Dennis, Jessica and Judith - Thank you for your thoughtful comments on the overlapping topics of PPR/1st sale/Sec. 108.
I am hoping to explore these issues further in the future. Regards, Laura Laura Jenemann Film Studies/Media Services Librarian Johnson Center Library George Mason University On 2/19/2013 10:24 AM, Shoaf,Judith P wrote: > Cf. the law: > > § 110 · Limitations on exclusive rights: Exemption of certain > performances and displays Notwithstanding the provisions of section > 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, > unless, in the case of a motion picture or other audiovisual work, > the performance, or the display of individual images, is given by > means of a copy that was not lawfully made under this title, and that > the person responsible for the performance knew or had reason to > believe was not lawfully made; > > I do not have answers for many of Laura's questions, but here are > comments on a few: > > 1) Distributors may interpret face-to-face instruction differently > from how libraries interpret this. For example: "screening a regular > consumer DVD in a classroom is a violation of copyright law, as > stated by the Warning Screen that appears before the movie." (See > http://johnsaylesblog.com/amigo-dvd-release/) YES. Distributors who > are more wise may ask librarians to sign a contract waiving, and then > repurchasing, the right specified above. Also, librarians and > educators may feel that not all the provisions listed above are > necessary to make a film screening educational, while distributors > quite justifiably feel that these restrictions must be observed. 2) > Moving image distributors may interpret right of first sale > differently than librarians. Much depends on the decision in > Kirtsaeng vs. Wiley (in which the meaning of "lawfully made under > this title" could be interpreted to mean "lawfully made in the USA," > handing over control of any item susceptible of a copyrighted element > to the manufacturer if the item is made abroad), decision pending in > the Supreme Court. But the movement towards online access is a > movement towards eliminating the object over which the purchaser has > these rights. > > 3) Are libraries and librarians in face-to-face instruction scenarios > purchasing copyrights they already have at a cost of thousands of > dollars? YES, if a legal copy is available at a smaller price. > > 4) Is it possible that libraries are unnecessarily giving back their > Amazon documentaries and re-purchasing at higher costs when they > receive letters like Mary's? YES. As Jessica pointed out, a copy > purchased on Amazon is a legal copy ("lawfully made") for classroom > purposes. The only way a distributor can charge an institutional > price is by making that the only means of purchasing the video (i.e. > no individual is likely to be able to afford a copy). On the other > hand, if the institutional price includes extra rights (e.g. to show > the film for free to the general public or student body), then the > library may feel that the price is worth it. > > Judy Shoaf > > > > 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.