They way I am reading that quote, they are basically justifying the cost on what I would call contract not copyright law grounds. I am going to assume none of their titles are available through your standard retailers. I don't think explaining "face to face" etc. to them would do any good. The first person seemed to honestly think there was a law somehow requiring libraries to purchase PPR rights, this one seems to just be explaining why they charge you more. Again if a company completely controls the distribution of a title they can pretty much charge what they want to who they want, but it is frustrating when they try to dress it up using PPR which is of course not actually needed or involved in 99% of the cases.
Jessica On Thu, Sep 15, 2011 at 5:41 PM, jwoo <[email protected]> wrote: > 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: [email protected] [mailto:[email protected]] On > Behalf Of Ball, James (jmb4aw) > Sent: Monday, September 12, 2011 4:13 PM > To: <[email protected]> > 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 > [email protected] > 434-924-3812 > > On Sep 12, 2011, at 2:00 PM, "jwoo" <[email protected]> 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 <[email protected]> > 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 <[email protected]> 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. > > -- 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.
