[Videolib] Your pricing policies

2012-03-26 Thread mrc
Hello

Thanks for this link; your catalog has some interesting-sounding stuff in
it.  I have some fairly serious concerns about the wording of your pricing
policy, however.

US copyright law allows the screening of whole films/videos in
face-to-face classroom teaching, REGARDLESS of the size of the class. 
Your pricing schedule wording ignores this fact.  I understand the
differential pricing for public performance rights, but your wording for
the $175 library lending rights is misleading and not legally
supportable, unless you consider this a contract stipulation, in which
case I'd strongly urge my library colleagues not to do business with your
firm.

Let me know if you have questions, or if there are clarifications I should
know about.

Gary Handman



$175 for library lending rights. Includes screenings rights in classrooms
(up to 50 students).

$250 library lending rights and public performance rights for screening
when no admission fee is charged.


(subject)  Comments and Suggestion Form
 (from-name)  Library Web user
 (from-email)  someb...@library.berkeley.edu
 (urlRef)  http://www.lib.berkeley.edu/MRC/vrtlists.html
 (comments)
 ---
 Dear Gary
 I have written before to you about our project
 Docs for Education
 I am waiting that Berekeley Library will join other prestigius
 universities and purchase our films
 See www.docsforeducation.com

 I want to have our film list on your video listing.
  thanks
 Nahum Laufer
 Docs for Education
 lauf...@netvision.net.il

 ---





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.


Re: [Videolib] re Your pricing policies

2012-03-26 Thread ghandman
Thanks

There's still a problem, I'm afraid.  Screening films/videos in a
classroom in the service of regular curricula does not require separate
rights in this country.  The copyright laws of the US have a specific
provision for allowing such use in face-to-face teaching.

It would be more accurate (and honest) to simply charge two prices:

One for use in classrooms and libraries, and one for public performance.

As to your question:  An opening screening (i.e. an extra-curricular
screening) generally requires performance rights, even if a professor
gives a spiel before the show, and even if no admittance fees are charged.

Berkeley would be interested in joining your growing customer base, but
not with the terms currently stated on your web site.

Shalom,

Gary




 Dear Gary
 Thanks for your answer and remarks.
 We knew about the rules of face to face screening in classrooms regardless
 of size
 We will remove the words (up to 50 students) from our pricing  invoices.
 Anyway I am not around to count.
 I hope that will solve the legal problem
 Most university libraries purchased classroom screening rights, yet some
 preferred to buy also Public screening rights.

 Yet I have a question many universities have a film series open to all
 students  faculty and if a professor gives a short explanation before the
 screening is that a face to face screening?

 I hope Berkeley will join our growing list of customers

 Shalom (Peace)

 Nahum Laufer
 Sales
 Docs for Education
 Erez Laufer Films
 Holland st 10
 Afulla 18371
 Israel




 -

 Original Message-
 From: m...@library.berkeley.edu [mailto:m...@library.berkeley.edu]
 Sent: Monday, March 26, 2012 6:05 PM
 To: lauf...@netvision.net.il
 Cc: videolib@lists.berkeley.edu
 Subject: Your pricing policies

 Hello

 Thanks for this link; your catalog has some interesting-sounding stuff in
 it.  I have some fairly serious concerns about the wording of your pricing
 policy, however.

 US copyright law allows the screening of whole films/videos in
 face-to-face classroom teaching, REGARDLESS of the size of the class.
 Your pricing schedule wording ignores this fact.  I understand the
 differential pricing for public performance rights, but your wording for
 the $175 library lending rights is misleading and not legally
 supportable, unless you consider this a contract stipulation, in which
 case I'd strongly urge my library colleagues not to do business with your
 firm.

 Let me know if you have questions, or if there are clarifications I should
 know about.

 Gary Handman



 $175 for library lending rights. Includes screenings rights in classrooms
 (up to 50 students).

 $250 library lending rights and public performance rights for screening
 when no admission fee is charged.


 (subject)  Comments and Suggestion Form
 (from-name)  Library Web user
 (from-email)  someb...@library.berkeley.edu
 (urlRef)  http://www.lib.berkeley.edu/MRC/vrtlists.html
 (comments)
 --
 -
 Dear Gary
 I have written before to you about our project Docs for Education I am
 waiting that Berekeley Library will join other prestigius universities
 and purchase our films See www.docsforeducation.com
 http://www.docsforeducation.com/

 I want to have our film list on your video listing.
  thanks
 Nahum Laufer
 Docs for Education
 lauf...@netvision.net.il

 --
 -





 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.



Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley

510-643-8566
ghand...@library.berkeley.edu
http://www.lib.berkeley.edu/MRC

I have always preferred the reflection of life to life itself.
--Francois Truffaut


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.


Re: [Videolib] re Your pricing policies

2012-03-26 Thread Jessica Rosner
Nahum,
Just to make it very clear, any legal copy of a film may be used in a
class however unless you are
selling your films in the retail market it is sort of irrelevant. You
just price the film at X and X plus Y if you want to charge more for
public performance rights. If you are the only source for the film you
are free to charge whatever you think is fair and institutions are
free to buy or not buy it at that price. The sore spot here is the
idea that somehow academic institutions or libraries have to pay more
than say copies sold on Amazon. You can sell to individuals directly
at a lower price but unless you want a lot of paperwork and require a
signed contract that copy can be used in a class.

As for the 2nd part, there is NO right to show a film to an audience
on or off a campus without specific permission from a rights holder (
such as PPR rights). Here is the important part of US
copyright law which outlines that films may be used in course
instruction but may not be used for any screenings outside of a class
to a group of specifically enrolled students.

http://www.law.cornell.edu/uscode/text/17/110

On Mon, Mar 26, 2012 at 3:08 PM,  ghand...@library.berkeley.edu wrote:
 Thanks

 There's still a problem, I'm afraid.  Screening films/videos in a
 classroom in the service of regular curricula does not require separate
 rights in this country.  The copyright laws of the US have a specific
 provision for allowing such use in face-to-face teaching.

 It would be more accurate (and honest) to simply charge two prices:

 One for use in classrooms and libraries, and one for public performance.

 As to your question:  An opening screening (i.e. an extra-curricular
 screening) generally requires performance rights, even if a professor
 gives a spiel before the show, and even if no admittance fees are charged.

 Berkeley would be interested in joining your growing customer base, but
 not with the terms currently stated on your web site.

 Shalom,

 Gary




 Dear Gary
 Thanks for your answer and remarks.
 We knew about the rules of face to face screening in classrooms regardless
 of size
 We will remove the words (up to 50 students) from our pricing  invoices.
 Anyway I am not around to count.
 I hope that will solve the legal problem
 Most university libraries purchased classroom screening rights, yet some
 preferred to buy also Public screening rights.

 Yet I have a question many universities have a film series open to all
 students  faculty and if a professor gives a short explanation before the
 screening is that a face to face screening?

 I hope Berkeley will join our growing list of customers

 Shalom (Peace)

 Nahum Laufer
 Sales
 Docs for Education
 Erez Laufer Films
 Holland st 10
 Afulla 18371
 Israel




 -

 Original Message-
 From: m...@library.berkeley.edu [mailto:m...@library.berkeley.edu]
 Sent: Monday, March 26, 2012 6:05 PM
 To: lauf...@netvision.net.il
 Cc: videolib@lists.berkeley.edu
 Subject: Your pricing policies

 Hello

 Thanks for this link; your catalog has some interesting-sounding stuff in
 it.  I have some fairly serious concerns about the wording of your pricing
 policy, however.

 US copyright law allows the screening of whole films/videos in
 face-to-face classroom teaching, REGARDLESS of the size of the class.
 Your pricing schedule wording ignores this fact.  I understand the
 differential pricing for public performance rights, but your wording for
 the $175 library lending rights is misleading and not legally
 supportable, unless you consider this a contract stipulation, in which
 case I'd strongly urge my library colleagues not to do business with your
 firm.

 Let me know if you have questions, or if there are clarifications I should
 know about.

 Gary Handman



 $175 for library lending rights. Includes screenings rights in classrooms
 (up to 50 students).

 $250 library lending rights and public performance rights for screening
 when no admission fee is charged.


 (subject)  Comments and Suggestion Form
 (from-name)  Library Web user
 (from-email)  someb...@library.berkeley.edu
 (urlRef)  http://www.lib.berkeley.edu/MRC/vrtlists.html
 (comments)
 --
 -
 Dear Gary
 I have written before to you about our project Docs for Education I am
 waiting that Berekeley Library will join other prestigius universities
 and purchase our films See www.docsforeducation.com
 http://www.docsforeducation.com/

 I want to have our film list on your video listing.
  thanks
 Nahum Laufer
 Docs for Education
 lauf...@netvision.net.il

 --
 -





 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 

Re: [Videolib] re Your pricing policies

2012-03-26 Thread elizabeth mcmahon
From a public library standpoint, would not library lending rights be 
analogous to the accepted term home use only? Or does you company not sell, or 
seek to sell, to public libraries? $175 is prohibitive at best, and is more in 
line for a title with the cost for PPR. Are you not interested in selling 
freely circulating copies that can be borrowed by the public to enjoy in the 
confines of their own home? More and more top drawer distributors recognize 
they are missing out on considerable sales by not doing so, and therefore, 
changing their pricing models.


Elizabeth McMahon

 
From: ghand...@library.berkeley.edu ghand...@library.berkeley.edu
To: videolib@lists.berkeley.edu 
Sent: Monday, March 26, 2012 3:08 PM
Subject: Re: [Videolib] re Your pricing policies

Thanks

There's still a problem, I'm afraid.  Screening films/videos in a
classroom in the service of regular curricula does not require separate
rights in this country.  The copyright laws of the US have a specific
provision for allowing such use in face-to-face teaching.

It would be more accurate (and honest) to simply charge two prices:

One for use in classrooms and libraries, and one for public performance.

As to your question:  An opening screening (i.e. an extra-curricular
screening) generally requires performance rights, even if a professor
gives a spiel before the show, and even if no admittance fees are charged.

Berkeley would be interested in joining your growing customer base, but
not with the terms currently stated on your web site.

Shalom,

Gary




 Dear Gary
 Thanks for your answer and remarks.
 We knew about the rules of face to face screening in classrooms regardless
 of size
 We will remove the words (up to 50 students) from our pricing  invoices.
 Anyway I am not around to count.
 I hope that will solve the legal problem
 Most university libraries purchased classroom screening rights, yet some
 preferred to buy also Public screening rights.

 Yet I have a question many universities have a film series open to all
 students  faculty and if a professor gives a short explanation before the
 screening is that a face to face screening?

 I hope Berkeley will join our growing list of customers

 Shalom (Peace)

 Nahum Laufer
 Sales
 Docs for Education
 Erez Laufer Films
 Holland st 10
 Afulla 18371
 Israel




 -

 Original Message-
 From: m...@library.berkeley.edu [mailto:m...@library.berkeley.edu]
 Sent: Monday, March 26, 2012 6:05 PM
 To: lauf...@netvision.net.il
 Cc: videolib@lists.berkeley.edu
 Subject: Your pricing policies

 Hello

 Thanks for this link; your catalog has some interesting-sounding stuff in
 it.  I have some fairly serious concerns about the wording of your pricing
 policy, however.

 US copyright law allows the screening of whole films/videos in
 face-to-face classroom teaching, REGARDLESS of the size of the class.
 Your pricing schedule wording ignores this fact.  I understand the
 differential pricing for public performance rights, but your wording for
 the $175 library lending rights is misleading and not legally
 supportable, unless you consider this a contract stipulation, in which
 case I'd strongly urge my library colleagues not to do business with your
 firm.

 Let me know if you have questions, or if there are clarifications I should
 know about.

 Gary Handman



 $175 for library lending rights. Includes screenings rights in classrooms
 (up to 50 students).

 $250 library lending rights and public performance rights for screening
 when no admission fee is charged.


 (subject)  Comments and Suggestion Form
 (from-name)  Library Web user
 (from-email)  someb...@library.berkeley.edu
 (urlRef)  http://www.lib.berkeley.edu/MRC/vrtlists.html
 (comments)
 --
 -
 Dear Gary
 I have written before to you about our project Docs for Education I am
 waiting that Berekeley Library will join other prestigius universities
 and purchase our films See www.docsforeducation.com
 http://www.docsforeducation.com/

 I want to have our film list on your video listing.
  thanks
 Nahum Laufer
 Docs for Education
 lauf...@netvision.net.il

 --
 -





 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.



Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley

510-643-8566
ghand...@library.berkeley.edu
http://www.lib.berkeley.edu/MRC

I have always preferred the reflection of life to life itself.
--Francois Truffaut


VIDEOLIB is intended to