[LIBRARYDIR] Movie Clubs?

Wed Feb 27 13:01:47 PST 2019

I’m sorry that I muddied the waters with semantics.  Section 110 is the teaching exemption with specific criteria.  Fair use exists also.
Jennifer

From: LIBRARYDIR [mailto:librarydir-bounces at lists.ctc.edu] On Behalf Of Kelly, Amy via LIBRARYDIR
Sent: Wednesday, February 27, 2019 12:47 PM
To: WACTC Library Directors <librarydir at lists.ctc.edu>
Cc: Kelly, Amy <akelly1 at spscc.edu>
Subject: Re: [LIBRARYDIR] Movie Clubs?

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Same here at SPSCC. We don’t have a film club, but all the clubs we do have are only students. That seems to be the big distinction between a public viewing and a student-run, closed group activity.

From: LIBRARYDIR <librarydir-bounces at lists.ctc.edu<mailto:librarydir-bounces at lists.ctc.edu>> On Behalf Of Howard Fuller via LIBRARYDIR
Sent: Wednesday, February 27, 2019 11:59 AM
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Cc: Howard Fuller <hfuller at whatcom.edu<mailto:hfuller at whatcom.edu>>
Subject: Re: [LIBRARYDIR] Movie Clubs?

That clubs are open to the public may not be true at all institutions.

Clubs are only students and their advisory (or guest employees) at other institutions. For example, at Whatcom a club is “A group of Whatcom Community College students collectively organized based on a mutual interest…”  Club here, by definition (and funding) are only enrolled students.

From: LIBRARYDIR [mailto:librarydir-bounces at lists.ctc.edu] On Behalf Of Jennifer Dysart via LIBRARYDIR
Sent: Wednesday, February 27, 2019 11:52 AM
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Cc: Jennifer Dysart <JDysart at greenriver.edu<mailto:JDysart at greenriver.edu>>; Heath Hayden <heath.hayden at bellevuecollege.edu<mailto:heath.hayden at bellevuecollege.edu>>
Subject: Re: [LIBRARYDIR] Movie Clubs?

The creators of a film hold the right to show the film.  They generally sell it licensed for private home viewing, and those are the only rights that you have purchased. Section 110 of the Copyright law has an exemption for teaching—teachers or students can show it in a classroom as part of the class material without seeking permission first and regardless of rights purchased.  There’s no exemption for clubs or churches or entertainment showings at schools or dorms.

A club, by definition, is usually open to anyone.  Generally club viewings are advertised.  Clubs are open to the public, and club viewings are open to the public.  You can show the film, but you owe the copyright holder a fee by paying public performance rights.

Kanopy and Films on Demand include limited public performance rights in their licensing—usually in your venue (campus) and to your constituents.  I’ve given some more detailed musings on our closed listserv.
Jennifer

From: LIBRARYDIR [mailto:librarydir-bounces at lists.ctc.edu] On Behalf Of Bem, Greg via LIBRARYDIR
Sent: Wednesday, February 27, 2019 11:38 AM
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Cc: Bem, Greg <Greg.Bem at lwtech.edu<mailto:Greg.Bem at lwtech.edu>>; Heath Hayden <heath.hayden at bellevuecollege.edu<mailto:heath.hayden at bellevuecollege.edu>>
Subject: Re: [LIBRARYDIR] Movie Clubs?

CAUTION: This email originated from outside of Green River College. Please do not click any links or open attachments unless you know the sender and know the information is safe. Even if you know the sender, if the request or information seems unusual please check with the sender first before clicking a link or opening the attachment. If you are unsure, contact the IT Help Desk at x2222 or email ithelpdesk at greenriver.edu<mailto:ithelpdesk at greenriver.edu>.

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If the film club is operating behind closed doors, how is that violating copyright? I’m curious about this.

Greg Bem, MLIS
Faculty Library Coordinator
Pronouns: he/him/his

Contact Info
greg.bem at lwtech.edu<mailto:greg.bem at lwtech.edu%0d>
425-739-8100 xt.8898
http://www.lwtech.edu/campus-life/library<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.lwtech.edu%2Fcampus-life%2Flibrary&data=02%7C01%7CJDYSART%40greenriver.edu%7C9cffe7d82aeb4eb7608508d69cf4b5cc%7Cfa40663e972749789bce776cf824bca5%7C1%7C0%7C636868972171425046&sdata=8AWqXj5ZEMInGBORcEP%2BJ8IImq0T4rJOq913j5xPzVs%3D&reserved=0>

From: LIBRARYDIR [mailto:librarydir-bounces at lists.ctc.edu] On Behalf Of Vivienne Mcclendon via LIBRARYDIR
Sent: Wednesday, February 27, 2019 11:10 AM
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Cc: Vivienne Mcclendon <vivienne.mcclendon at bellevuecollege.edu<mailto:vivienne.mcclendon at bellevuecollege.edu>>; Heath Hayden <heath.hayden at bellevuecollege.edu<mailto:heath.hayden at bellevuecollege.edu>>
Subject: Re: [LIBRARYDIR] Movie Clubs?

Bellevue College disagrees with that use. Here’s Heath’s comment:
We have Swank streaming available here at Bellevue College. In the process of bringing this service on for our campus I clarified with them about what uses would be permitted. I have been informed a couple of times that having a public screening of any films in Swank on our campus would be a copyright violation and we have to secure PPR through them. We did this in connection with an International Week for a film that was shown during that program. The only streaming media I am aware of (that we have access to here at BC) is Kanopy and Films on Demand, which includes PPR.

I’d be curious to know how everyone is getting around that with Swank and holding screenings outside of a classroom/course setting.

Thanks, all!

Heath

From: "Kelly, Amy" <akelly1 at spscc.edu<mailto:akelly1 at spscc.edu>>
Date: Wednesday, February 27, 2019 at 10:25 AM
To: WACTC Library Directors <librarydir at lists.ctc.edu<mailto:librarydir at lists.ctc.edu>>
Cc: Vivienne Mcclendon <vivienne.mcclendon at bellevuecollege.edu<mailto:vivienne.mcclendon at bellevuecollege.edu>>
Subject: RE: [LIBRARYDIR] Movie Clubs?

Our student life group organizes public film showings and uses Swank. But as Greg explained below, a film club should be able to use library materials without worrying about copyright.

Amy S. Kelly, MA, MLIS
Dean of Academic Support Services
South Puget Sound Community College
360.596.5416

[cid:image001.jpg at 01D4CE86.C22681B0]

From: LIBRARYDIR <librarydir-bounces at lists.ctc.edu<mailto:librarydir-bounces at lists.ctc.edu>> On Behalf Of Vivienne Mcclendon via LIBRARYDIR
Sent: Wednesday, February 27, 2019 10:21 AM
To: WACTC Library Directors <librarydir at lists.ctc.edu<mailto:librarydir at lists.ctc.edu>>
Cc: Vivienne Mcclendon <vivienne.mcclendon at bellevuecollege.edu<mailto:vivienne.mcclendon at bellevuecollege.edu>>
Subject: Re: [LIBRARYDIR] Movie Clubs?

BC does not have a film club that I’m aware of, but we have a partnership between the library and a film course.
They teach the course, we show the film.
We consider this course-related.
Vivienne

--
Dr. Vivienne McClendon, Ph.D., MLIS
Dean, Library & eLearning
Bellevue College, D260H
3000 Landerholm Cir. SE
Bellevue, WA 98007
Office: 425-564-3056
vivienne.mcclendon at bellevuecollege.edu<mailto:vivienne.mcclendon at bellevuecollege.edu>

From: LIBRARYDIR <librarydir-bounces at lists.ctc.edu<mailto:librarydir-bounces at lists.ctc.edu>> on behalf of "Bem, Greg via LIBRARYDIR" <librarydir at lists.ctc.edu<mailto:librarydir at lists.ctc.edu>>
Reply-To: WACTC Library Directors <librarydir at lists.ctc.edu<mailto:librarydir at lists.ctc.edu>>
Date: Tuesday, February 26, 2019 at 6:09 PM
To: WACTC Library Directors <librarydir at lists.ctc.edu<mailto:librarydir at lists.ctc.edu>>
Cc: "Bem, Greg" <Greg.Bem at lwtech.edu<mailto:Greg.Bem at lwtech.edu>>
Subject: Re: [LIBRARYDIR] Movie Clubs?

All our publicly announced and available movie screenings are put on by our ASG/Campus Life and they use Swank and others, similar to Mindy’s message.

Though we didn’t find details that felt satisfactory through our online research (and we did not consult any copyright lawyers), we have done some research on fair use for screenings and it seems like showing a movie to a group for a specific academic purpose (even if extra-curricular) in a private space (like the library classroom) would fall under fair use.

Greg Bem, MLIS
Faculty Library Coordinator
Pronouns: he/him/his

Contact Info
greg.bem at lwtech.edu<mailto:greg.bem at lwtech.edu%0d>
425-739-8100 xt.8898
http://www.lwtech.edu/campus-life/library<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.lwtech.edu%2Fcampus-life%2Flibrary&data=02%7C01%7CJDYSART%40greenriver.edu%7C9cffe7d82aeb4eb7608508d69cf4b5cc%7Cfa40663e972749789bce776cf824bca5%7C1%7C0%7C636868972171435050&sdata=lYCN4JjyuoVpsdGmO6Q8ZEGtvlQ3mVOyJLX013qSjeQ%3D&reserved=0>

From: LIBRARYDIR [mailto:librarydir-bounces at lists.ctc.edu] On Behalf Of Mindy Coslor via LIBRARYDIR
Sent: Tuesday, February 26, 2019 5:32 PM
To: WACTC Library Directors <librarydir at lists.ctc.edu<mailto:librarydir at lists.ctc.edu>>
Cc: Mindy Coslor <Mindy.Coslor at skagit.edu<mailto:Mindy.Coslor at skagit.edu>>
Subject: Re: [LIBRARYDIR] Movie Clubs?

Our Student Activities pays for public performance rights.  I can try to find out what organization they use.

Here are a few:

  *   Swank Motion Pictures<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.swank.com%2F&data=02%7C01%7CJDYSART%40greenriver.edu%7C9cffe7d82aeb4eb7608508d69cf4b5cc%7Cfa40663e972749789bce776cf824bca5%7C1%7C0%7C636868972171435050&sdata=3GF92du2ViDffItQbq3XmBs%2BOJ6vS98VB0f5LAZPjGA%3D&reserved=0>  is the major non-theatrical movie distributor and public performance licensing agent in venues where feature movies are shown publicly
  *   Criterion Pictures<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.criterionpicusa.com%2F&data=02%7C01%7CJDYSART%40greenriver.edu%7C9cffe7d82aeb4eb7608508d69cf4b5cc%7Cfa40663e972749789bce776cf824bca5%7C1%7C0%7C636868972171445058&sdata=CnuvFIqjurD0ok2k%2F3rcBe3TdQ8kxXmdSrzr84wI9rg%3D&reserved=0>  is one of the largest non-theatrical providers of feature films in North America. In the United States, Criterion has exclusive relationships with some of Hollywood's largest film Studios, such as Paramount Pictures (select titles only), 20th Century Fox, Fox SearchLight, DreamWorks Animation, Troma Films, New Concorde, among others.
  *   Motion Picture Licensing Corporation<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.mplc.org%2F&data=02%7C01%7CJDYSART%40greenriver.edu%7C9cffe7d82aeb4eb7608508d69cf4b5cc%7Cfa40663e972749789bce776cf824bca5%7C1%7C0%7C636868972171455066&sdata=YHsi%2B%2Bjyvl97qkcs6bWMMnW%2BgdMNxWL%2B%2BHp1bIRogQQ%3D&reserved=0> is an independent copyright licensing agency that provides the Umbrella License to ensure copyright compliance for the public performance of motion pictures.

Mindy Coslor, PhD
Director of Library Services
Skagit Valley College
2405 E College Way
Mount Vernon, WA  98273

360.416.7761

From: LIBRARYDIR <librarydir-bounces at lists.ctc.edu<mailto:librarydir-bounces at lists.ctc.edu>> On Behalf Of Fuhrman, Tim via LIBRARYDIR
Sent: Tuesday, February 26, 2019 3:28 PM
To: WACTC Library Directors <librarydir at lists.ctc.edu<mailto:librarydir at lists.ctc.edu>>
Cc: Fuhrman, Tim <timf at bigbend.edu<mailto:timf at bigbend.edu>>
Subject: [LIBRARYDIR] Movie Clubs?

We have a group of students who want to form a movie club.  I’m concerned this would be outside of “fair use” and require them to pay for performance rights.  Anybody else have a movie club on their campus?

______________________________________________________________
[cid:image002.jpg at 01D288FB.64E12050]

Tim Fuhrman
Director of Library Resources
& eLearning
Big Bend Community College
timf at bigbend.edu<mailto:timf at bigbend.edu>

509.793.2350
877.745.1212
www.bigbend.edu<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.bigbend.edu%2F&data=02%7C01%7CJDYSART%40greenriver.edu%7C9cffe7d82aeb4eb7608508d69cf4b5cc%7Cfa40663e972749789bce776cf824bca5%7C1%7C0%7C636868972171455066&sdata=UkTi1gDxEd%2BKVO1utt9M0HmfuQ7jPnWF70fEkDdVd48%3D&reserved=0>

Bonaudi Library (ATEC/1800 Building)•7662 Chanute Street NE•Moses Lake, WA 98837-3299

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