RE: showing rental videos

["McDonald, David" <dmcdonald@xxxxxxxxxx>]

Isn't this begging the question a little?  This isn't a fair use if you're
planning to show the entire film in class.

I think a lot of people see this situation as gray. The question on the
surface is: Is it legal to show a rental tape in the classroom? Of course it
is. For years we been showing rented films, video, etc., from commercial
distributors like Swank, Canyon, etc., in order to have access to things we
don't own, or when we can't justify the purchase. Those materials are made
available by the distributors specifically for this purpose.  The rental fee
for 'Trainspotting' from a commercial rental house is going to be higher than
the $3.99 from Blockbuster.  Why? Because it includes a license to show the
entire film in the classroom. If you intend to show it in another context, say
a film forum, the license will be for public performance with a still higher
fee.

The real question here is: 'Is the copyright statement on the rental store
video or DVD valid when it says 'Not intended for public performance' or 'For
private home viewing only'? I've always thought so, and I usually recommend
our faculty avoid using rental store videos for in class viewing.


David McDonald, Special Assistant
Office of the Provost
Towson University
8000 York Rd.
Towson MD 21252-1000
PH: 410-704-4488
FAX: 410-704-3129