My apologies for taking so long to post a hit on this, but here it is.
The original question was ... I recently had a teacher ask me if it is ok to show a
commercial DVD or video tape to a class that has the "home viewing only" segment
statement at the beginning of the movie. The teacher who asked this question will
be teaching a class that will be evaluating movies in class called "Film as Social
Criticism". Do we need to ask for permission to show such movies in a face to face
curriculum. Also, can we legally show movies in class that have the home viewing
only statement that are borrowed from the public library or a commercial lending
library, such as Blockbuster? We currently have a license through Movie License USA
Responses from this wonder group included the following.
As long as the videos are being used for a curricular purpose, you're okay. Here's
a link to a site that I often refer to when I'm in doubt.
http://www.libraryvideo.com/company_info/lvccopyright.asp?mscssid=QFCFD4ERS0PF8J7N2HUE9V6X93GT09XF
=================================================================
"Home Use Only" barring some shrink wrap license or other situation in which you
did not purchase the video (some video producers only lease their materials and
impose other contract restrictions as part of the sale) means you do not have
public performance rights on that copy of the video. As long as the showing is in a
non-profit school, the showing is for students and teachers in a regular class, the
showing takes place in a classroom or other instructional place, and the showing is
a material part of direct instruction, you don't need public performance rights --
that showing is exempt.
=================================================================
If you have a license through Movie Licensing USA, you're covered. I specifically
asked them at the time we got our license (at a different library) if I could show
something that I got from Netflix or Blockbuster and was told absolutely.
=================================================================
You don't even need the MovieLicensing license for this showing.... This is
face-to-face instruction, covered by fair use. "Home Viewing Only" in the beginning
doesn't matter. As far as whether you can show movies borrowed from other places,
all copyright says is that it must be a "legally acquired copy," so borrowed from
the library is fine. As far as Blockbuster goes, you'd need to look at the
contract you signed at Blockbuster. If that excludes schools, you're bound by
that. If it doesn't, it's a legally-acquired copy and can be shown as classroom
instruction, or even for public performance, since you have a MovieLicensing
contract (as long as the video is made by a studio covered in the MovieLicensing
contract, which means most of the major studios.)
=================================================================
So the short answer is that you can show them, "home viewing" message or not.
Maren Stahle, M.L.I.S.
Library Media Specialist and
K-12 Library Media Coordinator
West Bend East High School
1305 East Decorah Rd.
West Bend, WI 53095
Office Phone - 262-335-5553 ext. 31300
Fax - 262-335-8242
mstahle@west-bend.k12.wi.us
NON-CONFIDENTIAL
This e-mail message together with any attachment or reply should not be considered
private or confidential because they may be archived and subject to public
disclosure under certain circumstances, such as requests made pursuant to Wisconsin
public records law.
NOTICE AND DISCLAIMER
This e-mail and any attachments are intended solely for the use of the individual
or entity to whom they are addressed. Please notify the sender immediately by
e-mail if you have received this e-mail by mistake and delete this e-mail from your
system. Please note that the views or opinions presented in this e-mail are solely
those of the author and do not necessarily represent those of the West Bend Jt.
School District #1. Any unauthorized use, distribution, copying or disclosure by
you or to any other person is prohibited.
--------------------------------------------------------------------
Please note: All LM_NET postings are protected by copyright law.
You can prevent most e-mail filters from deleting LM_NET postings
by adding LM_NET@LISTSERV.SYR.EDU to your e-mail address book.
To change your LM_NET status, you send a message to: listserv@listserv.syr.edu
In the message write EITHER:
1) SIGNOFF LM_NET
2) SET LM_NET NOMAIL
3) SET LM_NET MAIL
4) SET LM_NET DIGEST
* LM_NET Help & Information: http://lmnet.wordpress.com/
* LM_NET Archive: http://www.eduref.org/lm_net/archive/
* EL-Announce with LM_NET Select: http://lm-net.info/join.html
* LM_NET Supporters: http://lmnet.wordpress.com/category/links/el-announce/
--------------------------------------------------------------------
LM_NET
Mailing List Home