Frequently Asked Questions Regarding Duplication, Licensing, and Public Performance of Videotapes

Under what conditions may we duplicate copies of DVDs for educational use only?

All DVDs sold or rented by us are protected by international copyright law. No videotape in our collection may be duplicated, altered, broadcast, electronically transmitted, digitized, edited, or shown where an admission fee is charged without our prior written permission. Violation of copyright law is a federal crime; it is also unethical.

Customers who need additional copies of videos purchased from us may take advantage of our special “backup” video pricing, or may purchase a duplication license from us. Our special “backup” video pricing enables you to purchase DVD copies of any title you have previously purchased at list price from us for either $75 or $95 per additional copy, depending on the title. This ensures that all of your copies are of premium quality. If you prefer to make copies yourself, you may obtain a duplication license from us.

Our duplication license fee is $50 per copy. Please note that if you require a large number of copies, we can accommodate your needs through a licensing agreement that permits volume duplication at reduced rates.

May we make an archival copy?

No, we do not allow copying for archival purposes. However, we offer our customers several options for obtaining additional copies of titles purchased from us at reduced fees. Please see the previous question.

Are Public Performance Rights included with the purchase price?

Yes, but only nontheatrical public performance rights. By nontheatrical public performance rights, we mean any noncommercial exhibition to a group for educational purposes. Showings where an admission fee is charged require a special license and, often, a licensing fee.

Permitted screenings include face-to-face teaching in a setting where such teaching normally takes place. They also include library carrels and the like, so that a professor can put a video “on reserve” in the library for student viewing after class.

In addition, noncommercial screenings of a DVD are permitted at public places with or without the presence of instructors, even outside of regular, systematic instructional activity.

However, nontheatrical public performance rights do not include the right to transmit videos by analog or digital means by broadcast, open-cable, direct-broadcast satellite, the internet, streaming, or any “open to the general public” means, nor to any off-campus or distance-learning site, without our prior written permission.

May we show DVDs on an educational closed-circuit TV channel within our institution or school site?

We allow closed-circuit dissemination within your institution provided that it is used solely for face-to-face teaching purposes in places where face-to-face teaching normally occurs: e.g., classrooms or lecture halls. Closed-circuit use in places not normally used for face-to-face teaching — such as dormitory rooms, cafeterias, or student lounges — is not permitted unless a special license is obtained.

Similarly, closed-circuit transmission to another campus or distance-learning site normally requires a separate license and license fee.

May we show DVDs on an educational TV channel on a community cable system?

No. Such showing is not legal unless a special TV license is purchased from us.

May we stream DVDs for distance learning purposes or courses?

The streaming of videos in distance learning courses can be very complicated and almost always requires that we know precisely how you intend to use the work, its method of transmission, the nature of the distance learning course, etc. Normally a digitization and streaming license will be necessary. See our Streaming License Information. You should always email us with the particulars of your situation to inquire whether a license or fee is required before using one of our titles in any distance-learning course.

May we make copies for the purposes of closed and/or open captioning?

Such copying is allowed, for use at your institution only, but you must first obtain a special license from us. Normally we do not charge a fee for this type of license.

May we circulate titles to other institutions through interlibrary loan?

Yes. We do not require any license for interlibrary loans, as long as the copy you are loaning has been purchased from us and the institution you are loaning the video to understands and observes the copyright restrictions outlined in this document.

Whom may I call or contact for more information about special licenses and duplication?

Please email us at info@berkeleymedia.com. You may also call us at 510-486-9900.

How long are the above policies in effect?