Hi Nan,

With all proper acknowledgements that I am not a copyright attorney and assuming I am understanding your situation…

Section 108 refers to a library or archive making copies(3) of a given digital work for preservation purposes and using those copies in the normal processing and research of the collections.

Section 108 does not refer to presentation or display of a digital work, especially a commercial DVD movie, to the public outside research and scholarship(digital art shown in a museum gallery setting would be an exception). Whether that presentation is free or there is a charge, or whether that copy is owned by the archive or acquired from somewhere else is not relevant. Any display of a copyrighted work to the public that can be construed as infringing on normal commercial exploitation should be accompanied by a public performance license or written permission from the copyright holder(s).

Your Netflix contract specifies that the works you get from them cannot be displayed in a public forum without proper permissions. You can get more information on public performance licenses and requirements at www.swank.com<http://www.swank.com>.

I do not know if you might be able to get a bye on the basis of a film series sponsored by a non-profit institution. You should definitely look into it before moving forward.

Good luck.

Mark Janzen

Registrar/Collection Manager

Ulrich Museum of Art

Martin H. Bush Outdoor Sculpture Collection

316-978-5850



From: Museum discussion list [mailto:[log in to unmask]] On Behalf Of Curtis, Nan

Sent: Thursday, April 01, 2010 9:00 AM

To: [log in to unmask]

Subject: Copyright and film series



Hello All

We are in the process of running a pilot film screening series at the Forsyth Center Galleries, one of the art museums at Texas A&M University, and I want to be sure I don’t infringe on copyright.

The film series will be free, open to all students and the general public, and will include learning opportunities in the form of pre-film introduction and discussion and post-film discussion/question and answer.  We will be using DVDs that we get via museum membership to Netflix and using museum equipment and facility.

I’ve been looking at Copyright Act of 1976, and I believe we’re clear according to Section 108 that allows library/archives distribution if 1) it is made without any purpose of commercial advantage 2) collections are open to the public (they are) 3) distribution includes legend stating that work is protected by copyright (it will).

Can anyone provide any feedback/insight?

Thanks,

Nan

Nan Curtis

Director

MSC Forsyth Center Galleries

110 N. Main St.

Bryan, TX  77803-3234

979 845 9251







========================================================= Important Subscriber Information:



The Museum-L FAQ file is located at http://www.finalchapter.com/museum-l-faq/ . You may obtain detailed information about the listserv commands by sending a one line e-mail message to [log in to unmask]<mailto:[log in to unmask]> . The body of the message should read "help" (without the quotes).



If you decide to leave Museum-L, please send a one line e-mail message to [log in to unmask]<mailto:[log in to unmask]> . The body of the message should read "Signoff Museum-L" (without the quotes).



=========================================================

Important Subscriber Information:



The Museum-L FAQ file is located at http://www.finalchapter.com/museum-l-faq/ . You may obtain detailed information about the listserv commands by sending a one line e-mail message to [log in to unmask] . The body of the message should read "help" (without the quotes).



If you decide to leave Museum-L, please send a one line e-mail message to [log in to unmask] . The body of the message should read "Signoff Museum-L" (without the quotes).