Re: [Videolib] Copyright question: American Playhouse Films

[Dennis Doros]

Carla,

I'm sorry, but the Google Books search is a false statement and the case
actually supports Jessica. The court allowed that Google could scan entire
books but does *not* allow the reading of an entire copyrighted entire
book. Books that are still under copyright can only be searched by users,
allowing users to read multiple *portions* that are relevant to their
searches. The fact that they can only read portions of the scans and there
was a link to purchase of the entire book was important to the judge. Also
the judge ruled that as 93% of the books were non-fiction, this was a
factor. Based on this judgement, Jessica's claim that fictional films have
to be treated differently in using their entirety seems to be very
accurate. There's a good reading of the decision here
.
Also, that decision is under appeal and I'm not sure there's been a final
decision.

I have to say that I haven't looked at the HathiTrust case and I can't now
because Amy's asking me to comment on a poster design, but it seems the
judge ruled with the exact same reasoning. That entire works can be scanned
for archival purposes, but not for the use of the entire book. Only the
search itself is allowed.

And because of DMCA, DVDs also have to be treated differently than books.
You certainly can't take a DVD and transfer it up online for use. That's
breaking the digital code and you're only allowed to do this for clips. The
use of illegal uploads on YouTube may be encouraged here as there's no
breaking of the digital code by the user, but a) I don't know if that would
be upheld in court and b) morally very questionable. And as anyone who
knows my rants on the listserv, I consider that should be part of
everybody's education and everybody's decision making. Just because you
won't be caught, or just because a court case hasn't been decided on an
issue, doesn't make it legal or ethical.

BUT!!! what discourages me is that we're back to the bad old days of this
listserv when a few (not all) are looking for ways to subvert the
foundations of the service provider when we should find ways to co-exist so
these services can continue to exist. And yes, I'm now even including the
studios along with the rest of us since they are investing large amounts of
money to restore films even for their very minor titles and they are making
them available to the public and institutions at a very reasonable price
while knowing they will lose money. (Not something studio owners and
investors really appreciate.) I was just at The Reel Thing conference and
the profit/loss of these minor titles is an issue. As for indie
distributors, I've been warning for years that it's tough times and just
because your favorite distributors haven't closed down, that doesn't mean
they won't in the coming years. Look at New Yorker Films and the loss of a
huge number of titles.






Best regards,
Dennis Doros
Milestone Film & Video
PO Box 128 / Harrington Park, NJ 07640
Phone: 201-767-3117 / Fax: 201-767-3035 / Email: milefi...@gmail.com

Visit our main website!  www.milestonefilms.com
Visit our new websites!  www.mspresents.com, www.portraitofjason.com,
www.shirleyclarkefilms.com,
To see or download our 2014 Video Catalog, click here

!


Support "Milestone Film" on Facebook
 and Twitter
!


On Fri, Aug 21, 2015 at 4:06 PM, Bergman, Barbara J <
barbara.berg...@mnsu.edu> wrote:

> Thanks Carla. Good summary.
>
>
>
> Barb Bergman | Media Services & Interlibrary Loan Librarian | Minnesota
> State University, Mankato | (507) 389-5945 | barbara.berg...@mnsu.edu
>
>
>
> *From:* videolib-boun...@lists.berkeley.edu [mailto:
> videolib-boun...@lists.berkeley.edu] *On Behalf Of *Carla Myers
> *Sent:* Friday, August 21, 2015 2:59 PM
> *To:* videolib@lists.berkeley.edu
> *Subject:* Re: [Videolib] Copyright question: American Playhouse Films
>
>
>
> Sure! Off of the top of my head I can think of three. The Google Books
> lawsuit and the HathiTrust lawsuit are also both good examples. In both
> cases the scanning of millions of books in their entirety was found to be a
> fair use. There is also the Bill Graham v. DK lawsuit, where courts found
> the republication of concert posters to be fair use.
>
> Again, I caution you to not try to limit the application of the TEACH Act
> based off of perceived limitations on the application of fair use. They are
> two different statutes and I think it's unwise to try to limit the
> application on one based off of the language of another.
>
> My view is that an instructor can always consider utilizing the TEACH Act
> for providing a copy of a work to students online, be it in part or in its
> entirety. Working through the points of compliance and

Re: [Videolib] Copyright question: American Playhouse Films

[Dennis Doros]

Almost forgot! In terms of Bill Graham vs. DK, there are also
characteristics that make that decision not applicable to audio-visual.
First, the fact that DK did not reproduce them full size was a main issue
in the decision and to quote from that decision: "Second, DK minimized the
expressive value of the reproduced images by combining them with a
prominent timeline, textual material, and original graphical artwork, to
create a collage of text and images on each page of the book. To further
this collage effect, the images are displayed at angles and the original
graphical artwork is designed to blend with the images and text." I'm sure
you can do this with Days of Heaven by popping up the paintings by Vermeer
and de la Tour on screen along with Lewis Hines photography, text from The
Book of Ruth and the writings of the Edwardian philosophers that Malick
references (more so than the claims by film professors of Heiddeger) so it
would be legal to show in the classroom, but I suspect that this is not how
films are being shown in the classroom. (However, I would gladly teach
*that* class!)

Also, the fact that the book was biographical in nature was part of the
decision again sustaining Jessica's insistence on separating fiction and
non-fiction in the eyes of the court.

Again, I don't have time to go through the entire decision but I would bet
the promotional aspects of a poster rather than the use of them as an
end-product would come into play, though Graham might have been selling the
posters as well. I don't remember if that was the case.

Now, if Jessica would only admit that 2015 is the year of the New York
Mets, harmony would reign.




Best regards,
Dennis Doros
Milestone Film & Video
PO Box 128 / Harrington Park, NJ 07640
Phone: 201-767-3117 / Fax: 201-767-3035 / Email: milefi...@gmail.com

Visit our main website!  www.milestonefilms.com
Visit our new websites!  www.mspresents.com, www.portraitofjason.com,
www.shirleyclarkefilms.com,
To see or download our 2014 Video Catalog, click here

!


Support "Milestone Film" on Facebook
 and Twitter
!


On Mon, Aug 24, 2015 at 11:39 AM, Dennis Doros  wrote:

> Carla,
>
> I'm sorry, but the Google Books search is a false statement and the case
> actually supports Jessica. The court allowed that Google could scan entire
> books but does *not* allow the reading of an entire copyrighted entire
> book. Books that are still under copyright can only be searched by users,
> allowing users to read multiple *portions* that are relevant to their
> searches. The fact that they can only read portions of the scans and there
> was a link to purchase of the entire book was important to the judge. Also
> the judge ruled that as 93% of the books were non-fiction, this was a
> factor. Based on this judgement, Jessica's claim that fictional films have
> to be treated differently in using their entirety seems to be very
> accurate. There's a good reading of the decision here
> .
> Also, that decision is under appeal and I'm not sure there's been a final
> decision.
>
> I have to say that I haven't looked at the HathiTrust case and I can't
> now because Amy's asking me to comment on a poster design, but it seems the
> judge ruled with the exact same reasoning. That entire works can be scanned
> for archival purposes, but not for the use of the entire book. Only the
> search itself is allowed.
>
> And because of DMCA, DVDs also have to be treated differently than books.
> You certainly can't take a DVD and transfer it up online for use. That's
> breaking the digital code and you're only allowed to do this for clips. The
> use of illegal uploads on YouTube may be encouraged here as there's no
> breaking of the digital code by the user, but a) I don't know if that would
> be upheld in court and b) morally very questionable. And as anyone who
> knows my rants on the listserv, I consider that should be part of
> everybody's education and everybody's decision making. Just because you
> won't be caught, or just because a court case hasn't been decided on an
> issue, doesn't make it legal or ethical.
>
> BUT!!! what discourages me is that we're back to the bad old days of this
> listserv when a few (not all) are looking for ways to subvert the
> foundations of the service provider when we should find ways to co-exist so
> these services can continue to exist. And yes, I'm now even including the
> studios along with the rest of us since they are investing large amounts of
> money to restore films even for their very minor titles and they are making
> them available to the public and institutions at a very reasonable price
> while knowing they will lose money. (Not something studio o

[Videolib] One time screening rights?

[Hooper, Lisa K]

Greetings everyone,

A quick and rough poll - how many of you will purchase one time screening 
rights for a film? If yes, how do you fund these one-time only screenings? If 
not, how do you work with faculty to help them get their own funds?

You can reply off-list, if anyone is interested I'll share the compiled results.

Thanks!
-lisa

Music & Media Librarian
Howard-Tilton Memorial Library
Tulane University
504.314.7822
@lkHMusLibrarian
www.facebook.com/TulaneMusicAndMediaCenter
http://www.library.tulane.edu/libraries/mmc
http://bamboulanola.tumblr.com/

VIDEOLIB is intended to encourage the broad and lively discussion of issues 
relating to the selection, evaluation, acquisition,bibliographic control, 
preservation, and use of current and evolving video formats in libraries and 
related institutions. It is hoped that the list will serve as an effective 
working tool for video librarians, as well as a channel of communication 
between libraries,educational institutions, and video producers and 
distributors.

Re: [Videolib] One time screening rights?

[Patricia McVay-Gorrell]

Hi Lisa,

Yes, I purchase one-time screening rights for faculty or an academic department 
who wish to show a film to the campus community as part of an organization or 
event. The requesting person or organization is responsible to financially (and 
physically) support these events. However, I process all of the paperwork, 
receive and return the dvd if we don't own it, and pay for the rights but they 
reimburse my library account.

Students must request one-time screening rights through the Student Activities 
Office.

Does that help? Take care,

Patti

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Hooper, Lisa K
Sent: Monday, August 24, 2015 2:11 PM
To: videolib@lists.berkeley.edu
Subject: [Videolib] One time screening rights?

Greetings everyone,

A quick and rough poll - how many of you will purchase one time screening 
rights for a film? If yes, how do you fund these one-time only screenings? If 
not, how do you work with faculty to help them get their own funds?

You can reply off-list, if anyone is interested I'll share the compiled results.

Thanks!
-lisa

Music & Media Librarian
Howard-Tilton Memorial Library
Tulane University
504.314.7822
@lkHMusLibrarian
www.facebook.com/TulaneMusicAndMediaCenter
http://www.library.tulane.edu/libraries/mmc
http://bamboulanola.tumblr.com/

VIDEOLIB is intended to encourage the broad and lively discussion of issues 
relating to the selection, evaluation, acquisition,bibliographic control, 
preservation, and use of current and evolving video formats in libraries and 
related institutions. It is hoped that the list will serve as an effective 
working tool for video librarians, as well as a channel of communication 
between libraries,educational institutions, and video producers and 
distributors.

Re: [Videolib] One time screening rights?

[Hooper, Lisa K]

Thanks for the information, Patti!
-lisa

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Patricia McVay-Gorrell
Sent: Monday, August 24, 2015 1:45 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] One time screening rights?

Hi Lisa,

Yes, I purchase one-time screening rights for faculty or an academic department 
who wish to show a film to the campus community as part of an organization or 
event. The requesting person or organization is responsible to financially (and 
physically) support these events. However, I process all of the paperwork, 
receive and return the dvd if we don't own it, and pay for the rights but they 
reimburse my library account.

Students must request one-time screening rights through the Student Activities 
Office.

Does that help? Take care,

Patti

From: 
videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Hooper, Lisa K
Sent: Monday, August 24, 2015 2:11 PM
To: videolib@lists.berkeley.edu
Subject: [Videolib] One time screening rights?

Greetings everyone,

A quick and rough poll - how many of you will purchase one time screening 
rights for a film? If yes, how do you fund these one-time only screenings? If 
not, how do you work with faculty to help them get their own funds?

You can reply off-list, if anyone is interested I'll share the compiled results.

Thanks!
-lisa

Music & Media Librarian
Howard-Tilton Memorial Library
Tulane University
504.314.7822
@lkHMusLibrarian
www.facebook.com/TulaneMusicAndMediaCenter
http://www.library.tulane.edu/libraries/mmc
http://bamboulanola.tumblr.com/

VIDEOLIB is intended to encourage the broad and lively discussion of issues 
relating to the selection, evaluation, acquisition,bibliographic control, 
preservation, and use of current and evolving video formats in libraries and 
related institutions. It is hoped that the list will serve as an effective 
working tool for video librarians, as well as a channel of communication 
between libraries,educational institutions, and video producers and 
distributors.

Re: [Videolib] One time screening rights?

[Sarah E. McCleskey]

I assist student groups and faculty running "film series" and the like to 
obtain one-time screening rights, but the groups or departments are responsible 
financially. I just do the legwork.

Sarah @ Hofstra

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Hooper, Lisa K
Sent: Monday, August 24, 2015 2:11 PM
To: videolib@lists.berkeley.edu
Subject: [Videolib] One time screening rights?

Greetings everyone,

A quick and rough poll - how many of you will purchase one time screening 
rights for a film? If yes, how do you fund these one-time only screenings? If 
not, how do you work with faculty to help them get their own funds?

You can reply off-list, if anyone is interested I'll share the compiled results.

Thanks!
-lisa

Music & Media Librarian
Howard-Tilton Memorial Library
Tulane University
504.314.7822
@lkHMusLibrarian
www.facebook.com/TulaneMusicAndMediaCenter
http://www.library.tulane.edu/libraries/mmc
http://bamboulanola.tumblr.com/

VIDEOLIB is intended to encourage the broad and lively discussion of issues 
relating to the selection, evaluation, acquisition,bibliographic control, 
preservation, and use of current and evolving video formats in libraries and 
related institutions. It is hoped that the list will serve as an effective 
working tool for video librarians, as well as a channel of communication 
between libraries,educational institutions, and video producers and 
distributors.

Re: [Videolib] One time screening rights?

[Bergman, Barbara J]

If we can purchase a DVD with PPR for them, we will.
If it's a rental, usually not.  I'll point them to the correct resource for 
arranging the rental (Swank, Criterion, Sony, etc), and advise student groups 
to check on funding from Student Activities.
That said, the Library has occasionally partnered with a group if they don't 
have funding and it makes sense for us to do so.

Barb Bergman | Media Services & Interlibrary Loan Librarian | Minnesota State 
University, Mankato | (507) 389-5945 | 
barbara.berg...@mnsu.edu

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Hooper, Lisa K
Sent: Monday, August 24, 2015 1:11 PM
To: videolib@lists.berkeley.edu
Subject: [Videolib] One time screening rights?

Greetings everyone,

A quick and rough poll - how many of you will purchase one time screening 
rights for a film? If yes, how do you fund these one-time only screenings? If 
not, how do you work with faculty to help them get their own funds?

You can reply off-list, if anyone is interested I'll share the compiled results.

Thanks!
-lisa

Music & Media Librarian
Howard-Tilton Memorial Library
Tulane University
504.314.7822
@lkHMusLibrarian
www.facebook.com/TulaneMusicAndMediaCenter
http://www.library.tulane.edu/libraries/mmc
http://bamboulanola.tumblr.com/

VIDEOLIB is intended to encourage the broad and lively discussion of issues 
relating to the selection, evaluation, acquisition,bibliographic control, 
preservation, and use of current and evolving video formats in libraries and 
related institutions. It is hoped that the list will serve as an effective 
working tool for video librarians, as well as a channel of communication 
between libraries,educational institutions, and video producers and 
distributors.

Re: [Videolib] One time screening rights?

[Susan Albrecht]

We handle things almost identically to what Patricia does at Wooster.

Since we are a small campus, I try to encourage everyone to consider me as the 
liaison/campus contact for PPR.  I like that because: 1) it helps to develop 
consistency re: process and what's permissible (and not!); 2) where discounts 
come into play for volume (e.g., Swank MP), it's easier to realize those if 
there is ONE account for the campus, rather than each student group or faculty 
member setting up an account; and 3) having one person working on all of the 
licensing can prevent scheduling conflicts on the campus calendar, thus helping 
to avoid frustrations over big bucks spent for lousy attendance.

I do have a form for reps for student groups to complete with screening 
particulars, contact into, account number to charge, etc., and it works pretty 
well.

Susan

Susan Albrecht
Library Media Acquisitions Manager
Graduate Fellowship Advisor
Wabash College Lilly Library
765-361-6216 (acquisitions)
765-361-6297 (fellowships)
765-361-6295 fax
albre...@wabash.edu
www.facebook.com/wabashcollegelibrary.films
http://pinterest.com/wabashcolllib/

***
"If you choose not to decide, you still have made a choice." --Neil Peart
***

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Patricia McVay-Gorrell
Sent: Monday, August 24, 2015 2:45 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] One time screening rights?

Hi Lisa,

Yes, I purchase one-time screening rights for faculty or an academic department 
who wish to show a film to the campus community as part of an organization or 
event. The requesting person or organization is responsible to financially (and 
physically) support these events. However, I process all of the paperwork, 
receive and return the dvd if we don't own it, and pay for the rights but they 
reimburse my library account.

Students must request one-time screening rights through the Student Activities 
Office.

Does that help? Take care,

Patti

From: 
videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Hooper, Lisa K
Sent: Monday, August 24, 2015 2:11 PM
To: videolib@lists.berkeley.edu
Subject: [Videolib] One time screening rights?

Greetings everyone,

A quick and rough poll - how many of you will purchase one time screening 
rights for a film? If yes, how do you fund these one-time only screenings? If 
not, how do you work with faculty to help them get their own funds?

You can reply off-list, if anyone is interested I'll share the compiled results.

Thanks!
-lisa

Music & Media Librarian
Howard-Tilton Memorial Library
Tulane University
504.314.7822
@lkHMusLibrarian
www.facebook.com/TulaneMusicAndMediaCenter
http://www.library.tulane.edu/libraries/mmc
http://bamboulanola.tumblr.com/

VIDEOLIB is intended to encourage the broad and lively discussion of issues 
relating to the selection, evaluation, acquisition,bibliographic control, 
preservation, and use of current and evolving video formats in libraries and 
related institutions. It is hoped that the list will serve as an effective 
working tool for video librarians, as well as a channel of communication 
between libraries,educational institutions, and video producers and 
distributors.

[Videolib] MPLC and streaming

[Laura Jenemann]

Hi Videolib,

I'm wondering if any fellow librarians can contact me offlist with information 
regarding experiences with MPLC and streaming.

Thank you for your help!

Regards,
Laura

Laura Jenemann
Media, Film Studies, and Dance Librarian
George Mason University
703-993-7593
ljene...@gmu.edu

VIDEOLIB is intended to encourage the broad and lively discussion of issues 
relating to the selection, evaluation, acquisition,bibliographic control, 
preservation, and use of current and evolving video formats in libraries and 
related institutions. It is hoped that the list will serve as an effective 
working tool for video librarians, as well as a channel of communication 
between libraries,educational institutions, and video producers and 
distributors.

[Videolib] Civil Rights Archives/Collections/Libraries

[fellini49]

Good Afternoon,
I am hoping that a master/federated  guide has been published online pertaining 
to the above, specifically, of course, for visual media. However, I am happy to 
learn of any union list of civil rights holdings.
Thanks so much for your expertise.

Lisa 
Flanzraich
 
Media and Reference Librarian
Benjamin S. Rosenthal
Library
Queens College
65-30 Kissena Blvd.
Flushing , NY
11367
718-997-3673
Room 344
 

VIDEOLIB is intended to encourage the broad and lively discussion of issues 
relating to the selection, evaluation, acquisition,bibliographic control, 
preservation, and use of current and evolving video formats in libraries and 
related institutions. It is hoped that the list will serve as an effective 
working tool for video librarians, as well as a channel of communication 
between libraries,educational institutions, and video producers and 
distributors.

Re: [Videolib] One time screening rights?

[Metz, Winifred F]

Like Barb and Sarah, I help faculty and student groups. Sometimes curating, 
other times just connecting them to films, directors, companies like Swank and 
helping them put panels together.  Typically, the groups are responsible for 
paying any associated public performance rights.

Winifred Fordham Metz
Head, Media Resources Center
University of North Carolina at Chapel Hill
919.962.4099



On Aug 24, 2015, at 3:07 PM, Bergman, Barbara J 
mailto:barbara.berg...@mnsu.edu>> wrote:

If we can purchase a DVD with PPR for them, we will.
If it’s a rental, usually not.  I’ll point them to the correct resource for 
arranging the rental (Swank, Criterion, Sony, etc), and advise student groups 
to check on funding from Student Activities.
That said, the Library has occasionally partnered with a group if they don’t 
have funding and it makes sense for us to do so.

Barb Bergman | Media Services & Interlibrary Loan Librarian | Minnesota State 
University, Mankato | (507) 389-5945 | 
barbara.berg...@mnsu.edu

From: 
videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Hooper, Lisa K
Sent: Monday, August 24, 2015 1:11 PM
To: videolib@lists.berkeley.edu
Subject: [Videolib] One time screening rights?

Greetings everyone,

A quick and rough poll – how many of you will purchase one time screening 
rights for a film? If yes, how do you fund these one-time only screenings? If 
not, how do you work with faculty to help them get their own funds?

You can reply off-list, if anyone is interested I’ll share the compiled results.

Thanks!
-lisa

Music & Media Librarian
Howard-Tilton Memorial Library
Tulane University
504.314.7822
@lkHMusLibrarian
www.facebook.com/TulaneMusicAndMediaCenter
http://www.library.tulane.edu/libraries/mmc
http://bamboulanola.tumblr.com/

VIDEOLIB is intended to encourage the broad and lively discussion of issues 
relating to the selection, evaluation, acquisition,bibliographic control, 
preservation, and use of current and evolving video formats in libraries and 
related institutions. It is hoped that the list will serve as an effective 
working tool for video librarians, as well as a channel of communication 
between libraries,educational institutions, and video producers and 
distributors.

VIDEOLIB is intended to encourage the broad and lively discussion of issues 
relating to the selection, evaluation, acquisition,bibliographic control, 
preservation, and use of current and evolving video formats in libraries and 
related institutions. It is hoped that the list will serve as an effective 
working tool for video librarians, as well as a channel of communication 
between libraries,educational institutions, and video producers and 
distributors.

Re: [Videolib] One time screening rights?

[Deg Farrelly]

ASU is nearly identical to what Barb does at Minnesota.  This may be a
matter of institutional size, with smaller institution libraries more
likely to cover the cost.

I have tentatively proposed that the ASU Libraries take on this
responsibility for all.

We have a policy page posting information on PPR:
https://lib.asu.edu/policies/publicperformance


deg farrelly
Media Librarian/Streaming Video Administrator
Arizona State University Libraries
Tempe, AZ  85287-1006
602.332.3103



On 8/24/15, 12:42 PM, "videolib-requ...@lists.berkeley.edu"
 wrote:

>
>If we can purchase a DVD with PPR for them, we will.
>If it's a rental, usually not.  I'll point them to the correct resource
>for arranging the rental (Swank, Criterion, Sony, etc), and advise
>student groups to check on funding from Student Activities.
>That said, the Library has occasionally partnered with a group if they
>don't have funding and it makes sense for us to do so.
>
>Barb Bergman | Media Services & Interlibrary Loan Librarian | Minnesota
>State University, Mankato | (507) 389-5945 |
>barbara.berg...@mnsu.edu
>


VIDEOLIB is intended to encourage the broad and lively discussion of issues 
relating to the selection, evaluation, acquisition,bibliographic control, 
preservation, and use of current and evolving video formats in libraries and 
related institutions. It is hoped that the list will serve as an effective 
working tool for video librarians, as well as a channel of communication 
between libraries,educational institutions, and video producers and 
distributors.

Re: [Videolib] Copyright question: American Playhouse Films

[Carla Myers]

Hi, Dennis
While users of Google Books can only see snippets of the work Google did have 
to scan the entire books in order to make their search engine work. Judge Chin 
states in his Google Books 
ruling
  "Here, as one of the keys to Google Books is its offering of full-text search 
of books, full-work reproduction is critical to the functioning of Google 
books." In the HathiTrust 
ruling Judge Baer 
states "Here, entire copies were necessary to fulfill Defendants' purposes of 
facilitation of searches and access for print-disabled individuals."

The Federal Circuit Court ruling in Chamberlain v. Skylink can help provide 
some guidance on the application of the DMCA in certain situations. The 
ruling
 states that:
Underlying Chamberlain's argument on appeal that it has not granted such 
authorization lies the necessary assumption that Chamberlain is entitled to 
prohibit legitimate purchasers of its embedded software from "accessing" the 
software by using it. Such an entitlement, however, would go far beyond the 
idea that the DMCA allows copyright owner to prohibit "fair uses . . . as well 
as foul." Reimerdes, 111 F. Supp. 2d at 304. Chamberlain's proposed 
construction would allow copyright owners to prohibit exclusively fair uses 
even in the absence of any feared foul use. It would therefore allow any 
copyright owner, through a combination of contractual terms and technological 
measures, to repeal the fair use doctrine with respect to an individual 
copyrighted work-or even selected copies of that copyrighted work. Again, this 
implication contradicts § 1201(c)(1) directly. Copyright law itself authorizes 
the public to make certain uses of copyrighted materials. Consumers who 
purchase a product containing a copy of embedded software have the inherent 
legal right to use that copy of the software. What the law authorizes, 
Chamberlain cannot revoke.
To me this language seems to indicate that the DMCA does not apply to uses that 
are authorized under the law, and here they specifically cite fair uses.

To reply to your final paragraph I'll say that I know a lot of the librarians 
who subscribe to this list and, through my relationships with them, can vouch 
that they are honest, hardworking professionals who are eager to act within the 
law. I like to think of myself as being a member of that group. While I am a 
champion for the application of the copyright exemptions I'm also an ardent 
supporter of the rights bestowed to creators under the law and, as many folks 
here at UCCS could tell you, I have no hesitations in letting students and 
faculty members know when I think they should obtain permission or a license to 
reuse a work. I agree that it would be nice if everyone could coexist 
peacefully with these exemptions as we all utilize them. Publishers print books 
and articles that contain images and quotes that are reused under the auspices 
of fair use. Filmmakers pull works from the public domain to make feature 
films. Documentary filmmakers can utilize their Statement of Best Practices in 
Fair 
Use
 when making a film. Musicians utilize fair use to make parodies of songs. Many 
types of artists make transformative new works by building upon the work of 
others. I  love cheering these folks on as I see these applications of the 
exemptions as fulfilling the mission of copyright law, which our Constitution 
identifies as "promoting the progress of the sciences and useful arts." Given 
the ways my many of librarian friends and I support others in taking advantage 
of these exemptions my heart always breaks a little when I see librarians 
disparaged and denounced for considering them when trying to provide our 
patrons with access to works.

Are there folks out there knowing and intentionally violating the law? 
Definitely. Do I condone their actions? Absolutely not. For those folks who are 
eager to follow the law, be it a librarian or anyone else, I personally don't 
see the application of the copyright exemptions as a being a subversive act so 
long as the law is thoughtfully applied and the user is prepared to obtain 
permission or a license to use the work if the exemption does not fit the 
situation.

Ok! I'm really am done now! I encourage all of you to continue this discussion, 
but I'm officially bowing out of this one.

Best,
Carla



From: 
videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Dennis Doros
Sent: Monday, August 24, 2015 9:39 AM
To: Video Library questions
Subject: Re: [Videolib] Copyright question: American Pl

Re: [Videolib] One time screening rights?

[Carla Myers]

Here at UCCS I assist students and faculty in contacting vendors to obtain 
one-time screening rights but the library does not cover the cost of the 
license, it is up to the student group or the faculty member's department to 
pay the bill.

Oftentimes the library will purchase documentary films with PPR so that they 
can be easily screened on campus.

Best,
Carla

Assistant Professor
Faculty Director of Access Services and Scholarly Communications
Kraemer Family Library
The University of Colorado at Colorado Springs
719-255-3908

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Hooper, Lisa K
Sent: Monday, August 24, 2015 12:11 PM
To: videolib@lists.berkeley.edu
Subject: [Videolib] One time screening rights?

Greetings everyone,

A quick and rough poll - how many of you will purchase one time screening 
rights for a film? If yes, how do you fund these one-time only screenings? If 
not, how do you work with faculty to help them get their own funds?

You can reply off-list, if anyone is interested I'll share the compiled results.

Thanks!
-lisa

Music & Media Librarian
Howard-Tilton Memorial Library
Tulane University
504.314.7822
@lkHMusLibrarian
www.facebook.com/TulaneMusicAndMediaCenter
http://www.library.tulane.edu/libraries/mmc
http://bamboulanola.tumblr.com/

VIDEOLIB is intended to encourage the broad and lively discussion of issues 
relating to the selection, evaluation, acquisition,bibliographic control, 
preservation, and use of current and evolving video formats in libraries and 
related institutions. It is hoped that the list will serve as an effective 
working tool for video librarians, as well as a channel of communication 
between libraries,educational institutions, and video producers and 
distributors.

Re: [Videolib] Copyright question: American Playhouse Films

[Dennis Doros]

Sorry, once again:

1) The Google decision allowed them to copy the whole work, but not to use
or have used its entirety. Only portions. Enough said.

2) With Chamberlain vs. Skylink, Chamberlain lost because it neither
alleged copyright infringement nor explained how the access provided by the
transmitter facilitated the infringement of any right that the Copyright
Act protects. It's was for the use a universal garage door opener and
therefore did not have to do with with copyright. That's why the DMCA
complaint was overturned.

3) American Broadcasting Companies v. Aereo, Universal City Studios, Inc.
v. Reimerdes, RealNetworks, Inc. v. DVD Copy Control Ass'n, Inc.
​,
MGM Studios, Inc. v. 321 Studios
​ and
DVD Copy Control Ass'n, Inc. v. Kaleidescape, Inc.
​
 ​
are much better guides to DMCA use than Chamberlain vs. Skylink because
they deal with DVD and copyright.


Best regards,
Dennis Doros
Milestone Film & Video
PO Box 128 / Harrington Park, NJ 07640
Phone: 201-767-3117 / Fax: 201-767-3035 / Email: milefi...@gmail.com

Visit our main website!  www.milestonefilms.com
Visit our new websites!  www.mspresents.com, www.portraitofjason.com,
www.shirleyclarkefilms.com,
To see or download our 2014 Video Catalog, click here

!


Support "Milestone Film" on Facebook
 and Twitter
!


On Mon, Aug 24, 2015 at 6:25 PM, Carla Myers  wrote:

> Hi, Dennis
>
> While users of Google Books can only see snippets of the work Google did
> have to scan the entire books in order to make their search engine work.
> Judge Chin states in his Google Books ruling
> 
> “Here, as one of the keys to Google Books is its offering of full-text
> search of books, full-work reproduction is critical to the functioning of
> Google books.” In the HathiTrust ruling
>  Judge Baer
> states “Here, entire copies were necessary to fulfill Defendants’ purposes
> of facilitation of searches and access for print-disabled individuals.”
>
>
>
> The Federal Circuit Court ruling in Chamberlain v. Skylink can help
> provide some guidance on the application of the DMCA in certain situations.
> The ruling
> 
> states that:
>
> Underlying Chamberlain’s argument on appeal that it has not granted such
> authorization lies the necessary assumption that Chamberlain is entitled to
> prohibit legitimate purchasers of its embedded software from “accessing”
> the software by using it. Such an entitlement, however, would go far beyond
> the idea that the DMCA allows copyright owner to prohibit “fair uses . . .
> as well as foul.” Reimerdes, 111 F. Supp. 2d at 304. Chamberlain’s
> proposed construction would allow copyright owners to prohibit exclusively
> fair uses even in the absence of any feared foul use. It would therefore
> allow any copyright owner, through a combination of contractual terms and
> technological measures, to repeal the fair use doctrine with respect to an
> individual copyrighted work—or even selected copies of that copyrighted
> work. Again, this implication contradicts § 1201(c)(1) directly. Copyright
> law itself authorizes the public to make certain uses of copyrighted
> materials. Consumers who purchase a product containing a copy of embedded
> software have the inherent legal right to use that copy of the software.
> What the law authorizes, Chamberlain cannot revoke.
>
> To me this language seems to indicate that the DMCA does not apply to uses
> that are authorized under the law, and here they specifically cite fair
> uses.
>
>
>
> To reply to your final paragraph I'll say that I know a lot of the
> librarians who subscribe to this list and, through my relationships with
> them, can vouch that they are honest, hardworking professionals who are
> eager to act within the law. I like to think of myself as being a member of
> that group. While I am a champion for the application of the copyright
> exemptions I’m also an ardent supporter of the rights bestowed to creators
> under the law and, as many folks here at UCCS could tell you, I have no
> hesitations in letting students and faculty members know when I think they
> should obtain permission or a license to reuse a work. I agree that it
> would be nice if everyone could coexist peacefully with these exemptions as
> we all utilize them. Publishers print books and articles that contain
> images and quotes that are reused under the auspices of fair use.
> Filmmakers pull works from the public domain to make feature films.
> Documentary filmmakers can utilize their Statement of Best Practices in
> Fair Use
>