Date: Thu, 15 May 2014 16:38:32 +0000
To: "acqnet-l_at_lists.ibiblio.org" <acqnet-l_at_lists.ibiblio.org>
There was an excellent article in Library Journal recently that addressed this issue: http://lj.libraryjournal.com/2014/01/opinion/backtalk/what-rights-come-with-that-movie-backtalk/. Maurine McCourry Technical Services Librarian Hillsdale College, Mossey Library mmccourry_at_hillsdale.edu From: ACQNET-L [mailto:acqnet-l-bounces_at_lists.ibiblio.org] On Behalf Of acqnet-l_at_lists.ibiblio.org Sent: Tuesday, May 13, 2014 10:04 AM To: acqnet-l_at_lists.ibiblio.org Subject: Re: [ACQNET-L] Public Performance rights question What drives me nuts is when a producer or video distributor refuses to sell me what they are calling a home-use copy because I am an institution. They set tiered pricing which automatically comes with a performance license that I rarely want (and when I want it, I buy it). Then they make up laws or interpret laws in ways that are completely incorrect, but someone who didn't know better would certainly believe them, as they sound quite confident. For example, I had one producer (wrongly) tell me the following: (NOTE THIS IS NOT TRUE SO DON'T QUOTE OUT OF CONTEXT) : "Legally, if the film is to be used for library or classroom use, you are required to purchase an Institutional DVD of the film. Along with the DVD, this includes a Limited Public Performance License that grants you the ability to screen the film for classes and other university events. "If the film will be placed into circulation at the library, an Institutional DVD must be purchased. Fair Use and Section 110(1) do have certain educational exemptions, but I believe that the film does not fall within any of those exemptions. If you can clarify the use of the DVD for the University further, I would appreciate your input. I am not trying to hassle you or the college, I simply want to make sure the film, which is copyrighted, will be properly used within the limits of the law." I explained the differences between personal use, in-class use and public performance and sent him the URL for the ALA Factsheet and only then would he sell me the copy I requested. However, a different company wasn't swayed by my objections and simply refused to sell to me. Their loss! Karen Gelles Greenley Library Farmingdale State College From: ACQNET-L [mailto:acqnet-l-bounces_at_lists.ibiblio.org] On Behalf Of acqnet-l_at_lists.ibiblio.org<mailto:acqnet-l_at_lists.ibiblio.org> Sent: Monday, May 12, 2014 5:42 PM To: 'acqnet-l_at_lists.ibiblio.org' Subject: Re: [ACQNET-L] Public Performance rights question Thank you to those who responded. This is exactly what I was looking for and the assurance that I needed to proceed with the project. The hive mind does it again! :) Leah Liebergen Cofrin Library UW-Green Bay 2420 Nicolet Dr. Green Bay, WI 54311 (920) 465-2382 www.uwgb.edu/library<http://www.uwgb.edu/library> From: ACQNET-L [mailto:acqnet-l-bounces_at_lists.ibiblio.org] On Behalf Of acqnet-l_at_lists.ibiblio.org<mailto:acqnet-l_at_lists.ibiblio.org> Sent: Monday, May 12, 2014 3:53 PM To: 'acqnet-l_at_lists.ibiblio.org' Subject: Re: [ACQNET-L] Public Performance rights question ALA has a decent factsheet on this: http://www.ala.org/tools/libfactsheets/alalibraryfactsheet07. Buddy Pennington Director of Collections and Access Management University of Missouri--Kansas City 308 Miller Nichols Library 800 East 51st St. Kansas City, MO 64110-2499 penningtonb_at_umkc.edu<mailto:penningtonb_at_umkc.edu> 816-235-1548 816-333-5584 (fax) [ULIB_2C_web_200px]<http://library.umkc.edu/> From: ACQNET-L [mailto:acqnet-l-bounces_at_lists.ibiblio.org] On Behalf Of acqnet-l_at_lists.ibiblio.org<mailto:acqnet-l_at_lists.ibiblio.org> Sent: Monday, May 12, 2014 1:12 PM To: 'acqnet-l_at_lists.ibiblio.org' Subject: [ACQNET-L] Public Performance rights question Hello- We are currently in the process of replacing a large number of VHS tapes with DVDs. In cases where I am ordering the DVD from the filmmaker or the copyright holder, they have been including Public Performance license information with the DVDs. However, for the DVDs that I have purchased from Amazon, they do not include that license information since they aren't the copyright holder. On a couple of the DVD cases I have noticed the statement "For sale or rental for private home use in the USA or Canada only. Federal law provides severe civil and criminal penalties for the unauthorized reproduction, distribution or exhibition of copyrighted motion pictures, videotapes or videodiscs." There was no statement on Amazon that these were "Home Use Only" DVDs and I am unable to find other sources for them. Since we will only be using them for educational purposes, in classrooms, are we covered under Fair Use Doctrine? Or do I need to search out these copyright holders and get their permissions? Have any of you run into this before? How did you handle it? Thanks in advance for any light you can shed on this... Leah Liebergen Cofrin Library UW-Green Bay 2420 Nicolet Dr. Green Bay, WI 54311 (920) 465-2382 www.uwgb.edu/library<http://www.uwgb.edu/library> _______________________________________________ ACQNET-L mailing list ACQNET-L_at_lists.ibiblio.org http://lists.ibiblio.org/mailman/listinfo/acqnet-l
