Hello Jessica,

PPR is becoming a larger issue with us, as we are encountering more vendors who 
are using their own definition of PPR.  We have come across vendor websites 
that essentially state that PPR is needed for educational screenings and if 
their videos are purchased without PPR, those videos may be used only for 
private home use.

Has anyone else come across this problem?

Michael S. Phillips
Library Associate I
Monographic Acquisitions Division
Texas A&M University
acqmo...@library.tamu.edu<mailto:acqmo...@library.tamu.edu>
5000 TAMU | College Station, TX 77843-5000
Tel. 979.845.1343 ext. 151 | Fax. 979.845.5310
http://library.tamu.edu



From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner
Sent: Wednesday, August 21, 2013 2:15 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] The Good News about Library Fair Use maybe not so 
good!!!

Nahum (wearing my other hat)
PPR is rarely an issue with libraries. THEY DO NOT NEED IT FOR CLASSROOM use as 
long as it is used in the class itself or shown in a classroom during the 
semester ( does anyone do those extra shows anymore). In the US and legal copy 
may be used in the classroom under the "face to face" teaching exemption. Do 
NOT sell on Amazon if you don't want problems. I worked on films that were 
never listed for individual sale but we got special requests for them via 
email. After vetting the request and asking the individual to confirm it was 
not for classroom or public use we usually but not always agreed to sell them a 
copy for $30.
PPR has nothing to do with classroom use but for public showings  outside of 
classes which honesty are not that common for most educational films and that 
would be a clear violation.
We have actually been discussing streaming which might make your head explode 
if someone did with one of your films,
Honestly the only way to control this is to NOT sell to individuals and only 
sell directly from your site.

On Wed, Aug 21, 2013 at 3:05 PM, nahum laufer 
<lauf...@netvision.net.il<mailto:lauf...@netvision.net.il>> wrote:

Hi all
The discussion on copyright and fair use never ends, why don't you all just
buy the films with PPR in first place than there will be no discussion at
all, no cases no judges & lawyers, just simply buy the rights  that is what
Anthony at UCLA does.  If you buy with PPR then classroom use is covered but
also just a Friday evening film club could screen the film, as a distributer
of the film "One Day After Peace" by producers order  is distributed only as
PPR.
Other films the difference between  University library use to PPR is $50
($200-$250)
I'm not keen on selling to individuals for personal home use, but sometimes
people are keen on a film they heard about or have a personal tie to the
story so I provide the film
The following exchange of mails with a professor emeritus can explain the
problem of selling a private copy (I have rubbed out the identity of the
Prof)
--------------------------------------------------------------
From: nahum laufer 
[mailto:lauf...@netvision.net.il<mailto:lauf...@netvision.net.il>]
Sent: Friday, August 09, 2013 4:59 PM
Dear .............
Thanks for asking the ......University library to order the film, and your
advice.
Yet putting the film on sale at retail outlet is shooting mine own leg.
The following is not complaint but an explanation! According to rules in USA
1)      Any professor or teacher can buy it for $30 and then screen it in
classroom in "Face to Face" situation.
2)      According to the rules of "First Sale" anybody can resale a legally
purchased copy, even to university library!
3)      A library can buy a DVD even if it is stated that the copy is only
for home use, I already had 2 cases that DVDs of "the Darien Dilemma" were
sold by Amazon to university libraries both were sold by people that
received a "Preview", one of the libraries (a very prestigious University)
paid us again when they understood how the copy landed at Amazon. I let go
the second one for it was a copy from a distributer that received a preview.
As many librarians know that there are films that will not be put on the
"home video" market  as "One day."they pay the fee asked for institutions
with PPR (Public Performance Rights). For One Day After Peace it is $300 +$6
=$306
I do sell to private people for $50 + $6 (shipping)=$56 after I get a
promise that it is for private home use.
As I'm sure I can trust you please give me a sure Post address I'll send you
a DVD of "One Day.." And an invoice .
Our Message is Peace, Salaam, Shalom
Cheers

Nahum Laufer
http://onedayafterpeace.com/index.php
http://docsforeducation.com/
Sales
Docs for Education
Erez Laufer Films
Holland st 10
Afulla 18371
Israel


----------------------------------------
Sent: Friday, August 09, 2013 12:29 AM
To: nahum laufer
Subject: Re: One Day After Peace

I will strongly recommend this purchase to the library. I hope that the
library will place an order, but whether it will do so is beyond my control.

 I *do* strongly urge you to sell DVDs to the public, for example via the
National Center for Jewish Film (http://jewishfilm.org/).
 Best wishes,
..........
-------------------------
Dear ...........
Thanks for your interest in our film "One day After Peace".
The fee for DVD for library use & PPR (Public Performance Rights is $300 +
$6 (S&H)= $306 Let your university library give me an OK (order no) and sure
post address I'll send the DVD and Invoice Cheers

Nahum Laufer
http://onedayafterpeace.com/index.php
http://docsforeducation.com/
Sales
Docs for Education
Erez Laufer Films
Holland st 10
Afulla 18371
Israel


-----Original Message-----
Sent: Wednesday, August 07, 2013 4:02 AM
To: lauf...@netvision.net.il<mailto:lauf...@netvision.net.il>
Subject: One Day After Peace

Dear Nahum Laufer,

Having seen the outstanding One Day After Peace at last year's San Francisco
Jewish Film Festival, I've been hoping that it would be distributed
commercially in the U. S. and would eventually come out on DVD (in which
case I would be the first in line to buy it, to show to friends and loved
ones).

I understand that currently you are distributing it to educational
institutions. I just retired as a university professor, and I'm wondering
what the price would be for a U. S. DVD for an educational institution, if I
could arrange for our university library to buy a copy.

Thanks for your reply, and best wishes
 ...............
----------------------------------------------------------------------------
----------------------------------------------------

Today's Topics:

   1. Re: The Good News about Library Fair Use (infographic)
      (Simpkins, Terry W.)


----------------------------------------------------------------------

Message: 1
Date: Wed, 21 Aug 2013 16:59:50 +0000
From: "Simpkins, Terry W." 
<tsimp...@middlebury.edu<mailto:tsimp...@middlebury.edu>>
Subject: Re: [Videolib] The Good News about Library Fair Use
        (infographic)
To: "videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu>" 
<videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu>>
Message-ID:

<c5a00423efac4246a7590e06910c563d5acca...@mountainlion.middlebury.edu<mailto:c5a00423efac4246a7590e06910c563d5acca...@mountainlion.middlebury.edu>>
Content-Type: text/plain; charset="us-ascii"

Hello everyone,
Ms. Rosner's description of the ARL position is, as usual, simplistic and
ultimately erroneous.  ARL does not simply claim that you can stream an
entire film for class purposes without taking any other factors into
account.  Among the other "limitations," in Best Practices parlance, the ARL
authors cite are:

*         "the availability of materials should be coestensive with the
duration of the course or other time-limited use"

*         "only eligible students ... should have access"

*         and, perhaps most importantly, "materials should be made available
only when, and only to the extent that, there is a clear articulable nexus
between the instructor's pedagogical purpose and the kind and amount of
content involved" [the emphasis is mine].
These are not trivial limitations to be dismissed for the purposes of
polemics.  Rather, these are absolutely crucial factors, the absence of any
one of which might lead even the ARL authors (not to mention a judge and
jury) to conclude that a particular use is in fact not fair, but infringing.
Let me repeat this in case the rights holders on the list don't get it: in
order for ARL (and -- since the best practices guidelines are obviously NOT
part of the text of the copyright law -- only ARL, at this point, along with
those who subscribe to their best practices arguments) to suggest that
screening an entire film would be fair use, there would have to be a clear
pedagogical purpose for screening the entire film that is not served by
screening only a portion.  These cases are relatively few and far between,
in my experience with faculty.

Ms. Rosner and others have argued before in this forum that NO use of an
ENTIRE copyrighted work should EVER be considered fair use.  The ARL Best
Practices folks clearly disagree with this assertion.  But they most
certainly do not argue that ANY use of an ENTIRE copyrighted work in an
educational setting is fair, and for Ms. Rosner to keep implying they do is
disingenuous.  Until the courts rule clearly on these issues, the ARL
document suggests that ALL of the criteria above, along with others I
haven't listed, need to be considered before sound judgment regarding fair
use can be exercised.

At Middlebury, we do not make fair use decisions to avoid purchasing things,
to avoid licensing fees, to avoid seeking permission, or to avoid hard work.
We do make fair use decisions when we have few or no options open to us, and
we need to move forward in order to carry out the teaching, learning, and
research imperatives of the institution.  For us, the ARL guidelines are
thoughtful, clear, and articulate, something I can't always say about the
arguments I hear coming from rights holders.

Terry

Terry Simpkins
Director, Research and Collection Services Library & Information Services
Middlebury College, Middlebury, VT 05753
(802) 443-5045<tel:%28802%29%20443-5045>

From: 
videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu>
[mailto:videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu>]
 On Behalf Of Jessica Rosner
Sent: Wednesday, August 21, 2013 11:53 AM
To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu>
Subject: Re: [Videolib] The Good News about Library Fair Use (infographic)

"Because they are developed by practice communities  themselves without
intimidation from hostile outside groups."
Translation "We did not want rights holders and actual copyright lawyers to
interfere with our views"
I believe this document is at least a year old. It does contain the single
most insane notion I have seen re streaming feature films which was the same
one expressed at the ALA conference session I went to.
Basically they claim that you can stream any ENTIRE feature film because
using it in a class is "transformative" from it's original purpose of
"entertainment" This has ZERO basis in law or any previous copyright case
and is actually directly contradicted by many.  At the ALA session when I
asked asked if this were indeed correct did it not also apply to books so
that a library could scan and upload The Great Gatsby,  Catch 22 etc, the
response was "that is an interesting question" which of course was a total
dodge of this absurd theory. This "justifies" making and streaming copies of
ANY work not created exclusively for educational use. Good luck defending
that in court.


On Wed, Aug 21, 2013 at 10:43 AM, Dennis Doros
<milefi...@gmail.com<mailto:milefi...@gmail.com><mailto:milefi...@gmail.com<mailto:milefi...@gmail.com>>>
 wrote:
"Because they are developed by practice communities  themselves without
intimidation from hostile outside groups."

Wow! I didn't realize I was so tough! Next time I meet a librarian, I'll
have to ease up on my hostility. ;-)

Best regards,
Dennis Doros
Milestone Film & Video/Milliarium Zero
PO Box 128 / Harrington Park, NJ 07640
Phone: 201-767-3117<tel:201-767-3117><tel:201-767-3117<tel:201-767-3117>> / 
Fax: 201-767-3035<tel:201-767-3035><tel:201-767-3035<tel:201-767-3035>>
/ Email: 
milefi...@gmail.com<mailto:milefi...@gmail.com><mailto:milefi...@gmail.com<mailto:milefi...@gmail.com>>
Visit our main website!
www.milestonefilms.com<http://www.milestonefilms.com><http://www.milestonefilms.com/>
Visit our new websites!
www.portraitofjason.com<http://www.portraitofjason.com><http://www.portraitofjason.com>,
www.shirleyclarkefilms.com<http://www.shirleyclarkefilms.com><http://www.shirleyclarkefilms.com/>,
Support "Milestone Film" on
Facebook<http://www.facebook.com/pages/Milestone-Film/22348485426> and
Twitter<https://twitter.com/#!/MilestoneFilms>!

See the website: Association of Moving Image
Archivists<http://www.amianet.org/> and like them on
Facebook<http://www.facebook.com/pages/Association-of-Moving-Image-Archivist
s/86854559717>
AMIA 2013 Conference, Richmond, Virginia, November
5-9!<http://www.amianet.org/>

On Wed, Aug 21, 2013 at 9:46 AM, Pia Hunter
<huntr...@uic.edu<mailto:huntr...@uic.edu><mailto:huntr...@uic.edu<mailto:huntr...@uic.edu>>>
 wrote:
Greetings,

The ARL has created a great new resource to promote fair use and the Code of
Best Practices. The full PDF is available at:
http://www.arl.org/publications-resources/2875

There are three versions available: a full-size PDF, an 8.5" x 11"  letter
sized PDF for printing, and a PNG file for blogs and website.
Please spread the word!
--
Pia M. Hunter
Reserve/Media and Microforms | University Library (M/C 234) University of
Illinois at Chicago
801 South Morgan Street, Suite 1-250 LIB | Chicago, Illinois  60607

reserve submissions: 
lib-...@uic.edu<mailto:lib-...@uic.edu><mailto:lib-...@uic.edu<mailto:lib-...@uic.edu>>
 | copyright
inquiries: 
copyri...@uic.edu<mailto:copyri...@uic.edu><mailto:copyri...@uic.edu<mailto:copyri...@uic.edu>>
phone: 312-996-2719<tel:312-996-2719><tel:312-996-2719<tel:312-996-2719>> | 
fax: 312.996.0901<tel:312.996.0901><tel:312.996.0901<tel:312.996.0901>>

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.

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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.

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