I agree with Dee that if the terms of the license state that the video can only be used within a certain territory(s), then selling to a student outside the territory would be a violation. But a majority of Film Ideas' licenses to universities are for current students and staff. So if a student does not live on campus, or the country, that does not violate our agreement with the university. Then you have to ask if Film Ideas is violating its agreement with the producer that has only granted us rights to sell to the US market. I would argue no if we are selling to a US entity. Revenue was generated within the licensed territory. Some usage outside the US does not violate the spirit of the agreement in my opinion. Life gets a little more complicated if the University has foreign branches.
Robert A. Norris Managing Director Film Ideas, Inc. Phone: (847) 419-0255 Email: [email protected] Web: www.filmideas.com On Nov 14, 2013, at 11:12 AM, [email protected] wrote: > > 1. Re: videolib Digest, Vol 72, Issue 19 (Dee Powell) > 2. Re: [collib-l] Remote Access to Library Resources for > Emeritus Faculty (Jessica Rosner) > > From: "Dee Powell" <[email protected]> > Date: November 14, 2013 7:05:53 AM CST > To: <[email protected]> > Subject: Re: [Videolib] videolib Digest, Vol 72, Issue 19 > Reply-To: [email protected] > > > I would say that it would be the responsibility of the person/company setting > up the online distance course in the first place, to ensure they have the > rights to include whatever film/clips they require to be included. It would > be at that point the decision is made. For example, we've licensed clips for > online courses to a companies in perpetuity but restricted to certain > territories. If the course is sold outside these territories, the company > would be in breach of contract. > > That would be my take on the question - what do others think? > > > > Dee Powell > Global Acquisitions Manager > CLASSROOM VIDEO > THE CRESCENT CENTRE > TEMPLE BACK > BRISTOL > BS1 6EZ > > > > ---------------------------------------------------------------------- > > Message: 1 > Date: Thu, 14 Nov 2013 12:32:25 +0100 > From: Marta Sanchez <[email protected]> > Subject: Re: [Videolib] [collib-l] Remote Access to Library Resources > for Emeritus Faculty > To: [email protected] > Cc: [email protected], [email protected] > Message-ID: <[email protected]> > Content-Type: text/plain; charset="us-ascii" > > Questions of great interest. And what happens with paid distant learning? If > a film is part of an online degree, can someone watch if from, let's say, in > China? This is a violation of territorial copyright. I am interested in > knowing what libraries and distributors think about this or in any policy is > in its way.... > > marta sanchez > director > > pragda llc > 302 bedford ave. #136 > brooklyn, ny 11249 > > > From: Jessica Rosner <[email protected]> > Date: November 14, 2013 10:27:30 AM CST > To: [email protected] > Subject: Re: [Videolib] [collib-l] Remote Access to Library Resources for > Emeritus Faculty > Reply-To: [email protected] > > > Issues of access to streaming should be covered by licenses agreed to by both > sides. I have been advising filmmakers/ rights holders to restrict streaming > to currently enrolled students & active faculty and staff. > > Marta's question about access outside the US is one I have been thinking > about. Since rights are often determined by territory I will advise > filmmakers to put something in the contract resting rights to purchasers > country. This may be an issue for some institutions and will have to be > negotiated but again many American distributors do not hold any rights > outside the US ( sometimes but not always Canada). It is clearly important > that these issues be spelled out in a licensing agreement. > > >
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.
