an educational institution's > course catalog? > > So I've been trying to understand the where/when/how of PPR within the > academic environment. (The 'given' in all this is that university counsels > are quite conservative in anything related to Fair Use. No surprise.) > > Ideally, my series would contain theatrical release films as well as > documentaries. But the more I learn, the more 'ideal' turns into > 'naïve'... > > Kathy Edwards > Art & Architecture Reference & Collection Development Librarian > Emery A. Gunnin Architecture Library > 112 Lee Hall > Clemson University > Clemson SC 29634 > [email protected] > > > From: [email protected] > [mailto:[email protected]] On Behalf Of Jessica Rosner > Sent: Monday, August 08, 2011 4:20 PM > To: [email protected] > Subject: Re: [Videolib] Conf. Paper: ³Public Performance Rights Management > in Academic Libraries² > > With all due respect I think that is a terrible and misleading title. I > don't even think those claiming the right do digitize and stream films for > students in classes would use the term " Public Performance Rights" which > inevitably refers to showing a film to the public in public. Ironically I > think the presenter is falling for the misleading information or set up > used by some distributors who try to claim that an exempt "face to face" > classroom use requires a PPR license. The much more contentious question > and which IS in legal dispute is the use of films OUTSIDE the physical > classroom and whether there is some special exemption that covers that > under some reading of "fair use". I realize it is just the title and I > presume the usual issues will come up, but I think it starts with a false > premise of some kind. > On Mon, Aug 8, 2011 at 3:39 PM, Deg Farrelly > <[email protected]<mailto:[email protected]>> wrote: >>From INFODocket > > Looks like an interesting session at IFLA. > > -deg farrelly > > > -- > deg farrelly > Mail Code 1006 > Arizona State University > P.O. Box 871006 > Tempe, AZ 85287 > Phone: 480.965.1403<tel:480.965.1403> > Email: [email protected]<mailto:[email protected]> > > > ------ Forwarded Message > > > Feed: INFOdocket > Posted on: Sunday, August 07, 2011 9:40 AM > Subject: Conf. Paper: "Public Performance Rights Management in Academic > Libraries" > > This paper will be presented at the World Library and Information Congress > : 77th IFLA General Conference and Assembly on August 17, 2011. Title: > "Public Performance Rights Management in Academic Libraries" Author: Laura > Jenenmann; George Mason University Libraries, Fairfax, VA From the > Abstract: This paper will provide an overview of public performance rights > for using [...] > > View article... > <http://infodocket.com/2011/08/07/conf-paper-public-performance-rights-management-in-academic-libraries/> > > > ------ End of Forwarded Message > > 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]<mailto:[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. > 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.
