Re: CDL: Public exhibition/performance rights for videos,films, dvds (Response #1)

From: Lynn Sipe <lsipe_at_usc.edu>
Date: Fri, 04 Mar 2005 13:44:08 -0800
To: colldv-l_at_usc.edu
[Original posting on this topic is reproduced below; the response follows it.]

From:  Allan Scherlen <scherlnag_at_appstate.edu>

How do academic libraries manage the exhibition rights of documentary 
videos they purchase which include educational, non-commercial exhibition 
rights in the sale price of the videos? Are these video titles put on a 
list of videos OK to show to the public? Is a note put in the cataloging 
record? Are patrons who ask for documentation to prove the video is 
permissible to exhibit to a group for educational, non-commercial purposes 
given such documentation or told to contact the vendor, or is some other 
procedure followed?

Some background:
Many documentary vendors include educational exhibition rights (beyond the 
classroom) in the price of the documentary video - hence the high retail 
price. This practice of wrapping rights on the front end is more common 
than many librarians realize. Nevertheless, because of strict copyright 
laws governing home videos, many libraries have blanket library policies 
that ask the student or faculty member showing a video publically to be 
responsible themselves for checking with the vendor about permissions to 
exhibit. But this kind of blanket policy can create a vicious circle. Some 
documentary vendors, we hear, are getting frustrated with calls or e-mails 
directly from patron exhibitors and referring them back to their 
library.  They expect the patron exhibitor to be informed about exhibition 
rights by their librarian who purchased the video and they expect libraries 
to keep track of which videos they purchased that are licensed for public 
exhibit.  Since librarians want to be ever so careful not to get in legal 
trouble by OK-ing a video that may not have exhibition rights, managing 
these titles among the many low cost home video titles that do not have 
such rights must be a widespread problem among libraries.  Any ideas on 
good practices?

  Thank you,

Allan Scherlen
Collection Development Librarian for the Social Sciences
Appalachian State University
325 University Drive
PO Box 32026
Boone, NC  28608
828-262-2285
828-262-3001 (fax)
scherlnag_at_appstate.edu
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(1) From: Susan Erickson <susan.erickson_at_vanderbilt.edu>

When I worked in a media department at another library (through 1998), we 
decided to handle this by adding a local note to videos that were purchased 
with public performance rights.  This practice was particularly useful 
because we were part of a consortium that had agreed to circulate videos 
among the institutions.  Because the note displayed in our shared catalog, 
the staff at the other institutions had the information necessary to advise 
their faculty in the use of the videos.  I kept any licensing paperwork on 
file.

Sue Erickson
Bibliographer for Anthropology and Sociology
Reference and Data Services Librarian
Central Library
Vanderbilt University
Nashville, TN  37240
sue.erickson_at_vanderbilt.edu


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Received on Fri Mar 04 2005 - 17:04:49 EST