Before I share the hit for the original message (see below), I would like to say
thank you to all of those who took the time to share their insight with me. Given
the fact that I cannot ensure that all of the videos in my room are going to be
used as a part of face-to-face instruction, I think that I should make sure that we
have the rights attached to each video. If someone has a differing opinion on this
I would love to hear your take on it.
Original post:
I had a teacher as about buying the DVDs of Mythbusters. She said that
she could get them for around $30 from Barnes and Noble. The vendors I
deal with sell them for around $60. Am I right in assuming that the
difference in cost is that the ones purchased from B&N do not have
public viewing rights attached to them, but the ones from educational
vendors do?
The answers could save my budget if my assumptions are incorrect.
Responses:
>> I wouldn't assume that the more expensive version comes with public
performance rights, but it is possible. HOWEVER, if your teacher wants
to use the video in her classroom, as part of an instructional unit, tied to her
curriculum, you don't need public performance rights. You can buy it at Barnes &
Noble and use it in the classroom under educational fair use guidelines. You only
need public performance rights if you are going to show it outside the classroom
setting.
>>It's legal to show any legally acquired videos as part of *face-to-face classroom
>instruction*, where the teacher is present and actively teaching a lesson. Buying
>them from BN or the educational places are both legal acquisitions.
If you're talking about *public performance* (simply showing the videos for
rewards, rainy days, after-school activities) then you definitely need public
performance rights. I wouldn't assume that your educational sources automatically
include public performance rights; it would be something to check before
purchasing. It maybe be just that they cost more - I'm not sure why!
>>You are correct.
>>Could be, but do you need public performance rights? Remember that if the
>material is used in a classroom setting, in face to face instruction, and directly
>related to the curriculum, you may use the material. On the other hand, if you are
>showing the DVD as a reward or in place of recess, then you need the public
>performance rights.
>>If the DVDs are being used as part of face-to-face instruction, you can use them
>legally under Fair Use. I say- go ahead and buy whatever version is cheapest!
>This is what I did with Bill Nye the Science Guy videos.
Now, if they're being used as rainy day recess entertainment, that's another story!
>>Absolutely!! I know because I purchased Mythbusters and was told the extra $ was
>for public performance rights! I know some of you say that vendors arbitrarily
>assign their own copyright rules and prices but I figure if I follow their
>restrictions I can't be held liable. I have two titles from ABC News that charged
>me a 2-year renewable licensing fee of $65 each. I will renew one of the titles
>but not the other one. When I purchased these videos ABC DID NOT ADVISE me of the
>licensing fee. Had I known I would not have bought both videos.
>>Though if the DVDs are only going to be used in a face-to-face teaching
>environment, then Public Performance right are not necessary - that falls under
>Fair Use for education.
Thanks again to everyone who sent me responses.
Kendra Newton, Librarian
Glenview Middle School
http://www.emsd37.org/gvlib
3100 7th Street
East Moline, IL 61244
Phone: 309-755-1919 ext. 233
Fax: 309-755-2564
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