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Original post from Marcia Dressel: I just received a letter (it was
addressed generically to "Principal" but passed to me) from the MPLC (Motion
Picture Licensing Corporation.)
I'm wondering if any of you have seen it as well.  It promises immediate
licensing for our schoo, for a price, to show "home use only" videos whose
use otherwise is against copyright law.  My first instinct is "Yes, we need
to do this."  But since I have not heard of any of the discussion about this
coming down the pike, so to speak, and it doesn't smack of legality, I'm
skeptical.
Have any of you heard that this "umbrella license" was going to be a way for
us to escape the "home use only" clause?


HIT STARTS HERE:
We use MPLC for one of our high school clubs.  They sponsor a free movie
night and use rental videos.  The fee we pay depends on how many movies,
how often, etc-    Bonnie

This is a legitimate company.  I've talked to them several times and was
considering subscribing to their service just as a "CYA" measure since
there are probably faculty members (or substitutes) in any school who might
violate (intentionally or not) "fair use" law.   However, in discussing
this with the principal for funding, his comment was "no, because noone
should be showing videos that are not curriculum related, which makes them
"fair use" anyway.  So I said, "then _you_ need to make that clear to
faculty" and I didn't subscribe.  Also, they had changed their pricing
schedule that would have made it more than I could afford without
supplemental funding from the principal and daycare.  Joanne

 My
principal brought me the same letter, we decided to ignore it because
most of the videos shown in our building are tied to the curriculum so
therefore are allowed to be shown.  We do have ACE parties and a lock in
where videos are shown as treats but decided it was worth the risk.
We also wondered if it is a scam of some type.  Debbie


I looked into something similar last year and it seemed to require that you
follow the fair use guidelines of face to face instruction, in the
curriculum, not for entertainment purposes, etc. If you are following those
guidelines anyway, there is likely no need for additional licensing, so why
spend the money. You might want to get a more legal opinion to be safe
though.
Jeannette

Marcia, this is a legal license.   Carol Simpson, author of Copyright for
Schools.
(Marcia notes:  Carol and I haven't connected yet, but she offered to help
me understand the legalese of this.)

Our district is presently making arrangements to get this license.  Our
media director has investigated extensively, and it seems to be legal.  It
will probably be used mostly for middle and high schools who want to show
videos on busses taking groups a long distance for athletics, conferences,
etc.  I looked at the list of films and didn't figure there were many we
would want to show, but the secondary media specialists thought it was a
good thing.  Since the district is paying for it, I will have a good free
opportunity to evaluate it more fully!  Gail

Our school district (Diocese) encouraged each school to participate. It
does seem a legitamate way to use videos for educational purposes - NOT
FRIDAY AFTERNOON ENTERTAINMENT!
We have purchased the license (but "don't" tell the teachers :))) so
we're covered. We continue to tell them if it's not in your plan books
two days before and two days after, we'd have a hard time "defending" it
in court AND never, never on a Friday afternoon.... :)
We of course can use the threat that someone might not like the Catholic
Church and would turn us in for spite when they heard a parent saying
"Oh, my child watched....in school." Ah well.....   Kate

You do not need any license to show a video, even if it's labeled
"Home Use Only", IF (and it's a big IF) you follow the 4
guidelines of the copyright regs for fair use:
    1. legal copy (not pirated)
    2. shown in classroom or other place of usual instruction
    3. all students and instructor are in the same location (ie:
not distance learning)
    4. (this is the catch) it is an *integral* part of the current
instruction going on.
I am not sure what a "license" gives you.  With one can you then
show any video that is covered by the license for any reason you
want?  I really don't know but I'd check into it before spending
the $100s that those licenses cost.--Sally

I know that Canadian rules & regulations are different from American ones,
but our school has such a license from two separate sources in order to
cover as many different producers and distributors as possible.  These two
licenses cost us a total of  $0.60 CAN per registered student in the
school.
Things to watch out for are: - which producers/distributors are covered by
the license (most licenses do NOT cover all of them)
- is it a one time cost for the school (per year), or do you have to pay
repeatedly?
- what kind of reporting is required as to what is actually shown in the
school?  Will you have your staff onside?  Who will fill in & mail the
reports?
Hope you find this helpful.    Brigitte

  My principal also gave me some information on this.
Hers came to her name from the National Catholic
Education Association.   This was an issue we'd
recently been discussing she passed it on to me for my
consideration.
We decided it was fairly expensive ($250.00 per year)
for our school of 400 students.  Since teachers can
already show these videos in a strict instructional
setting, all it would allow is "recreational"
showings. We can certainly come up with less expensive
alternatives.     Jill

Yes, I have heard of this group. A license from them will permit your
school to show videos for entertainment purposes. You don't need it if you
are using videos (even those marked "home use only") for proper educational
purposes. My previous school was a residential and community high school,
and we had videos probably every other weekend. We have a license from
them, so we were legal.
I would suggest that if you show a lot of videos for entertainment you
would be wise to get the license, since it will save you a lot of hassle.
If you only show entertainment videos once in a great while, and you plan
ahead, you can probably get by with just getting the permission for each
individual use. You need to look at your own situation to decide whether
you need the license or not.   David

 My
principal gave me the letter and wanted me to let him know what I could
find out.  I know videos are shown in the classrooms that have been
purchased.  We have a video retrieval system and I heard something about
that being considered public use because anyone besides that class could
tune in.       Karen

--------------------------------------------------------------------
Marcia Dressel, Library Media Specialist
dressel@oz.osceola.k12.wi.us
Osceola Elementary School   OR  Osceola Intermediate School
250 Tenth Avenue, PO Box 128    550 Chieftain Street, PO Box 128
Osceola WI USA 54020-0128       Osceola WI USA 54020-0128
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