[baisl] Re: Purchasing DVDs for class use

  • From: Jole Seroff <jseroff@xxxxxxxxxxxxxx>
  • To: baisl@xxxxxxxxxxxxx
  • Date: Wed, 17 Dec 2014 08:37:40 -0800

Here is the relevant exception to the law on use of copyrighted materials
in a classroom setting:  [implication being: as long as you are using a
lawfully obtained copy for "face-to-face teaching activities" you are good
to go and do not need special licensing]

17 U.S. Code § 110 - Limitations on exclusive rights: Exemption of certain
performances and displays
Notwithstanding the provisions of section 106
<http://www.law.cornell.edu/uscode/text/17/106>, 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;

On Wed, Dec 17, 2014 at 8:31 AM, Renee Ramig <rramig@xxxxxxxxxxxxxxxxxxxx>
wrote:
>
>  We buy K-12 movie licensing each year - http://k12.movlic.com/
>
>
>
> This allows us to show most videos that are home use as well as show for
> non-ed use (like ext. day, rainy day, night reward, etc.)
>
> But there are some smaller studios that are excluded.
>
>
>
> And, even without the above license, non-profits can follow “fair use”
> which as I understand it means that if the video is being used for
> educational purposes, only students that are part of the lesson are
> watching it, and only the parts of the video related to the lesson are
> shown (which can be the entire video if appl.), you can legally use the
> home version of the video.
>
>
>
> *From:* baisl-bounce@xxxxxxxxxxxxx [mailto:baisl-bounce@xxxxxxxxxxxxx] *On
> Behalf Of *Michele Martin
> *Sent:* Wednesday, December 17, 2014 8:27 AM
> *To:* baisl@xxxxxxxxxxxxx
> *Subject:* [baisl] Purchasing DVDs for class use
>
>
>
> Hi all,
>
> I've come across this issue a few times. An independent filmmaker sells a
> DVD at varying price levels: one for in-home, personal use, and one (much
> more expensive) for "institutional" use in a library or classroom.
>
> Is this okay? I want to say no, but their website is making me feel
> guilty. "Honor system, blah blah blah..."
>
> Thoughts?
>
> Many thanks!
>
>
>
>   *Michele Martin*
>
>
>
>
> *Director of Information Science (Librarian) Sonoma Academy 2500 Farmers
> Lane Santa Rosa, CA 95404 707.545.1770 <707.545.1770>*
>


-- 
Jole Seroff
Director of Library and Information Services
Castilleja School
1310 Bryant St.
Palo Alto, CA 94301
(650) 470-7765
jseroff@xxxxxxxxxxxxxx

WOMEN LEARNING I WOMEN LEADING

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