Might Flava Works, Inc. v. Gunter be helpful? The case addressed embedded videos and contributory infringement. http://scholar.google.com/scholar_case?case=1140687521579547092&hl=en&as_sdt=6&as_vis=1&oi=scholarr
http://en.wikipedia.org/wiki/Flava_Works_Inc._v._Gunter "Did the Flava Works decision create a copyright loophole for online video?" http://www.tmtperspectives.com/2012/10/22/did-the-flava-works-decision-create-a-copyright-loophole-for-online-video/ "Flava Works v Gunter: Injunction Vacated" http://www.copyhype.com/2012/08/flava-works-v-gunter-injunction-vacated/ ___________________________________________ Laura McNamara, MSLS Electronic Resources Librarian Center for Teaching and Learning and the Scott Memorial Library Thomas Jefferson University 1020 Walnut St., Philadelphia, PA 19107 Phone: (215) 503-5203 Fax: (215) 503-4793 -----Original Message----- From: Code for Libraries [mailto:CODE4LIB@LISTSERV.ND.EDU] On Behalf Of Simon Spero Sent: Wednesday, December 03, 2014 11:28 AM To: CODE4LIB@LISTSERV.ND.EDU Subject: Re: [CODE4LIB] Streaming Copyrighted material Aereo[1] makes clear that viewing streamed material is a performance . «In 1976 Congress amended the Copyright Act in large part to reject the Court's holdings in *Fortnightly* and *Teleprompter.* See H.R.Rep. No. 94-1476, pp. 86-87 (1976) (hereinafter H.R. Rep.) (The 1976 amendments "completely overturned" this Court's narrow construction of the Act in *Fortnightly* and *Teleprompter*). Congress enacted new language that erased the Court's line between broadcaster and viewer, in respect to "perform[ing]" a work. The amended statute clarifies that to "perform" an audiovisual work means "to show its images in any sequence or to 2506 <http://scholar.google.com/scholar_case?q=+Aereo+&hl=en&as_sdt=4,60&as_ylo=2010&as_vis=1&case=12966915270831588740&scilh=0#p2506> *2506 <http://scholar.google.com/scholar_case?q=+Aereo+&hl=en&as_sdt=4,60&as_ylo=2010&as_vis=1&case=12966915270831588740&scilh=0#p2506>make the sounds accompanying it audible." § 101; see *ibid.* (defining "[a]udiovisual works" as "works that consist of a series of related images which are intrinsically intended to be shown by the use of machines..., together with accompanying sounds"). Under this new language, *both* the broadcaster *and* the viewer of a television program "perform," because they both show the program's images and make audible the program's sounds. See H.R. Rep., at 63 ("[A] broadcasting network is performing when it transmits [a singer's performance of a song] ... and any individual is performing whenever he or she ... communicates the performance by turning on a receiving set").» http://scholar.google.com/scholar_case?q=+Aereo+&hl=en&as_sdt=4,60&as_ylo=2010&as_vis=1&case=12966915270831588740&scilh=0 On Dec 3, 2014 10:47 AM, "Notess, Mark" <mnot...@iu.edu> wrote: > I'm sure none of us wants to get sued or fired. So caution is > understandable, especially as individuals. As institutions, always > erring on the side of caution is a recipe for steady erosion of fair > use, public domain, and other rights. Libraries should be at the > forefront of protecting those rights, and, where possible, expanding them. > > Best, > > Mark > -- > Mark Notess > Head, User Experience and Digital Media Services Library Technologies > Indiana University Bloomington Libraries > +1.812.856.0494 > mnot...@iu.edu > > > > > On 12/2/14, 10:25 PM, "Riley Childs" <rchi...@cucawarriors.com> wrote: > > >First: Technically when you stream a video a portion of the video is > >local, so it wouldn't necessarily be legal for the viewer either. > > > >Second: Regardless of legality streaming copyrighted content without > >a license or payment is a morally grey area. And most AUP at > >universities specifically exclude use of the network to provide > >access to content if that content is not properly licensed. > > > >I always err on the side of caution with this sort of stuff. > >Licensing is tricky regardless of application. > > > >And yes i have absolutely faced these questions from both an IT > >Capacity and a librarian capacity. > >//Riley > > > >Sent from my Windows Phone > > > >-- > >Riley Childs > >Senior > >Charlotte United Christian Academy > >Library Services Administrator > >IT Services Administrator > >(704) 537-0331x101 > >(704) 497-2086 > >rileychilds.net > >@rowdychildren > >I use Lync (select External Contact on any XMPP chat client) > >________________________________ > >From: Cornel Darden Jr.<mailto:corneldarde...@gmail.com> > >Sent: ?12/?2/?2014 10:00 PM > >To: CODE4LIB@LISTSERV.ND.EDU<mailto:CODE4LIB@LISTSERV.ND.EDU> > >Subject: [CODE4LIB] Streaming Copyrighted material > > > >Hello, > > > >Is streaming (viewing online) copyrighted material illegal for > >individuals. According to the copyright.gov website this seems to be > >completely legal for the viewer when there isn't a copy of the work > >on the viewers computer. It only mentions hosting streams as being a > >misdemeanor, even if there isn't any profit. > > > >This is becoming a huge issue as more content consumers become cord > >cutters. Has any librarians faced these questions? > > > >I am planning on implementing Kodi in my library, but will only make > >public domain material accessible. Kodi provides an excellent user > >interface for organizing and viewing public domain material. > > > >Thanks, > > > >Cornel Darden Jr. > >MSLIS > >Library Department Chair > >South Suburban College > >7087052945 > > > >"Our Mission is to Serve our Students and the Community through > >lifelong learning." > > > >Sent from my iPhone > The information contained in this transmission contains privileged and confidential information. It is intended only for the use of the person named above. 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