Re: [CODE4LIB] Streaming Copyrighted material
Sorry this took so long but been having a bunch of computer problems. Instead of trying to reply to bits of this I’m going to try to be more comprehensive. First thing is to understand a few things. The streaming aspect is far less important than where you are transfering it from and to. You have far more flexibility within the building then you do publicly over the internet. Just as an individual for personal use has more flexibility than a public corporation. This is where Areo tried to slide in and the Court disagreed with them. And libraries tend to fall somewhere in there having special exemptions to copyright granted by Congress but the laws don’t cover modern technical details. As long as you act in good faith you or your library will not get sued for two reasons. Firstly standard operating procedure is to send a cease and desist letter. So if you do skirt the limits realize it can happen and comply and then tell us what you did and what it said so the broader library community can decide where they stand. Secondly one of the last things a major content company wants is to sue a library. One thing that was clearly shown during surveys of people over the last few years is that while lots of people don’t actively use their library the public support for them is still very high. Thirdly they don’t want to sue a library because if they lose every library in the country will know what it can and cannot implement. And if they win they will face a legislative fight to expand what libraries can do. They are served far better by there not being clear rules, especially because librarians fear far more than they should. Part of this sort of thing in the long run is about managing bandwidth, with streaming video sucking up more and more bandwidth finding ways of controlling it will be useful. Luckily Netflix has been working on an appliance to help everyone with this but I’d imagine it will be a few years before it gets down to a library level unless someone comes up with a completely open source solution we can implement ourselves. Someone mentioned network TV which brings up the really interesting space. There is an argument to be made that providing access to access to content freely available to the public. While you clearly could not stream it to other locations the software and hardware is readily available. So the question is does anyone know of any court cases or LOC/copyright guidelines from back in the days of VCR about libraries recording shows on video tape and providing access to those tapes. The other thing to consider as a community is developing a catalog of videos that would be good to keep on servers in libraries that can be downloaded so they are more readily accessible without killing the libraries bandwidth. Brent Sent from Windows Mail From: Cornel Darden Jr. Sent: Tuesday, December 2, 2014 8:59 PM To: CODE4LIB@LISTSERV.ND.EDU 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
Re: [CODE4LIB] Streaming Copyrighted material
Hi all, Agreed with Brent regarding a cease and desist order coming long before any legal action, and agreed with Simon that under Aereo, and previous decisions, streaming is a performance and not distribution. FWIW I'm fairly certain that between the educational exemption for performance and display (Section 110(1)) and the fair use test (Section 107) libraries are on solid ground when streaming video through a third-party app (aren't you always through a browser?). The portion of the video saved temporarily on your local device is not infringement - the Cablevision decision carved out space for that and I don't believe Aereo changed that. Aereo was more about how transparently and frankly cynically they were adhering to the letter and not the spirit of the law to get around transmission fees, not whether caching is an act of piracy. If Kodi is simply providing a platform for accessing streaming content that is either made free on the web or for which the library has purchased an appropriate license/subscription (i.e. institutional not individual use), using Kodi or XBMC or some other tool as a discovery tool seems non-problematic. Dave On Mon, Dec 8, 2014 at 2:30 AM, Brent Hanner behan...@mediumaevum.com wrote: Sorry this took so long but been having a bunch of computer problems. Instead of trying to reply to bits of this I’m going to try to be more comprehensive. First thing is to understand a few things. The streaming aspect is far less important than where you are transfering it from and to. You have far more flexibility within the building then you do publicly over the internet. Just as an individual for personal use has more flexibility than a public corporation. This is where Areo tried to slide in and the Court disagreed with them. And libraries tend to fall somewhere in there having special exemptions to copyright granted by Congress but the laws don’t cover modern technical details. As long as you act in good faith you or your library will not get sued for two reasons. Firstly standard operating procedure is to send a cease and desist letter. So if you do skirt the limits realize it can happen and comply and then tell us what you did and what it said so the broader library community can decide where they stand. Secondly one of the last things a major content company wants is to sue a library. One thing that was clearly shown during surveys of people over the last few years is that while lots of people don’t actively use their library the public support for them is still very high. Thirdly they don’t want to sue a library because if they lose every library in the country will know what it can and cannot implement. And if they win they will face a legislative fight to expand what libraries can do. They are served far better by there not being clear rules, especially because librarians fear far more than they should. Part of this sort of thing in the long run is about managing bandwidth, with streaming video sucking up more and more bandwidth finding ways of controlling it will be useful. Luckily Netflix has been working on an appliance to help everyone with this but I’d imagine it will be a few years before it gets down to a library level unless someone comes up with a completely open source solution we can implement ourselves. Someone mentioned network TV which brings up the really interesting space. There is an argument to be made that providing access to access to content freely available to the public. While you clearly could not stream it to other locations the software and hardware is readily available. So the question is does anyone know of any court cases or LOC/copyright guidelines from back in the days of VCR about libraries recording shows on video tape and providing access to those tapes. The other thing to consider as a community is developing a catalog of videos that would be good to keep on servers in libraries that can be downloaded so they are more readily accessible without killing the libraries bandwidth. Brent Sent from Windows Mail From: Cornel Darden Jr. Sent: Tuesday, December 2, 2014 8:59 PM To: CODE4LIB@LISTSERV.ND.EDU 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
Re: [CODE4LIB] Streaming Copyrighted material
Salvete! Given that lawyers get heaps of money to sort this stuff out, and that this is a technical mailing list, you are perhaps best served cross posting this to a legal IP listserv. Budding lawyers are told that an ounce of prevention in IP is worth a pound of cure. At very least, you ought to post to a plain olde law listserv. Even there, this is hardly a well settled area of law. I would just couch things in hypotheticals and state that you're *cough* definitely not looking for legal advice and will take replies off list so that folks that feel like giving you a nice straight answer do so. http://aallnet.org Would be where I would start a search. I'm super lucky because down here in DC there are tonnes of IP events that are free to attend at the Washington College of Law at American University. As far as I'm concerned, they're ahead of Georgetown in terms of community service. (Oh yeah, I went there.) Cheers, Brooke What about websites that stream their content for free like Vevo? Would making that type of content accessible in a more organized manner be acceptable? Or would that be considered circumvention? I don't plan on doing that, I only plan on making Public domain content accessible but the questions of organizing material from abc.com or Fox news has come up. Since I'm certain that these commercial websites would love to have subscription services for Libraries, the legal issues are very interesting. 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
Re: [CODE4LIB] Streaming Copyrighted material
Hi Cornel, Although I'm sure you will get some good advice from Code4Lib on this topic, perhaps you might also get some better advice from electronic resource librarians who deal with these sorts of legal issues all the time. I would recommend posting this to eri...@listserv.binghamton.edu as a start. All the best, Craig Craig Boman Applications Support Specialist University of Dayton Libraries 300 College Park Dayton, OH, 45469 On Tue, Dec 2, 2014 at 11:31 PM, Riley Childs rchi...@cucawarriors.com wrote: The following is NOT legal advice, please consult your legal department in depth. Now that my disclaimer is out of the way you utilize the in place playback mechanisms given by vevo (embeding a YouTube video) for example that is perfectly legit, unless you are prohibited from hosting an aggregate site under YouTube/Vevo's ToS (you likely are) Now some streaming services prohibit embeds so this isn't an option but you can still link to the content source for example (which may still violate ToS, but this may not be legally enforceable) Now at the end of the day it all comes down to how the content is licensed to the viewer/consumer and weather the terms are legal under your jurisdiction laws or are within the terms of existing agreements. And most importantly weather you are considered a distributor or not under the terms of the agreement and the laws in your jurisdiction. I come at this after spending the day dealing with MS Client/Server Licensing, so I maybe being a little conservative. But better safe than sorry in many cases. //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 10:43 PM To: CODE4LIB@LISTSERV.ND.EDUmailto:CODE4LIB@LISTSERV.ND.EDU Subject: Re: [CODE4LIB] Streaming Copyrighted material Hello, What about websites that stream their content for free like Vevo? Would making that type of content accessible in a more organized manner be acceptable? Or would that be considered circumvention? I don't plan on doing that, I only plan on making Public domain content accessible but the questions of organizing material from abc.com or Fox news has come up. Since I'm certain that these commercial websites would love to have subscription services for Libraries, the legal issues are very interesting. 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 On Dec 2, 2014, at 9:25 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.EDUmailto: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
Re: [CODE4LIB] Streaming Copyrighted material
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.EDUmailto: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
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=enas_sdt=4,60as_ylo=2010as_vis=1case=12966915270831588740scilh=0#p2506 *2506 http://scholar.google.com/scholar_case?q=+Aereo+hl=enas_sdt=4,60as_ylo=2010as_vis=1case=12966915270831588740scilh=0#p2506make 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=enas_sdt=4,60as_ylo=2010as_vis=1case=12966915270831588740scilh=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.EDUmailto: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
Re: [CODE4LIB] Streaming Copyrighted material
Might Flava Works, Inc. v. Gunter be helpful? The case addressed embedded videos and contributory infringement. http://scholar.google.com/scholar_case?case=1140687521579547092hl=enas_sdt=6as_vis=1oi=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=enas_sdt=4,60as_ylo=2010as_vis=1case=12966915270831588740scilh=0#p2506 *2506 http://scholar.google.com/scholar_case?q=+Aereo+hl=enas_sdt=4,60as_ylo=2010as_vis=1case=12966915270831588740scilh=0#p2506make 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=enas_sdt=4,60as_ylo=2010as_vis=1case=12966915270831588740scilh=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.EDUmailto: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
Re: [CODE4LIB] Streaming Copyrighted material
But the difference here is that the defendant did not go and find the content, whereas if I, Riley Childs, go make my own site organizing Videos from Vevo and embedding them in mass I would be in violation of Vevo's specific ToS and the copyright law because I am knowingly providing a method for people to view videos outside of the provided license. Maybe I am reading the articles wrong, but Flava Works vs Gunter cannot be compared in this case because Gunter is a service provider who doesn't encourage infringement. But Riley's Vevo Aggregator would be intentionally retrieving copyrighted videos in mass, This is like how although Adobe Reader [or insert freeware of your choice] is free I cannot go and host downloads of it on my public website and repackage it into a custom installer. 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: Laura McNamaramailto:laura.mcnam...@jefferson.edu Sent: 12/3/2014 12:18 PM To: CODE4LIB@LISTSERV.ND.EDUmailto:CODE4LIB@LISTSERV.ND.EDU Subject: Re: [CODE4LIB] Streaming Copyrighted material Might Flava Works, Inc. v. Gunter be helpful? The case addressed embedded videos and contributory infringement. http://scholar.google.com/scholar_case?case=1140687521579547092hl=enas_sdt=6as_vis=1oi=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=enas_sdt=4,60as_ylo=2010as_vis=1case=12966915270831588740scilh=0#p2506 *2506 http://scholar.google.com/scholar_case?q=+Aereo+hl=enas_sdt=4,60as_ylo=2010as_vis=1case=12966915270831588740scilh=0#p2506make 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=enas_sdt=4,60as_ylo=2010as_vis=1case=12966915270831588740scilh=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
Re: [CODE4LIB] Streaming Copyrighted material
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.EDUmailto: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
Re: [CODE4LIB] Streaming Copyrighted material
Hello, What about websites that stream their content for free like Vevo? Would making that type of content accessible in a more organized manner be acceptable? Or would that be considered circumvention? I don't plan on doing that, I only plan on making Public domain content accessible but the questions of organizing material from abc.com or Fox news has come up. Since I'm certain that these commercial websites would love to have subscription services for Libraries, the legal issues are very interesting. 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 On Dec 2, 2014, at 9:25 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.EDUmailto: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
Re: [CODE4LIB] Streaming Copyrighted material
The following is NOT legal advice, please consult your legal department in depth. Now that my disclaimer is out of the way you utilize the in place playback mechanisms given by vevo (embeding a YouTube video) for example that is perfectly legit, unless you are prohibited from hosting an aggregate site under YouTube/Vevo's ToS (you likely are) Now some streaming services prohibit embeds so this isn't an option but you can still link to the content source for example (which may still violate ToS, but this may not be legally enforceable) Now at the end of the day it all comes down to how the content is licensed to the viewer/consumer and weather the terms are legal under your jurisdiction laws or are within the terms of existing agreements. And most importantly weather you are considered a distributor or not under the terms of the agreement and the laws in your jurisdiction. I come at this after spending the day dealing with MS Client/Server Licensing, so I maybe being a little conservative. But better safe than sorry in many cases. //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 10:43 PM To: CODE4LIB@LISTSERV.ND.EDUmailto:CODE4LIB@LISTSERV.ND.EDU Subject: Re: [CODE4LIB] Streaming Copyrighted material Hello, What about websites that stream their content for free like Vevo? Would making that type of content accessible in a more organized manner be acceptable? Or would that be considered circumvention? I don't plan on doing that, I only plan on making Public domain content accessible but the questions of organizing material from abc.com or Fox news has come up. Since I'm certain that these commercial websites would love to have subscription services for Libraries, the legal issues are very interesting. 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 On Dec 2, 2014, at 9:25 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.EDUmailto: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
