Questions and Answers about
Copyright for Non-Print Material:
The following are commonly asked questions about copyright rules concerning the use of non-print material such as videotapes, DVDs, audio disks, and audio cassettes in schools/organizations. The responses which accompany the questions are intended only to make you more aware of your responsibilities under the copyright law and do not constitute legal advice.
What is the definition of a “home video sale”?
“Home Video Sale” shall mean the release of the Programs to Customer for Customer’s personal use or with friends or family only. NO PUBLIC PERFORMANCE OF THE PROGRAMS IS PERMITTED, except that permitted under the “face-to-face” exemption (Section 110 (1)) of the U.S. Copyright Law. A public performance is any performance which occurs outside of the home, or at any place where people are gathered who are not family members, such as in a school, library, business or group meeting.
What are Public Performance Rights?
Under The Copyright Act any viewing or exhibition of a video in a public place (schools, organizations and businesses are considered public places) must have Public Performance Rights (PPR). PPR rights can be added into the cost of the video at the time of purchase. Written confirmation of permission must be obtained from the copyright holder and kept on file
What is the penalty for illegally using copyrighted materials in a classroom school, organization or business?
The Copyright Act states that a person found guilty of infringement of public performance, may be fined or imprisoned or both. Willful infringement is a federal crime carrying a maximum sentence of up to one year in jail and/or a $100,000 fine. Even inadvertent infringements are subject to substantial civil damages, ranging from $500 to $20,000 for each illegal showing.
Who is held accountable when the copyright law is broken in a classroom, school, organization or business?
Ignorance of the law is not a defense. Many people can be held accountable when breaking The Copyright Act. For example, the school’s principal, the teacher, the media technician and the school board can all be held liable, depending on their involvement. Every individual “involved” in the violation is liable.
How do I know if a video has public performance rights?
Most videos sold by institutional/educational vendors have PPR. Most videos sold by non-educational/institutional vendors do not have PPR included in the original selling price.
If you are unsure whether videos purchased by your school/organization have PPR, check with the vendor. If the vendor indicates in writing that you have PPR for the video, keep this on record. If your vendor indicates that you have not purchased PPR for the particular title, then you must purchase PPR or stop using the video.
Can I show students, employees or members a video bought or rented from a local video store?
You can show these only if your school/organization has purchased a site license. These licenses will give your school/organization the Public Performance Rights to show videos.
Can a school have a library of acquired or donated tapes or DVDs and loan these tapes or DVDs to students for home viewing?
Yes, a school can have a circulating video library. This means that a student can take the video home to view and then return it to the school. Please be aware that if this policy is in place, you must indicate on the DVD that it is a home use loan copy only. Not doing so is a violation of copyright. Individual students, groups of students, or entire classes cannot view a video which is labeled for home use loan at school.
Closed Circuit Rights are included as a part of the pubic performance rights as long as closed-circuit transmission is restricted to a single campus or location. For multiple locations, call El Pozo Productions.
Quantity Discounts are available for large purchases. Call El Pozo Productions for information and pricing. Discounts, and some special services, are not applicable outside the United States.
USE OF THE BORINQUENEERS STUDY GUIDE
|The full 22-page Study Guide is provided free of charge when you purchase the educational rights of THE BORINQUENEERS through THE CINEMA GUILD at firstname.lastname@example.org or call them at (800) 723-5522. A Spanish version of the Study Guide is also available.||This Study Guide was made possible by a grant from Verizon Communications in conjunction with The Latina Women’s Council of Mercer County, Inc. of New Jersey.|
To view a sample page, click on the Study Guide icon above to download the Quick Glance one-page student guide in PDF format. You will need the latest Acrobat reader software.
The educational Study Guide is for use in grades 9th to 12th and at the collegiate level and may be used in several educational disciplines such as History, Social Studies, Civics and Community Service, Language Arts, Political Science, Humanities, and in JROTC / ROTC programs. Designed to assist educators by providing seven comprehensive lesson plans on specific themes for use with the film, The Borinqueneers, the Guide also includes:
- Chapter Summaries which correspond to the Scene Selection feature of the DVD
- A Roll Call containing the names and photos of the veterans and historians who appear in the film.
- A sampling of quotes from the veterans and a vocabulary list of military terms used in the film.
- A brief historical background of Puerto Rico and Korea.
- A Quick Glance one-page student guide which can be used for the viewing and general discussion of the film in a shorter time frame.
The purchase of this video program entitles the user to the right to reproduce or duplicate, in whole or in part, the Study Guide for the purpose of teaching in conjunction with this program, THE BORINQUENEERS. This right is restricted only for use with this program. Any reproduction or duplication in whole or in part of this guide and the handouts for any purpose other than for use with this program is prohibited.
Your suggestions and recommendations are welcome to improve the Study Guide. We also welcome feedback and comments from educators or individuals who have used the Study Guide in order for us to determine its effectiveness.
Contact the Cinema Guild or El Pozo Productions if you are interested in the rental or sale of THE BORINQUENEERS for universities, schools, museums, libraries, businesses and community groups OR to report a copyright violation.
If you have questions or comments not covered here, feel free to contact El Pozo Productions at contact @borinqueneers.com or call 1-914-525-4651 between the hours of 9am and 6pm, Eastern Standard Time.