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.
