Thanks for all your suggestions, and yet, I'm still going back and forth with the filmmaker trying to help her understand all the legalese.
On top of that, now I've got another vendor (vtape.org) who is clueless about PPR and whom I quote, "Public performance is rated on levels of presentation beyond home use. Circulating and using in College and University classrooms is actually a level of public performance rights and requires a rate that reflects this type of purchase." Therefore may I beseech someone to write up an explanation addressed to filmmakers and film distributors that clearly and simply states what PPR, home-use, lending, the TEACH act etc. means in relation to libraries? It would be wonderful to be able to send out a pdf that says it all, rather than spending a whole morning going back and forth over these issues again and again. Thanks in advance, Janice California College of the Arts On Sep 12, 2011, at 1:53 PM, Chris McNevins wrote: > Hi Janice, > > I had a similar experience last year which I posed to VIDEOLIB for guidance. > Here’s the summary: > > [Videolib] FW: Institutional Version of Film Pane Amaro/Bitter Bread > Chris McNevins > Fri, 26 Feb 2010 12:32:05 -0800 (PST) > This is what I sent. > Feel free to use it as a template. > Thanks to Dennis, Jessica, et al. for the words and the encouragement. > I'll keep you posted.... > Chris McN > > ________________________________ > > From: Chris McNevins > Sent: Friday, February 26, 2010 2:23 PM > To: 'Gianfranco Norelli' > Subject: RE: Institutional Version of Film Pane Amaro/Bitter Bread > > > Dear Mr. Norelli, > While I understand that the library does not have the right to publicly screen > this DVD with or without an admission fee, US Copyright Title 17 does allow > for > library and classroom use: > See: http://www.copyright.gov/title17/92chap1.html#110 > > § 110. Limitations on exclusive rights: Exemption of certain performances and > displays43 <http://www.copyright.gov/title17/92chap1.html#1-43> > > Notwithstanding the provisions of section 106, > <http://www.copyright.gov/title17/92chap1.html#106> the following are not > infringements of copyright: > > > (1) performance or display of a work by instructors or pupils in the course of > face-to-face teaching activities of a nonprofit educational institution, in a > classroom or similar place devoted to instruction. > > If and when there is an occasion on campus where this DVD will be shown in a > manner that merits public performance rights the library will make every > effort > to contact you for permission. > > With kind regards, > Chris McNevins > Acquisitions Coordinator > University of Connecticut > Homer Babbidge Library > Collections Services > Acquisitions-Financial Services-Statistics Team > 369 Fairfield Way Unit 2005AM > Storrs, CT 06269-2005 > ph: 860-486-3842 > fax: 860-486-6493 > > > > > From: videolib-boun...@lists.berkeley.edu > [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Ball, James (jmb4aw) > Sent: Monday, September 12, 2011 4:13 PM > To: <videolib@lists.berkeley.edu> > Subject: Re: [Videolib] Best response re libraries and PPR > > Janice, > > The ALA fact sheet seems like a good place to start. You could also direct > them directly to copyright 109. > > On a slightly different but related note, I've noticed in my discussions with > some distributors that for them value is related to use or potential use, > meaning the number of times a video is viewed or may be viewed. Clearly the > mission of most libraries is not aligned with that philosophy. As allowed by > 109, we can buy something once and check it out as many times as patrons want > it. Many distributors feel, however, that if a video is likely to be viewed > many times then we should pay more for it. If we were income-producing > institutions and our missions were to create profits then perhaps, but we are > not income-producing (indeed, most of us are dealing with annual budget cuts) > and our missions are to collect, preserve, and provide access etc. etc. etc... > > But really, it's about 109. > > Cheers, > > Matt > > ______________________________ > Matt Ball > Media and Collections Librarian > University of Virginia > mattb...@virginia.edu > 434-924-3812 > > On Sep 12, 2011, at 2:00 PM, "jwoo" <j...@cca.edu> wrote: > > This filmmaker wants to know why I don't need PPR for videos purchased for my > library (where they are only loaned to individuals, watched in the library by > single viewers, or in on-campus classrooms). Is the ALA Library Fact Sheet 7 > the best explanation for the unenlightened? Thanks - Janice > > Begin forwarded message: > > > From: > Date: September 11, 2011 9:39:37 PM PDT > To: jwoo <j...@cca.edu> > Subject: Re: DVD > > Hi Janice, > My understanding is that Performance Rights are required for an institution > that lends repeatedly. Can you please explain how your library is exempt? > Once I understand, I'd be very open to discussing the Individual rate. > Thank you, > T----- > > On Fri, Sep 9, 2011 at 12:29 PM, jwoo <j...@cca.edu> wrote: > > Dear -----, > > Thank you for your offer, but $150 is too much to pay for a 20-minute DVD. > My library does not need Public Performance Rights, so I would be willing to > purchase it for $50. Let me know if this is possible. > > Thanks, > > Janice Woo, Director of Libraries > California College of the Arts > 5212 Broadway Oakland CA 94618 > 510.594.3660 || libraries.cca.edu > > > > 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.
