All, Just want to clarify something about 110(1) in Dennis’ description. The criteria in 110(1) are not quite as rigid/explicit as Dennis notes. It does not say anything about a registered class, but that it must be “in the course of the face to face teaching activities of a non-profit educational institution.” One could certainly understand the “teaching activities of a non-profit educational institution” as being broader than just teaching activities within registered classes (e.g., as part of co- and extracurricular learning - workshops, seminars, study sessions, etc.) but still in a “classroom or similar place devoted to instruction.” It also says nothing about the instructor being present. Just that the performance or display may be by instructors or pupils and be face to face. In today’s active and peer learning environments, one could imagine a scenario where the pupil and instructor roles are more blurred.
I’m not advocating splitting hairs in the law to try to justify recreational screenings on campuses, but I do think it is important not to conflate the criteria from 110(1) and 110(2) (which is much more narrow). mb Here is the full text of the law: Notwithstanding the provisions of section 106, the following are not infringements of copyright: (1) performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction, unless, in the case of a motion picture or other audiovisual work, the performance, or the display of individual images, is given by means of a copy that was not lawfully made under this title, and that the person responsible for the performance knew or had reason to believe was not lawfully made; Michael Brewer | Librarian | Head, Research & Learning | (520) 307-2771 | brew...@email.arizona.edu<mailto:brew...@email.arizona.edu> From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Dennis Doros Sent: Thursday, September 15, 2016 10:41 AM To: Video Library questions <videolib@lists.berkeley.edu> Subject: Re: [Videolib] License Restriction? We sell a lot through Amazon and it's amazing how many schools prefer that method because they either they can buy all in one place (most likely) or they are afraid a company won't sell them at home rates if they buy directly. (I suspect there's some of this.) As lovers of libraries, media centers and education, we don't care where you buy from. (Though if someone buys directly from us and the disc is scratched later or doesn't work, we tend to replace it for free. Not so if they buy elsewhere because we never know who the seller is.) What we have done when a college or institution purchases from us at the home video price we add a note: This purchase is for home use only. Classroom use in the US is permitted as per US Copyright Law 110(1): registered class of a non-profit educational institution; not open to anyone outside the class; single class face-to-face with teacher present. Any other use including streaming or public performance is not permitted unless Institutional Rights are licensed from Milestone. No broadcast use is permitted under any circumstance. For further institutional rights, please see our Terms of Service on the Milestone website at http://milestonefilms.com/pages/ordering We feel it's fair to have the buyer understand their rights while protecting ours. Any thoughts on this? Best regards, Dennis Doros Milestone Film & Video PO Box 128 / Harrington Park, NJ 07640 Phone: 201-767-3117 / Fax: 201-767-3035 / Email: milefi...@gmail.com<mailto:milefi...@gmail.com> www.milestone.film<http://www.milestone.film> JOIN OUR MAILING LIST TODAY!<http://milestonefilms.us3.list-manage1.com/subscribe/post?u=4a0b9e434a9f3e8603c29806e&id=f30d1906e2> Support us on Facebook<http://www.facebook.com/pages/Milestone-Film/22348485426> and Twitter<https://twitter.com/#!/MilestoneFilms>! On Thu, Sep 15, 2016 at 12:37 PM, Susan Albrecht <albre...@wabash.edu<mailto:albre...@wabash.edu>> wrote: I mean no disrespect, but I’m not sure this is actually a legitimate way of restricting usage. There ARE companies who list tiered pricing – including a home use option – on their websites. IF they are the exclusive distributor for the film, then the purchaser understands the options are restricted and s/he will need to decide whether to proceed with the purchase or not at the institutional price. However, once a company elects to use a secondary source - such as Amazon, B&N or Midwest - to sell the home use version, however, then frankly there IS a home use edition out there that libraries can legitimately purchase. Library purchases, when no prior legal restrictions are arranged, DO legally allow for circulation, and the face-to-face teaching exemption allows for instructors to screen the film to their classes. That’s just the way it works. So, if a company really doesn’t want libraries to purchase home use, then it seems to me the company must “force” the secondary company to state the usage restriction prior to sale OR the company needs to retain sole rights to distribute home use DVD so that it can specify a refusal to sell home use to an institutional purchaser. There are those on the list (hi, Anthony!) who always try to purchase an institutional edition, even when home use is available and a legal option, and I say more power to those folks who are committed to that and whose budgets allow for it. For others of us who know that usage will be standard solo checkout or in-class use, and we see a home use copy available for purchase without restriction, we may well elect to go that route. Susan Albrecht Graduate Fellowship Advisor Library Media Acquisitions Manager Wabash College Lilly Library 765-361-6216<tel:765-361-6216> (acquisitions) / 765-361-6297<tel:765-361-6297> (fellowships) 765-361-6295<tel:765-361-6295> fax albre...@wabash.edu<mailto:albre...@wabash.edu> Twitter: @Wab_Fellowships www.facebook.com/wabashcollegelibrary.films<http://www.facebook.com/wabashcollegelibrary.films> ******************************************************************* "If you choose not to decide, you still have made a choice." --Neil Peart ******************************************************************* From: videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu> [mailto:videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu>] On Behalf Of Re:Voir video Sent: Thursday, September 15, 2016 12:24 PM To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu> Subject: Re: [Videolib] License Restriction? We sell our DVDs on our website and also through Amazon. On our website we give the option to buy institutional rights, but Amazon does not allow this. Therefore, when we receive a sales notification from Amazon for an address at a university we always inquire if this is for school use or home use, and we ask the institution to purchase the educational rights separately on our website. That's the best we can do since Amazon is no help in these situations. I would assume the publisher in question has agreed to all uses since your DVD came through with no further requests by the seller. -Pip Chodorov http://re-voir.com At 12:10 -0400 15/09/16, Jessica Rosner wrote: We ordered a DVD via Amazon with the intention of using it for classroom/educational purposes only. No lending off campus. There were no license restrictions indicated on the Amazon site for the item. After it shipped I received an e-mail indicating it was for home use only, no educational, library use, etc. When it arrived there is a sticker on the plastic wrap indicating this as well. What are people's opinions about these having the weight of licensing? 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.
