There is nothing to prohibit the loaning of films to another institution so long as that loan does not include the making of a copy. The only restriction would be if the purchasing institution agreed to restrict use to within that institution.
Also, you should be award that the purchase of a film does not usually include the purcase of the public performance rights. So, the use might be restricted to class room performances without having the public performance right.
If a consortium purchases a film and the producer/publisher knows that it will be used by all of the institutuions, there certainly is nothing wrong with sharing the copy. Again, no reproduction of the film and the public performance issue remains the same.
Lolly Gasaway, Dir. of the Law Lib. and Prof. of Law Univ. NOrth Carolina - Chapel Hill
On Tue, 1 Nov 1994, ALLEN MARJORIE wrote:
>
> I would very much like to know what the thinking is about the following
> memo. Thanks in advance. Marjorie Allen allenmar[_at_]hvcc.edu
>
> ************************ START OF FORWARDED MESSAGE **********************
>
> To : allenmar
> Subject : Copyright - Consortium sharing of feature films
> Date : 10/28/94 17:19
>
>
> Message-Id: <199410281719.RAA21344[_at_]office.hvcc.edu>
> Date: Fri, 28 Oct 1994 10:34:08 +0200
> Sent-From: Brian Longley <longley[_at_]MACALSTR.EDU>
> X-To: media-l[_at_]bingvmb.bitnet
> To: Multiple recipients of list MEDIA-L
> <MEDIA-L%BINGVMB.BITNET[_at_]UBVM.cc.buffalo.edu>
>
> We are a member of a consortium of seven private colleges sharing library
> resources, including a courier moving materials between campuses. The
> issue has come up, again, whether one college media service can legally
> share feature films (VHS format) with another college. Currently, our
> joint policy says no. If a feature film has been purchased by one
> institution, we do not loan it to another.
>
> Questions:
> 1) Is it permissable (advisable? inadvisable?) to share feature movies
> within our consortium for face-to-face teaching activities?
> 2) Alternatively, can the consortium, as an entity, purchase videos and use
> them at the different colleges?
> 3) Is there a clear guideline or precedent here? Or does it just depend on
> whether you are a vendor or an end-user?
>
> Thanks,
> Brian
>
> ---------------------------------------------------------------------
> Brian Longley, Director phone: (612) 696-6379
> Media Services fax: (612) 696-6689
> Macalester College e-mail: longley[_at_]macalstr.edu
> 1600 Grand Avenue
> St. Paul, MN 55105
> "Outside of a dog, a book is a man's best friend.
> Inside of a dog, it's too dark to read."
> - Groucho Marx
> ---------------------------------------------------------------------
>
>
Received on Wed Nov 02 1994 - 15:32:17 GMT
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