Re: [Videolib] HELP: Best response re libraries and PPR

[Joyce Johnson]

Below I wrote the response to PPRs.  Upon reflection, I wanted to  
clarify some of the things I wrote and add some more. Yes, we have had  
bad experiences a few years back with our first titles titles and yes,  
they haunt me to this day.   On the other hand  I also know very well  
that there are good distributors that greatly increase the exposure of  
small, important films that might never have seen a good size  
audience.  Librarians and teachers use their catalogues to find out  
about new and diverse films that they may never have known about.    
They have a staff to pay, overhead along with publishing and trade  
show expenses.  However, I do stand by my opinion that 25% -30% is an  
unreasonable cut that filmmakers must accept in order to get this  
needed exposure.   Regardless that is the going rate and this does not  
show any signs of changing for the better.  Also the sub-distribution  
makes the filmmakers earnings insignificant.  These complaints are not  
new.  Tools are now available to filmmakers to distribute their own  
films and distributors should consider that and make their offers more  
appealing.   Independent filmmakers spend years of their lives putting  
a film together with little or no pay in the hopes of having a film  
that will be enjoyed by a large audience and that will allow them to  
make a reasonable living to keep making films.   Independent  
filmmaking and independent film distribution are an important part of  
a healthy democracy as they are the alternative to the corporate owned  
media.  Filmmakers and distributors need to find a middle ground that  
can keep this needed symbiotic relationship healthy.

Joyce
On Sep 15, 2011, at 5:14 PM, Joyce Johnson wrote:

We are marketing our new film and since we are on the other side of  
this issue, I feel bad that people in my business and in  
distribution who don't understand the difference in rights and give  
them the appropriate price especially considering the economy.   I  
think it is crazy to ask $350 for a PPR to a film.   What small  
group or library can pay that?!  We have libraries closing all  
around us and hours being cut down.  But, I guess this doesn't apply  
to school libraries.
We try to keep our prices down to increase our exposure, but there  
are some very greedy distributors out there.  Just so you know  
filmmakers only get 30% of the money when they work with  
distributors and if the distributor is using a sub-distributor who  
gets a hefty discount  then the money is pretty much a joke.  That  
is really pathetic especially if you sign with a distributor that  
just lets your film sit on the shelves collecting dust and doesn't  
promote it properly.  That is why we do it ourselves.  It is a  
slower process but in the end we don't get so mad at the  
distributor.  We keep our prices much lower too.  Keep the faith,  
more and more filmmakers are realizing the scam and are distributing  
their own films.  Thankfully we have the internet and CreateSpace.   
I see a new distribution process in the next 5 years that will make  
it better for everyone except distributors.

Joyce
Producer
Tiroir A Films Productions

On Sep 15, 2011, at 3:41 PM, jwoo 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: 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.

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.