An added note: seeing Swank's name appear reminded me that we often
used them if we wanted to show a movie we did not own. They are very
knowledgeable and you can feel confident when you work with them. We
used two others when Swank could not help with the movie, but those two
no longer exist.
-----Original Message-----
From: Museum discussion list [mailto:[log in to unmask]] On
Behalf Of Diane Fagen
Sent: Thursday, January 25, 2007 1:54 PM
To: [log in to unmask]
Subject: Re: [MUSEUM-L] Movie nights
I have some background in this, which I will certainly share with you,
but it would probably be much better if you had a professional in this
topic area! :-)
I was an audio-visual librarian in my first position, and the "rules and
regs" surrounding public showing were varied depending on the
rightsholder' perception of their "mission". For example, we served 60
cities (through a public library system), and reserved movies up to one
year in advance for schools, nursing homes, etc. "Movies" included
feature films (like Gone With the Wind), educational films, and
"shorts". Various companies had a variety of contractual agreements,
depending on whether the movie night was being used as a fund-raiser,
whether the movie night was open to the public or only to registered
patrons, and even how the people were charged (for example, admission
fee versus free admission with payment for beverages/popcorn) ...the
list goes on. It was explained to me when I began my employment that
because the movies were obtained under contract, the contract trumped
all copyright issues. So a question would be: who is supplying the
movie and under what circumstances has that agency/individual obtained
the movie?
There's an interesting belief that any institution that "does education"
is an educational institution and that all the same "rules" apply. As
you probably know, this isn't so.
For clear, good references on what non-university non-college
institutions can do, you might take a look at any books by Tomas A
Lipinski. He has advanced degrees in law and library science, and
teaches in both areas. Under a leadership grant from the National
Institute of Library and Museum Services, he organized a conference for
administrators of libraries, museums, and archives. I heard him speak
most recently at a meeting of the Chicago Area Medical Archivists, which
was held at the National Archives and Records Administration - Chicago
region. His presentation centered on updates to copyright law as it
pertains to museums and archives. He's again presenting testimony to
the Copyright Office's Section 108 committee at the end of this month.
His most recent book is on institutional liability regarding copyright
(print and online; display and transmission of materials). However, you
might try to attend one of his presentations if he's in your area. He
encourages discussion and examples throughout, as well as continued
contact once the program is over. If ever anyone presented clear,
accurate, understandable legal material (without making it so simple
that it becomes inaccurate), this is the individual.
Finally, speaking from a permissions standpoint, best practice is always
to contact the rightsholder and explain your situation. Rightsholder
sometimes have different views on museums than they do for other
non-profits. Unless you purchased the movie for your own institution,
I'd certainly ask your supplier.
Good luck!
Diane A Fagen, Copyright and Permissions Coordinator / Librarian
American Veterinary Medical Association
1931 N Meacham Rd
Schaumburg IL 60173-4360
Telephone: 847-925-8070 ext 6770
FAX: 847-925-9329
e-mail: [log in to unmask]
-----Original Message-----
From: Museum discussion list [mailto:[log in to unmask]] On
Behalf Of Hayes Scriven
Sent: Thursday, January 25, 2007 12:55 PM
To: [log in to unmask]
Subject: [MUSEUM-L] Movie nights
We are looking at starting a movie night. Can some of you that have
done these in the past tell me some of the pitfalls you have had in
developing a night like this? I am also wondering about copyright
issues, by showing a movie to the public for a price. Is that a huge
problem and if so how do you make it ok.
If you want tell me about some of your success to.
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