Thanks, Vicki, for seeing my perspective. I'd like to take this opportunity to 
make a crucial amendment to what I said, now bolded and underlined: 
Potentially, you could be looking at one copy each for a system of say, 10 
federated libraries, or a really large system of 90 branches. And hopefully, 
the subject matter is compelling enough that it circs more than once or twice. 
That's where collection development and knowledge of the community and its 
library collections' usage is paramount. We want statistics, afterall, 
everyone's bread and butter!


Elizabeth

From: Vicki Nesting <vnes...@bellsouth.net>
>To: videolib@lists.berkeley.edu 
>Sent: Saturday, March 31, 2012 5:38 PM
>Subject: Re: [Videolib] re Your pricing policies
>
>I want to second what Elizabeth is saying.  Not all public libraries do 
>public screenings and if they do, it may be a one time thing, in which 
>case they will request public performance rights.  At least 99% of the 
>dvd use in our medium-sized public library is home use.  And, as 
>Elizabeth points out, we cannot plunk down $100+ for a dvd that's for 
>home use only and may only check out once or twice.  It's just not a 
>reasonable cost for us. 
>
>Vicki Nesting
>St. Charles Parish Library
>Louisiana
>
>
>
>
>elizabeth mcmahon wrote:
>
>> Nahum,
>>  
>> That may very well be true; I cannot speak for all public 
>> libraries/systems. That's also not to say just because there is a 
>> public meeting room or even an auditorium that it is used for 
>> screenings also. Many libraries do not bother with film programming, 
>> regrettably. But there is a big difference between a public library 
>> doing public programming (for which titles would necessarily need 
>> PPR) and patrons browsing open stacks (and still in this day and age, 
>> browsing cards that represent titles kept in closed stacks for 
>> security reasons) and picking up a few things to take home to 
>> watch. That is what is termed home use only and strictly copyright 
>> protected. Public libraries cannot plunk down $100+ for a dvd that's 
>> home use only. Won't/cannot happen. Thus the price adjustment 
>> downwards by an increasing amount of distributors. Potentially, you 
>> could be looking at one copy for a system of say, 10 federated 
>> libraries, or a really large system of 90 branches. Obviously there's 
>> a profit margin in there, if you are open to it. Of course libraries 
>> that plan on public screenings either need one time only permission 
>> depending on what the film/dvd is or more often merely will purchase a 
>> copy with PPR for the permanent collection. My question was aimed at 
>> what you are doing to get your titles exposed to a greater audience. 
>>  
>> Elizabeth McMahon
>>
>>    From: nahum laufer <lauf...@netvision.net.il>
>>    To: 'elizabeth mcmahon' <elizmcma...@yahoo.com>;
>>    videolib@lists.berkeley.edu
>>    Sent: Saturday, March 31, 2012 1:40 PM
>>    Subject: RE: [Videolib] re Your pricing policies
>>
>>    Hi Elizabeth
>>    Thanks for your remarks.
>>    Of course I distribute to Public libraries, but to best of my
>>    knowledge most libraries today have a  screening room, nearly all
>>    also have film series/clubs, so no point in licensing only for
>>    "lending only", yet when a small community library applied to me I
>>    gave a discount.
>>    Also a big county library with 20 branches wants say 10 copies one
>>    for each branch also will receive a discount.
>>    Please let me know in which library you serve.
>>    Best
>>    Nahum Laufer
>>    Sales
>>    Docs for Education
>>    Erez Laufer Films
>>    Holland st 10
>>    Afulla 18371
>>    Israel
>>      
>>      
>>    From: videolib-boun...@lists.berkeley.edu
>>    [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of
>>    elizabeth mcmahon
>>    Sent: Monday, March 26, 2012 9:27 PM
>>    To: videolib@lists.berkeley.edu
>>    Subject: Re: [Videolib] re Your pricing policies
>>      
>>    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
>>        <mailto:ghand...@library.berkeley.edu>"
>>        <ghand...@library.berkeley.edu
>>        <mailto:ghand...@library.berkeley.edu>>
>>        To: videolib@lists.berkeley.edu
>>        <mailto: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>
>>        [mailto:m...@library.berkeley.edu
>>        <mailto:m...@library.berkeley.edu>]
>>> Sent: Monday, March 26, 2012 6:05 PM
>>> To: lauf...@netvision.net.il <mailto:lauf...@netvision.net.il>
>>> Cc: videolib@lists.berkeley.edu
>>        <mailto: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
>>        <mailto: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/>
>>>> <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 <mailto: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
>>        <mailto: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.
>>  
>>
>
>
>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.

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