Re: [Videolib] What is your take?
Right on, Gary. It would be so great if every distributor read and understood your description of the situation. On Jan 13, 2010, at 2:12 PM, ghand...@library.berkeley.edu wrote: The copyright law provides an exemption for use of copyrighted videos in face-to-face classroom teaching. In theory, if all you are doing is showing videos in this context, you don't need public performance rights or other copyright clearance. Some distributors choose to establish tiered pricing: for eg, a home video/individual price and an institutional price. If the distributor is the sole source for purchasing the DVD, the institution is stuck: the purchase of the work represents a commercial contract which specifies conditions of purchase and use. If, however, the distributor of the film chooses to sell both at institutional prices and, elsewhere (amazon, etc.) as home video, and IF the only use of the DVD will be for face-to-face instruction, there is absolutely no reason for the institution NOT to buy the cheaper version. Fair use doesn't enter into this at all or in any way. Gary Handman Hi, Merle - Speaking on behalf of New Day Films and probably every filmmaker who sells to the academic market, the reason we price our films as we do is specifically FOR classroom use. Home viewing or personal use means you watch a film privately, while academic pricing is intended to accommodate years of use by potentially hundreds of students. ³Fair use² doesn¹t come into play here because the seller specifically states what rights are for sale through each purchase. And it is the seller, not the purchaser, who determines what rights are for sale. Best wishes, Jeff Tamblyn Unconditional Films, LLC 913 362 6533 www.kansasvdarwin.com 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. 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] What is your take?
Hi Jeff I'm afraid that your note is a bit confusing. This might be what you mean: The copyright law provides an exemption for use of copyrighted videos in face-to-face classroom teaching. In theory, if all you are doing is showing videos in this context, you don't need public performance rights or other copyright clearance. Some distributors choose to establish tiered pricing: for eg, a home video/individual price and an institutional price. If the distributor is the sole source for purchasing the DVD, the institution is stuck: the purchase of the work represents a commercial contract which specifies conditions of purchase and use. If, however, the distributor of the film chooses to sell both at institutional prices and, elsewhere (amazon, etc.) as home video, and IF the only use of the DVD will be for face-to-face instruction, there is absolutely no reason for the institution NOT to buy the cheaper version. Fair use doesn't enter into this at all or in any way. Gary Handman > Hi, Merle - > > Speaking on behalf of New Day Films and probably every filmmaker who sells > to the academic market, the reason we price our films as we do is > specifically FOR classroom use. Home viewing or personal use means you > watch > a film privately, while academic pricing is intended to accommodate years > of > use by potentially hundreds of students. ��Fair use�� doesn��t come into > play > here because the seller specifically states what rights are for sale > through > each purchase. And it is the seller, not the purchaser, who determines > what > rights are for sale. > > Best wishes, > > Jeff Tamblyn > Unconditional Films, LLC > 913 362 6533 > www.kansasvdarwin.com > > > 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.
[Videolib] What is your take?
Hi, Merle - Speaking on behalf of New Day Films and probably every filmmaker who sells to the academic market, the reason we price our films as we do is specifically FOR classroom use. Home viewing or personal use means you watch a film privately, while academic pricing is intended to accommodate years of use by potentially hundreds of students. ³Fair use² doesn¹t come into play here because the seller specifically states what rights are for sale through each purchase. And it is the seller, not the purchaser, who determines what rights are for sale. Best wishes, Jeff Tamblyn Unconditional Films, LLC 913 362 6533 www.kansasvdarwin.com 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] What is your take?
Hate to bring up this topic yet again, but... I want to buy Taking the Heat. Their web page states: Personal DVD Sales: Use of personal DVDs of this film for instructional, demonstrational and any other commercial or institutional purposes is STRICTLY FORBIDDEN. The upper case is their upper case. This dvd will be used in the classroom and is certainly fair use. What do you think? What version do I buy? Personal from the producers or Educational/Institutional from New Day films? Merle *** Merle J. Slyhoff V: 215-898-9013 Collection Development & F: 215-898-6619 Resource Sharing LibrarianE: mslyh...@law.upenn.edu Biddle Law Library University of Pennsylvania 3460 Chestnut Street Philadelphia, PA 19104-3406 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.
