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I got a lot of responses to my question regarding movie licensing.  A few
cited examples of what can happen, but most just felt we should follow the
law anyway.  After discussing the dilemma with my principal, we decided
that any end of semester movies would have to be shown in individual
classrooms and have to relate somehow to the curriculum.  We had been
airing them throughout the school, twice a year.  Most of the ones had
been movies of novels taught in class, so for some classrooms, Fair Use
did apply, but not all.  I like to have movie parties to reward AR, so I
found a company that rents movies with public viewing rights.  The price
depends on the movie.  Since I only have 2 or 3 movie parties a year, that
will be the route I go.  As for the site license, we decided that we
showed very few movies in the past and that the future videos will follow
Fair Use guidelines.  So we didn't buy one.  The District media center did
not want to purchase the license because they don't advocate showing
movies for entertainment in the school.  They purchase legal videos for
classroom use that are curriculum related only.

Following are my original post and the responses I received.

I have a question concerning showing movies for entertainment.  I know the
Fair Use guidelines, and I realize they don't cover those movies teachers
show at the end of semesters to buy a little grading time.  We submitted a
request for a site license from Movie Licensing USA.  The parent group
felt that $350 a year was too expensive and also thought our district
should get a district wide license since more movies for fun happen in our
elementaries than in our junior high.  They want to know what the
penalties would be for getting caught and whether the license fee was
worth the fines.  (They thought the risk for say a $500 fine was worth
saving $375.)   Having never been "caught" or known any schools that have,
I am looking for "proof" that following copyright law is not only morally
correct, but also financially prudent.

Please let me know real events that have happened in your career.  I'll
post a hit when I get them all.

Thanks in advance!

Candi Pierce
Library Media Specialist
Wilson Junior High

-----

250,000 dollars and 5 years in jail should be "scary" enough

-----

Dallas County Sheriff's department for showing videos to prisoners $25,000
fine  They paid.

Parent who showed a Disney movie at her daughters birthday party - they
said that it was really her class because she attended school with the
same children and that it exceeded the fair number for an in home viewing
of a rented video $8,000 dollars.  I didn't hear who won that one.

Cynthia Whisennand, MLS
Librarian
MacArthur High School
Blue Ribbon School
Irving ISD
Irving TX

-----

I have read of substantial fines on this listserv. In fact, someone
maintains a website listing those who were supposedly "caught", and it all
could be urban legend. However, shoplifters hope they won't get caught
either. We are still guilty of stealing and breaking the law. IMHO. And I
don't intend this to sound like a flame.
Missi Baker
Greenup County High School
Greenup KY 41144

-----

I know this may not be what you want to hear but point to the
administration that if they want to play the "we will never get caught"
game will teach the kids they really do not need to obey any school rules.
It also teaches kids not to comply with any academic honesty rules, such
as not plagiarizing or they should ignore any request by the school
administration not to copy computer software.
Take care,
Luis R. Ramos, Librarian
ACORN Community HS, Brooklyn, NY

-----

For whatever it is worth, the idea of taking a chance on not getting
caught sets a TERRIBLE example.  Do parents really want to send that
message?  Do they really want to LIVE that message?  It is a slippery
slope at best.

-----

All you need is one kid or one parent with a grudge against the school to
ruin it for you.  When I was doing my student teaching in New York, we
showed, as a class day activity, some Disney flick and a student went home
and told his attorney father (who was upset because his son had violated
the computer terms of use contract and had destroyed several computers and
was now barred from the computer lab).

He turned the school in and they were given a sternly worded letter.  The
next year, seeing that kid had gone on to high school, the school did it
again, was sued, and was assessed a $1000 fine.

-----

Ask them if they think stealing is worth the "risk".  It is unlawful to
show those videos without a license.  I think you should make it perfectly
clear that you want no part in an unlawful act.
L.

-----

I don't have time to find "proof" -- but my understanding is that the fine
is closer to $10,000 and could also involve jail time, especially if it is
a Disney film.  When I was in my instructional technology grad program I
remember our director telling us that Disney was the company that most
stringently applied the rules and will prosecute without mercy.

-----

When I worked in an elementary library, the school rented a 16mm film at
the end of the year for entertainment purposes.  The rental fee was very
reasonable, and I believe it allowed large group viewing for entertainment
rather than education.

Angela Ross, Library Media Specialist
Marist High School, Eugene, Oregon

-----

Fines can be as high as $75,000 by statute.

-----

When I taught in the Catholic School system, on of the schools in our
Diocese had an uncle of one of the students turn them in to Disney.  He
had been walking through the school to pick up a relative, and heard a
Disney video being shown in a classroom. The school was sued, lost, and
was fined thousands of dollars.

Needless to say, none of the rest of the schools could show reward movies
again. If you are caught, and it is a clear violation, it is not worth the
fines! Disney really does go looking for schools that violate the
copyright laws.

-----

In fact, many of the movie companies monitor this site. In my new school
last year I asked LM_NET members about this same issue and heard from
movie companies in response to the question! I even got a personal phone
call from the Movie Licensing, USA people. We ended up purchasing the
license for our district just to be safe, and not to have to worry about
showing any films (even Disney!).
Diane

-----

I have had a similar experience but in that they felt it too expensive,
but when you break it down per showing its relatively inexpensive.  It is
difficult to find cases because I feel the entertainment companies have
NOT been as forceful as they could and the bigger drain on their income
right now is the widespread copying over the net.  At least SOMEBODY
bought a copy of the videos being shown in school.

-----

I find it sad and disturbing that otherwise law-abiding, responsible
adults feel that they should violate a law instead of complying.
Probability of being caught should not be the determinant in choosing to
violate someone else's property rights.  Ask one of these people who own a
business if is all right to shoplift UNLESS the person gets caught.  What
is wrong is ALWAYS wrong.

My 2 cents,
Cheryl Sturgeon
Elem. Media Spec.
Highland Local Schools (OH)

Candi Pierce
Library Media Specialist
Wilson Junior High
Candi_Pierce@fc.hamilton-city.k12.oh.us

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