Gail said: "... they do not offer "Public Performance Rights" and cannot legally be
viewed by a school audience."
Section 110(a) of copyright law allows a school (as a non-profit educational
institution) that shows a film which meets the test outlined in this section to
show the film WITHOUT REGARD TO PUBLIC PERFORMANCE RIGHTS. In other words, if you
meet all 5 factors outlined here, you do not need to worry about public performance
rights. The hard part is not twisting the "direct teach" requirement of this
section, such as when folks claim a lesson on the farm justifies showing "Babe."
Don't let a video producer buffalo you. I once had a memorable telephone
conversation with someone from Disney who tried to tell me I had to purchase PPR to
show =any= Disney movie for =any reason, including the "I'm no fool" series. Bad
decision on his part....
Carol Simpson
Univ of North Texas (mod. serv.)
---------- Original Message ----------------------------------
From: Gail Brewster <gbrewste@MOLINESCHOOLS.ORG>
Reply-To: Gail Brewster <gbrewste@MOLINESCHOOLS.ORG>
Date: Mon, 3 Nov 2008 10:44:46 -0600
>It's called "Public Performance Rights" and we pay a good deal more for those
>rights because we use them in a classroom setting. I have never heard about the 40
>audience limit. We buy lots of our videos from PBS and it has a special store just
>for educators. If you compare the price for the same video title from the
>teacher's store with the price from the general public store, you will usually
>find anywhere from $50-$100 difference. Sites like the Discovery Channel will not
>sell certain videos to me because they do not offer "Public Performance Rights"
>and cannot legally be viewed by a school audience. Usually, these only apply to
>new series like Mythbusters which did eventually apply those rights. I think I
>had to wait until after season two for school availability.
>
>
>Gail Brewster
>Media Specialist
>Moline High School
>Moline, IL 61265
>gbrewste@molineschools.org
>Phone (309) 743-8901
>Fax (309) 757-3484
>http://mhsav.wikispaces.com/
> _____
>
>From: Brown, Linda [mailto:lbrown@JONESVILLESCHOOLS.ORG]
>To: LM_NET@LISTSERV.SYR.EDU
>Sent: Mon, 03 Nov 2008 07:57:08 -0600
>Subject: TAR: Copyright: Limit on audience size?
>
>Dear Copyright Experts,
>
>
>
> My teacher husband recently ordered a Civil War video from PBS. The
> woman on the phone asked if the tape was for personal or professional
> use. My husband asked what the difference was. She replied that if the
> audience size was under 40, that was personal use. If over 40, that
> would be professional use and he'd have to pay extra for a "copyright
> license."
>
>
>
> Has anyone heard of this before? I've never seen this mentioned on the
> list.
>
>
>
> Thanks,
>
>
>
> Linda Brown
>
> Teacher/Librarian
>
> Jonesville (MI) High School
>
> lbrown@jonesvilleschools.org
>
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