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Use Restrictions/Public Performance Rights and Digital Site Licenses

The purchase price of all IHF DVDs (Digital Versatile Discs) on this website are restricted to Home use only. Public Performance rights may be available for certain DVD titles. To find out which specific titles have Public Performance rights, e-mail or fax your inquiry to our order department.

We will contact you with additional payment information or provide contact details of the copyright holder who is authorized to grant Public Performance rights.

Order Department
International Historic Films, Inc.
Fax: 773-927-9211

What does "Home use only" mean?

In the case of motion pictures, including DVDs, and of other audiovisual works, one of the exclusive rights of the copyright owner is to perform or display the work publicly. Unless DVDs are sold or rented with public performance rights or are licensed for public performance, they should be considered "home use only" and should be restricted to private showings in the home to a "normal circle of family and its social acquaintances." The only exception to this is the "face-to-face teaching exemption."

What is the "face-to-face teaching exemption"?

The copyright law contains an exception which allows the lawful use of "home use only" DVDs for public performance or display without the permission of the copyright owner. Section 110 (1) of the law appears to allow the classroom use of DVD programs that have not been cleared for public performance if, and only if, all of the conditions set forth by the law are met.

Notwithstanding the provisions of section 106, the following is not an infringement of copyright: performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction, unless, in the case of a motion picture or other audiovisual work, the performance, or the display of individual images, is given by means of a copy that was not lawfully made under this title, and that the person responsible for the performance knew or had reason to believe was not lawfully made; ...

(Title 17, U.S.C., Copyrights, Section 110 (1), Limitations on exclusive rights: Exemption of certain performances and displays)

What is "public performance"?

To perform or display a work "publicly" means--
  1. to perform or display it at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered;
  2. to transmit or otherwise communicate a performance or display of the work to a place specified by clause (1) or to the public, by means of any device or process, whether the members of the public capable of receiving the performance or display receive it in the same place or in separate places and at the same time or at different times. (Title 17, U.S.C., Copyrights, Section 101, Definitions)
Public Performance Rights allow Educational and non-profit organizations to exhibit our DVD films to audiences of 50 or fewer individuals where admission is not charged.
Academic Libraries may also lend DVD films to library users.
The duration of a Public Performance license is 10 years.
Films purchased without Public Performance Rights (PPR) are restricted for individual viewing or face-to-face teaching in a classroom only. Contact our Order Department 773-927-9091 if you intend to charge an admission, expect an audience of over 50, or want to advertise a screening.

A Digital Site License (DSL) allows academic libraries to encode, host and locally stream the licensed Content over a secure single server with password protected connection to their users throughout a closed system for a term of 5 years.
Streaming access must be strictly limited to users affiliated with the school or organization. Streaming rights extensions can be negotiated with IHF after the initial 5-year term has lapsed.
Note: DSLs do not provide true broadcast rights. The rights are retained by International Historic Films, Inc. Universities and libraries are responsible for uploading the film, from DVD file (provided by licensor) to a locally hosted server themselves.

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