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Out of the responses I received, it seemed pretty evenly split between
being a public performance and not being one. Ah, copyright, so
straightforward;) Personally, I'm leaning towards that it is a public
performance, but I totally understand the "Nos"  reasoning as well. My
plan is to talk to the principal, determine whether or not we even have
a public viewing license (my guess is no), and then research how to get
one and the cost value.


Thanks for all of your input, it really helped me out. If I get tired of
being a librarian, I can always become a copyright attorney!


Here are the responses that I received.


The public performance rights can be purchased with the video. Check
with the vendor.  Yes, that is a public performance.  All the videos
housed in the library should have public performance rights attached to
be able to use them in the classroom.   Most school libraries do NOT let
students check out a video to take home.  It's a protection to the
student who would need to pay for an expensive one if lost. :-)


" In the nonstop tsunami of global information, librarians provide us
with floaties and teach us how to swim." Linton Weeks, Washington Post


Sandra Wayne, District Librarian

Educational Services

Antelope Valley Union High School District

(661) 948-7655  Ext. 283

(661) 942-9924


Thatis educational use of the property thus it is legal. =20


Joy Millam

Library Media Goddess/Teacher

Valencia High School

500 N. Bradford Ave

Placentia, CA  92870

714-996-4970 ext-3250



If that isn't instruction, I don't know what is. Now, can you get the
parents to show up?


David Lininger, kb0zke,

Hickory County R-1 Schools

Urbana, MO 65767


Hi, regarding your public performance question:  I dealt with this for
years at Duke University, I administered the film & video collection
there, and learned all this out of necessity.


The definition of public performance is no charge for admission, shown
to a class with a teacher/instructor present, and it is understood that
discussion will follow, amongst the students with the instructor as


Hope this helps


John Williams

University of Tennessee


***Since it is beyond a family and its immediate circle of friends, it
is a public performance. The question is whether it is an EXEMPT public
performance. Admission charge is not one of the 5 criteria that must be
met, but one of the criteria is direct teaching in a for-credit class.

This would NOT be an exempt performance. You need public performance
rights for this showing.


Carol Simpson, Ed.D.

Assoc. Professor - School of Library & Information Sciences University
of North Texas PO Box 311068

205 Chestnut, ISB #205

Denton, TX 76203

940-565-3776 (voice)

940-565-3101 (fax)


1. I have a counselor who wants to purchase a video from
about teens and puberty to show to parents and then discuss it with
them. The school isn't charging admission and the counselors will
discuss the content with the parents as an instructional program on
understanding their children and their changing bodies. Is that a public
performance situation or not   No.

Holm, Charlotte []


Discovery has two formats to purchase.  The one for schools includes
Public Viewing rights.

Darla Grediagin

District Librarian

Yukon Koyukuk School District

Fairbanks Alaska



Jennifer Bello


Providence High School

511 S. Buena Vista St.

Burbank, CA 91505

(T) 818-846-8141 x120

(F) 818-846-6510


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