Re: [Videolib] (was) Looking for The Red and the Black - region 1 dvds

[Shoaf,Judith P]

Note: Region 1 is US and Canada. A Region 1 DVD in French with no English 
subtitles probably was issued in Canada for francophones there. Canadian 
French-language releases often do have English (and sometimes also French) 
subtitles, so this is a good source for the US. You can use amazon.ca or 
archambault.ca but their information about subtitles is often shaky.

Region 2 includes France and to play these disks with *extremely conservative* 
legality you need either a computer drive set for the region or a player sold 
already preset to Region 2. Hacked players or players (software/hardware) that 
get around the encoding may be illegal, according to the last pronouncement (in 
2003) http://www.copyright.gov/1201/docs/registers-recommendation.pdf) . 
However, so far as I know there has never been any prosecution of vendors, 
software or hack instruction distributors, or users of hacks for regional 
encoding. It is a pretty gray area.

The Omega vs. Costco Case has however raised a potential copyright problem 
which could block the sale of foreign-made DVDs in the U.S. This could include 
DVDs made for Canadian release, irrespective of the region. The case allowed a 
Swiss watch company to block the resale by unauthorized vendors of a watch with 
a *copyrighted decoration* (not a trademark or patent!) in the U.S. In 
principle, the copyright owners of Red and the Black could deny the right to 
sell the DVD at all to US buyers. However, this is pretty unlikely.

I never heard of the "droit de prêt"-in the US this would be covered by the 
Doctrine of First Sale (the very thing challenged by the Costco case) which 
allows the purchaser to lend, give away, or resell the item.

Judy

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Nadia Gabriel
Sent: Wednesday, February 15, 2012 9:00 PM
To: videolib@lists.berkeley.edu
Subject: [Videolib] (was) Looking for The Red and the Black - region 1 dvds

Hi all,

I'm interrupting this conversation to bounce on Brigid's answer
Found this through a French site, but it is a Region 1 DVD sold by 
amazon.com: [...]
How often do you purchase Region 1 DVDs for your library? If/when you do, 
should you pay a copyright fee, or what they call "droit de prêt" in France?
My customers ask for more French movies but most of them are Regions 1 DVDs. 
More and more people have 'dezoned/multizone' DVD players so the technical 
issue is not so much the matter nowadays but I'm more concerned about the legal 
issues.

What do you think?

Thanks,

Nadia Gabriel
Librarian at Alliance Française de Washington

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] AS IF I'M NOT THERE

[Chris McNevins]

Hi All,

 

I've had a request to purchase AS IF I'M NOT THERE with public
performance rights.  See: http://www.asifiamnotthere.ie/asif/

 

The official site points to Element Picture, IE and they only distribute
within Ireland.

 

Does anyone know of a distributor of this DVD that will ship to the US?

 

Thanks!



Chris McN



Chris McNevins | ACQUISITIONS COORDINATOR

UNIVERSITY OF CONNECTICUT | HOMER BABBIDGE LIBRARY

369 Fairfield Way Unit 2005AM | Storrs, CT 06269-2005 USA

PH: 860-486-3842 | FX: 860-486-6493 | EMAIL: chris.mcnev...@uconn.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] Seminar on ARL code, take advantage! for your health!

[Patricia Aufderheide]

I strongly encourage people to attend this or other webinars being hosted
around the country by ARL on the Code (
http://www.arl.org/pp/ppcopyright/codefairuse/code-calendar.shtml ). The
echo chamber effect on this listserv of panic is really not healthy for
anyone. The fear, panic and alarm can be alleviated tremendously by
actually reading the code (among other places, at arl.org/fairuse), and if
you for any reason believe that the Code does not meet the standards of the
law, I encourage you to consult one of the briefings on the ARL's fair use
site, or delve deeper into the legal and scholarly lit (we did) at this
site: ( http://www.arl.org/pp/ppcopyright/codefairuse/further-info.shtml).
But please do not scare yourselves into believing that the Code impairs the
relationship between creativity and connection. It's unnecessary and
harmful, to you among others. Librarians using the Code will continue to
need, want and even love and pay for the work of filmmakers producing work
for their patrons, while they also judiciously and appropriately employ
their fair use rights (just as documentarians, journalists, scholars and
other creators of work that librarians preserve and make available do). Do
take the opportunity to educate yourselves; it will go far to reduce
anxiety.

On Mon, Feb 6, 2012 at 7:20 PM, Deg Farrelly  wrote:

> FYI
>
> Virtual seminar sponsored by NACUA, the National Association of College
> and University Attorneys in conjunction with The Association of Research
> Libraries and the American Council on Education.
>
> The date of the seminar is Thursday, February 23, 2012
>
> The online portion of the program is scheduled to start at 10:00 am and
> will run until 12 noon.
>
> More info here:
> http://www.nacua.org/meetings/virtualseminars/february2012/home.html
>
> 
>
> ** **
>
> **-deg**
>
> **
> **
>
> **
>
> --
> deg farrelly
> Arizona State University
> P.O. Box 871006
> Tempe, AZ 85287
> Phone:  480.965.1403
> Email:  deg.farre...@asu.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.
>
>


-- 
Pat Aufderheide, University Professor and Director
Center for Social Media, School of Communication
American University
3201 New Mexico Av. NW, #330
Washington, DC 20016-8080
www.centerforsocialmedia.org
pauf...@american.edu
202-643-5356

Order Reclaiming Fair Use: How to Put Balance Back in Copyright, with Peter
Jaszi. University of Chicago Press, 2011.


Sample *Reclaiming Fair Use! * 

Early comments on *Reclaiming Fair Use:*

"The Supreme Court has told us that fair use is one of the "traditional
safeguards" of the First Amendment.  As this book makes abundantly clear,
nobody has done better work making sure that safeguard is actually
effective than Aufderheide and Jaszi.  The day we have a First Amendment
Hall of Fame, their names should be there engraved in stone.  --Lewis Hyde,
author, *Common as Air: Revolution, Art and Ownership*

“*Reclaiming Fair Use* will be an important and widely read book that
scholars of copyright law will find a ‘must have’ for their bookshelves. It
is a sound interpretation of the law and offers useful guidance to the
creative community that goes beyond what some of the most ideological books
about copyright tend to say.”—Pamela Samuelson, University of California,
Berkeley School of Law

"If you only read one book about copyright this year, read *Reclaiming Fair
Use.  *It is the definitive history of the cataclysmic change in the custom
and practice surrounding the  fair use of materials  by filmmakers and
other groups."  --Michael Donaldson, Esq. Senior Partner, Donaldson &
Callif, Los Angeles.
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] (was) Looking for The Red and the Black - region 1 dvds

[Nadia Gabriel]

Hi all,

I did mean Region TWO dvds, in this case, published in France, sorry!!

What I've heard so far from librarians in France and in the US is that we
apply the law of the country we're buying from: There is no "Doctrine of
First Sale" in France - librarians pay an extra fee for each DVD they
purchase. Many of them use vendors whose job is to negociate prices with
the publishers that include the lending fee, so as not to deal with each
publishers themselves. The most famous vendors are Colaco,
http://www.colaco.fr/?p=droits, and ADAV, http://www.adav-assoc.com/qui.html.
S expensive!

This is more than a grey area to me... I'm totally in the dark here right
now :(

Thanks Jessica for the tip on "digging to see if it has in fact been bought
for US release and may be out". That's ok for a tiny portion of what's
actually produced in Region 2.  In another thread, someone suggested that
the simplest way to do this was just checking Amazon. That's what we do.

Thanks for your help,
Nadia



On Wed, Feb 15, 2012 at 8:59 PM, Nadia Gabriel  wrote:

> Hi all,
>
> I'm interrupting this conversation to bounce on Brigid's answer
>
> Found this through a French site, but it is a Region 1 DVD sold by
> amazon.com: [...]
>
> How often do you purchase Region 1 DVDs for your library? If/when you do,
> should you pay a copyright fee, or what they call "droit de prêt" in
> France?
> My customers ask for more French movies but most of them are Regions 1
> DVDs. More and more people have 'dezoned/multizone' DVD players so the
> technical issue is not so much the matter nowadays but I'm more concerned
> about the legal issues.
>
> What do you think?
>
> Thanks,
>
> Nadia Gabriel
> Librarian at Alliance Française de Washington
>
>
> On Wed, Feb 15, 2012 at 3:56 PM, wrote:
>
>> Send videolib mailing list submissions to
>>videolib@lists.berkeley.edu
>>
>> To subscribe or unsubscribe via the World Wide Web, visit
>>
>> https://calmail.berkeley.edu/manage/list/listinfo/videolib@lists.berkeley.edu
>>
>> or, via email, send a message with subject or body 'help' to
>>videolib-requ...@lists.berkeley.edu
>>
>> You can reach the person managing the list at
>>videolib-ow...@lists.berkeley.edu
>>
>> When replying, please edit your Subject line so it is more specific
>> than "Re: Contents of videolib digest..."
>>
>>
>> Today's Topics:
>>
>>   1. Looking for The Red and the Black (Deg Farrelly)
>>   2. Re: Looking for The Red and the Black (Jessica Rosner)
>>   3. Re: Looking for The Red and the Black (Brigid Duffy)
>>   4. Re: Looking for The Red and the Black
>>  (ghand...@library.berkeley.edu)
>>
>>
>> --
>>
>> Message: 1
>> Date: Tue, 14 Feb 2012 14:50:47 -0700
>> From: Deg Farrelly 
>> Subject: [Videolib] Looking for The Red and the Black
>> To: "videolib@lists.berkeley.edu" 
>> Message-ID: 
>> Content-Type: text/plain; charset="us-ascii"
>>
>> My day to ask for help.
>>
>> Looking for DVD of 1957 version of The Red and the Black produced by
>> Franco London Films S.A. and Documento Films.  Is it out on DVD?  Not
>> listed on Chris Lewis' excellent "Classics Not on DVD" wiki in either
>> English or French title:  Rouge et le Noir)
>>
>> We have an apparently bootleg VHS that has bit the dust (NOT acquired
>> under MY watch!)
>>
>> Thanx.
>>
>>
>> --
>> deg farrelly
>> Arizona State University
>> P.O. Box 871006
>> Tempe, AZ 85287
>> Phone:  480.965.1403
>> Email:  deg.farre...@asu.edu
>> -- next part --
>> An HTML attachment scrubbed and removed.
>> HTML attachments are only available in MIME digests.
>>
>> --
>>
>> Message: 2
>> Date: Tue, 14 Feb 2012 17:01:42 -0500
>> From: Jessica Rosner 
>> Subject: Re: [Videolib] Looking for The Red and the Black
>> To: videolib@lists.berkeley.edu
>> Message-ID:
>>> w...@mail.gmail.com>
>> Content-Type: text/plain; charset="iso-8859-1"
>>
>> This sounds like a question for Peter  as I don't think there is a US
>> release.
>>
>> On Tue, Feb 14, 2012 at 4:50 PM, Deg Farrelly 
>> wrote:
>>
>> > My day to ask for help.
>> >
>> > Looking for DVD of 1957 version of The Red and the Black produced by
>> > Franco London Films S.A. and Documento Films.  Is it out on DVD?  Not
>> > listed on Chris Lewis' excellent "Classics Not on DVD" wiki in either
>> > English or French title:  Rouge et le Noir)
>> >
>> > We have an apparently bootleg VHS that has bit the dust (NOT acquired
>> > under MY watch!)
>> >
>> > Thanx.
>> >
>> >
>> > --
>> > deg farrelly
>> > Arizona State University
>> > P.O. Box 871006
>> > Tempe, AZ 85287
>> > Phone:  480.965.1403
>> > Email:  deg.farre...@asu.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. I

Re: [Videolib] ACRL Best Practices

[Jessica Rosner]

My "paranoia". You mean about saying "fair use" means an entire film
can be streamed if a professor says he needs it which is directly
contrary to the entire history of "fair use" and would be another
likely fatal blow for independent film distribution. I would still
like to know why you "sell" your books as opposed to making them
available for free as downloads since that appears to be what you want
filmmakers to do.

I wish I could figure a way to make this my sig for videolib posts

" The mere fact that the portions copied by Kinko’s were those that
the college professor singled out as being critical parts of the books
demonstrates that even if not “the heart of” the works in question,
the parts copied were substantial in quality"

( Yes I know Kinko's was "for profit" but I can't see how that changes
the long established concept per above that "fair use"  is  PORTIONS
of works used to create NEW WORKS)


On Thu, Feb 16, 2012 at 9:20 AM, Patricia Aufderheide
 wrote:
> It would be great to do more education, and ARL is eager to do so! Thank
> you! Enough with the paranoia!
>
>
> On Mon, Feb 6, 2012 at 2:37 PM, Sarah E. McCleskey
>  wrote:
>>
>> Would a proposal for a program on the new code of best practices be
>> welcome at National Media Market, or would such a session it just turn into
>> a rant session?  I'm thinking of a general discussion then breakout into
>> smaller groups with "real life" examples to discuss, is a particular use
>> covered by fair use, 110-b, etc.  But I don't want to bad feelings!!
>>
>> Sarah
>>
>> Sarah E. McCleskey
>> Head of Access Services
>> Acting Director, Film and Media Library
>> 112 Axinn Library
>> Hofstra University
>> Hempstead, NY 11549-1230
>> sarah.e.mccles...@hofstra.edu
>> 516-463-5076 (o)
>> 516-463-4309 (f)
>>
>>
>>
>> -Original Message-
>> From: videolib-boun...@lists.berkeley.edu
>> [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Stanton, Kim
>> Sent: Monday, February 06, 2012 2:16 PM
>> To: videolib@lists.berkeley.edu
>> Subject: Re: [Videolib] ACRL Best Practices
>>
>>
>> Representative from CSM and ALA have often stressed that the use of items
>> in instruction is not always Fair Use or 110, but could be both. I was
>> hoping this code would provide more guidance in defining when Fair Use is in
>> play in pedagogy.
>>
>> I feel that the Fair Use of feature films in instruction is FARILY clear
>> cut. In my experience, outside of Film Studies, most faculty use fairly
>> short portions of features films in a way that seems clearly transformative
>> or illustrative.   We've all seen examples of this at our universities.  A
>> Sociology of the Family course uses a scene from Big Love to illustrate
>> nontraditional family structures. A clip from Triumph of the Will is
>> compared with a clip from Star Wars of Darth Vader commanding imperial
>> forces.  Etc, etc , etc.
>>
>> This is not as straightforward when you start talking about the use of
>> documentaries in online education, especially those with intrinsic
>> instructional value. When a faculty member contacts me and  wants to put an
>> educational documentary online, 90% of the time they want the entire film
>> up.  In my gut, I feel that this is almost always something better covered
>> by 110(2) and/or licensed for use, but this Fair Use code is so vague in
>> this regard that I don't feel like I can "provide instructors with useful
>> information about the nature and the scope of fair use" based on the
>> information outlined here.
>>
>> Additionally,  Michael Brewer just brought up the idea that 110(b) is
>> essentially a way to take a physical classroom space and translate it into
>> the online environment (within those limitations set by 110b). When I first
>> began working with faculty who were moving their courses online it was
>> fairly simple to distinguish between a core resource and an ancillary one
>> (usually items previously assigned to Reserves or considered optional).
>>  However,  faculty are now regularly creating online courses from scratch
>> and are no longer tied to the concept that the core instructional materials
>> is what can be cover in a 50 minute time span. This is not a bad thing but
>> it makes applying 110(b) more and more difficult.
>>
>>
>> Kim Stanton
>> Head, Media Library
>> University of North Texas
>> kim.stan...@unt.edu
>> P: (940) 565-4832
>> F: (940) 369-7396
>>
>>
>>
>> -Original Message-
>> From: videolib-boun...@lists.berkeley.edu
>> [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner
>> Sent: Monday, February 06, 2012 11:38 AM
>> To: videolib@lists.berkeley.edu
>> Subject: Re: [Videolib] ACRL Best Practices
>>
>> First of all 110 is blessedly specific and requires that the showing
>> be in a CLASSROOM or similar place of instruction and that the
>> instructor be PRESENT and I assure legally this is not even a close
>> call and I don't even get the impression that the
>> "best practices" tried for that one. 

Re: [Videolib] (was) Looking for The Red and the Black - region 1 dvds

[Jessica Rosner]

At the risk of ruining my reputation as an evil rights holder trying
to suppress educational use, the French librarian is wrong. In the US,
US copyright law applies.
France and much of Europe for instance have copyright terms far longer
than the US but that does not apply here, When the first Melies boxed
set from Flicker Allley was released in the US about 4 years ago, a
number of those films made in the early part of the century were still
under copyright in France and thus it could not be released there at
the time.

There is a legal issue here but it is between the rights holder and
the people they sell to. The people they sell to are not supposed to
sell copies outside their region but
in reality they largely turn a blind eye.If a title is on Amazon.Fr
and they sell it to the US than that is an issue for the rights
holder. the copy itself is legal and if you buy it you can treat it
like any other legal copy ( though of course in my humble opinion that
would for instance not include copying or steaming it)

On Thu, Feb 16, 2012 at 10:18 AM, Nadia Gabriel  wrote:
> Hi all,
>
> I did mean Region TWO dvds, in this case, published in France, sorry!!
>
> What I've heard so far from librarians in France and in the US is that we
> apply the law of the country we're buying from: There is no "Doctrine of
> First Sale" in France - librarians pay an extra fee for each DVD they
> purchase. Many of them use vendors whose job is to negociate prices with the
> publishers that include the lending fee, so as not to deal with each
> publishers themselves. The most famous vendors are Colaco,
> http://www.colaco.fr/?p=droits, and ADAV,
> http://www.adav-assoc.com/qui.html. S expensive!
>
> This is more than a grey area to me... I'm totally in the dark here right
> now :(
>
> Thanks Jessica for the tip on "digging to see if it has in fact been bought
> for US release and may be out". That's ok for a tiny portion of what's
> actually produced in Region 2.  In another thread, someone suggested that
> the simplest way to do this was just checking Amazon. That's what we do.
>
> Thanks for your help,
> Nadia
>
>
>
> On Wed, Feb 15, 2012 at 8:59 PM, Nadia Gabriel  wrote:
>>
>> Hi all,
>>
>> I'm interrupting this conversation to bounce on Brigid's answer
>>
>> Found this through a French site, but it is a Region 1 DVD sold by
>> amazon.com: [...]
>>
>> How often do you purchase Region 1 DVDs for your library? If/when you do,
>> should you pay a copyright fee, or what they call "droit de prêt" in France?
>> My customers ask for more French movies but most of them are Regions 1
>> DVDs. More and more people have 'dezoned/multizone' DVD players so the
>> technical issue is not so much the matter nowadays but I'm more concerned
>> about the legal issues.
>>
>> What do you think?
>>
>> Thanks,
>>
>> Nadia Gabriel
>> Librarian at Alliance Française de Washington
>>
>>
>> On Wed, Feb 15, 2012 at 3:56 PM, 
>> wrote:
>>>
>>> Send videolib mailing list submissions to
>>>        videolib@lists.berkeley.edu
>>>
>>> To subscribe or unsubscribe via the World Wide Web, visit
>>>
>>>  https://calmail.berkeley.edu/manage/list/listinfo/videolib@lists.berkeley.edu
>>>
>>> or, via email, send a message with subject or body 'help' to
>>>        videolib-requ...@lists.berkeley.edu
>>>
>>> You can reach the person managing the list at
>>>        videolib-ow...@lists.berkeley.edu
>>>
>>> When replying, please edit your Subject line so it is more specific
>>> than "Re: Contents of videolib digest..."
>>>
>>>
>>> Today's Topics:
>>>
>>>   1. Looking for The Red and the Black (Deg Farrelly)
>>>   2. Re: Looking for The Red and the Black (Jessica Rosner)
>>>   3. Re: Looking for The Red and the Black (Brigid Duffy)
>>>   4. Re: Looking for The Red and the Black
>>>      (ghand...@library.berkeley.edu)
>>>
>>>
>>> --
>>>
>>> Message: 1
>>> Date: Tue, 14 Feb 2012 14:50:47 -0700
>>> From: Deg Farrelly 
>>> Subject: [Videolib] Looking for The Red and the Black
>>> To: "videolib@lists.berkeley.edu" 
>>> Message-ID: 
>>> Content-Type: text/plain; charset="us-ascii"
>>>
>>> My day to ask for help.
>>>
>>> Looking for DVD of 1957 version of The Red and the Black produced by
>>> Franco London Films S.A. and Documento Films.  Is it out on DVD?  Not listed
>>> on Chris Lewis' excellent "Classics Not on DVD" wiki in either English or
>>> French title:  Rouge et le Noir)
>>>
>>> We have an apparently bootleg VHS that has bit the dust (NOT acquired
>>> under MY watch!)
>>>
>>> Thanx.
>>>
>>>
>>> --
>>> deg farrelly
>>> Arizona State University
>>> P.O. Box 871006
>>> Tempe, AZ 85287
>>> Phone:  480.965.1403
>>> Email:  deg.farre...@asu.edu
>>> -- next part --
>>> An HTML attachment scrubbed and removed.
>>> HTML attachments are only available in MIME digests.
>>>
>>> --
>>>
>>> Message: 2
>>> Date: Tue, 14 Feb 2012 17:01:42 -0500
>>> From: Jessica R

Re: [Videolib] ACRL Best Practices

[Brewer, Michael]

There is a big difference between a performance and making a copy for download. 
A streamed "performance" (of a recorded reading) of a book actually might very 
well fall under TEACH, even if the book were read in its entirety.  It depends 
on whether or not it would meet all the criteria in the law, most specifically 
what kind of work it is and how one defines "nondramatic literary work." 

See the Exceptions for Instructors eTool for more information, specifically 
this page and the notes: 
http://librarycopyright.net/etool/reasonableandlimited.php?ca=1 

Entire works - books, video, etc. - may also be used in their entirety 
(streamed, made available for download, etc.) for research and teaching if they 
are in their last 10 years of copyright protection and are not being 
commercially exploited. 

I know that these are specific exceptions, but it is important for people to 
understand that there is no prohibition on using entire works without the 
permission of the copyright holder.  There are exceptions in 110, 108 and 107 
(Sony, Bill Graham Archives, etc.), among others.

mb


On Feb 16, 2012, at 8:18 AM, Jessica Rosner wrote:

> My "paranoia". You mean about saying "fair use" means an entire film
> can be streamed if a professor says he needs it which is directly
> contrary to the entire history of "fair use" and would be another
> likely fatal blow for independent film distribution. I would still
> like to know why you "sell" your books as opposed to making them
> available for free as downloads since that appears to be what you want
> filmmakers to do.
> 
> I wish I could figure a way to make this my sig for videolib posts
> 
> " The mere fact that the portions copied by Kinko’s were those that
> the college professor singled out as being critical parts of the books
> demonstrates that even if not “the heart of” the works in question,
> the parts copied were substantial in quality"
> 
> ( Yes I know Kinko's was "for profit" but I can't see how that changes
> the long established concept per above that "fair use"  is  PORTIONS
> of works used to create NEW WORKS)
> 
> 
> On Thu, Feb 16, 2012 at 9:20 AM, Patricia Aufderheide
>  wrote:
>> It would be great to do more education, and ARL is eager to do so! Thank
>> you! Enough with the paranoia!
>> 
>> 
>> On Mon, Feb 6, 2012 at 2:37 PM, Sarah E. McCleskey
>>  wrote:
>>> 
>>> Would a proposal for a program on the new code of best practices be
>>> welcome at National Media Market, or would such a session it just turn into
>>> a rant session?  I'm thinking of a general discussion then breakout into
>>> smaller groups with "real life" examples to discuss, is a particular use
>>> covered by fair use, 110-b, etc.  But I don't want to bad feelings!!
>>> 
>>> Sarah
>>> 
>>> Sarah E. McCleskey
>>> Head of Access Services
>>> Acting Director, Film and Media Library
>>> 112 Axinn Library
>>> Hofstra University
>>> Hempstead, NY 11549-1230
>>> sarah.e.mccles...@hofstra.edu
>>> 516-463-5076 (o)
>>> 516-463-4309 (f)
>>> 
>>> 
>>> 
>>> -Original Message-
>>> From: videolib-boun...@lists.berkeley.edu
>>> [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Stanton, Kim
>>> Sent: Monday, February 06, 2012 2:16 PM
>>> To: videolib@lists.berkeley.edu
>>> Subject: Re: [Videolib] ACRL Best Practices
>>> 
>>> 
>>> Representative from CSM and ALA have often stressed that the use of items
>>> in instruction is not always Fair Use or 110, but could be both. I was
>>> hoping this code would provide more guidance in defining when Fair Use is in
>>> play in pedagogy.
>>> 
>>> I feel that the Fair Use of feature films in instruction is FARILY clear
>>> cut. In my experience, outside of Film Studies, most faculty use fairly
>>> short portions of features films in a way that seems clearly transformative
>>> or illustrative.   We've all seen examples of this at our universities.  A
>>> Sociology of the Family course uses a scene from Big Love to illustrate
>>> nontraditional family structures. A clip from Triumph of the Will is
>>> compared with a clip from Star Wars of Darth Vader commanding imperial
>>> forces.  Etc, etc , etc.
>>> 
>>> This is not as straightforward when you start talking about the use of
>>> documentaries in online education, especially those with intrinsic
>>> instructional value. When a faculty member contacts me and  wants to put an
>>> educational documentary online, 90% of the time they want the entire film
>>> up.  In my gut, I feel that this is almost always something better covered
>>> by 110(2) and/or licensed for use, but this Fair Use code is so vague in
>>> this regard that I don't feel like I can "provide instructors with useful
>>> information about the nature and the scope of fair use" based on the
>>> information outlined here.
>>> 
>>> Additionally,  Michael Brewer just brought up the idea that 110(b) is
>>> essentially a way to take a physical classroom space and translate it into
>>> the online environment (within those limitati

Re: [Videolib] (was) Looking for The Red and the Black - region 1 dvds

[Jessica Rosner]

FYI Nadia copyright law is one thing, dealing with the French is
another. There may be  cultural/political reasons a French library in
particular would want to keep in their good graces. I suspect a
librarian at semi- official French Library you may be obliged
by circumstance to "accept" French copyright law, but that again would
be for political not legal reasons.

I can imagine my friends up north drooling at the prospect of applying
the copyright law
of the sellers country for video purchases.

On Thu, Feb 16, 2012 at 10:30 AM, Jessica Rosner
 wrote:
> At the risk of ruining my reputation as an evil rights holder trying
> to suppress educational use, the French librarian is wrong. In the US,
> US copyright law applies.
> France and much of Europe for instance have copyright terms far longer
> than the US but that does not apply here, When the first Melies boxed
> set from Flicker Allley was released in the US about 4 years ago, a
> number of those films made in the early part of the century were still
> under copyright in France and thus it could not be released there at
> the time.
>
> There is a legal issue here but it is between the rights holder and
> the people they sell to. The people they sell to are not supposed to
> sell copies outside their region but
> in reality they largely turn a blind eye.If a title is on Amazon.Fr
> and they sell it to the US than that is an issue for the rights
> holder. the copy itself is legal and if you buy it you can treat it
> like any other legal copy ( though of course in my humble opinion that
> would for instance not include copying or steaming it)
>
> On Thu, Feb 16, 2012 at 10:18 AM, Nadia Gabriel  wrote:
>> Hi all,
>>
>> I did mean Region TWO dvds, in this case, published in France, sorry!!
>>
>> What I've heard so far from librarians in France and in the US is that we
>> apply the law of the country we're buying from: There is no "Doctrine of
>> First Sale" in France - librarians pay an extra fee for each DVD they
>> purchase. Many of them use vendors whose job is to negociate prices with the
>> publishers that include the lending fee, so as not to deal with each
>> publishers themselves. The most famous vendors are Colaco,
>> http://www.colaco.fr/?p=droits, and ADAV,
>> http://www.adav-assoc.com/qui.html. S expensive!
>>
>> This is more than a grey area to me... I'm totally in the dark here right
>> now :(
>>
>> Thanks Jessica for the tip on "digging to see if it has in fact been bought
>> for US release and may be out". That's ok for a tiny portion of what's
>> actually produced in Region 2.  In another thread, someone suggested that
>> the simplest way to do this was just checking Amazon. That's what we do.
>>
>> Thanks for your help,
>> Nadia
>>
>>
>>
>> On Wed, Feb 15, 2012 at 8:59 PM, Nadia Gabriel  wrote:
>>>
>>> Hi all,
>>>
>>> I'm interrupting this conversation to bounce on Brigid's answer
>>>
>>> Found this through a French site, but it is a Region 1 DVD sold by
>>> amazon.com: [...]
>>>
>>> How often do you purchase Region 1 DVDs for your library? If/when you do,
>>> should you pay a copyright fee, or what they call "droit de prêt" in France?
>>> My customers ask for more French movies but most of them are Regions 1
>>> DVDs. More and more people have 'dezoned/multizone' DVD players so the
>>> technical issue is not so much the matter nowadays but I'm more concerned
>>> about the legal issues.
>>>
>>> What do you think?
>>>
>>> Thanks,
>>>
>>> Nadia Gabriel
>>> Librarian at Alliance Française de Washington
>>>
>>>
>>> On Wed, Feb 15, 2012 at 3:56 PM, 
>>> wrote:

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 Today's Topics:

   1. Looking for The Red and the Black (Deg Farrelly)
   2. Re: Looking for The Red and the Black (Jessica Rosner)
   3. Re: Looking for The Red and the Black (Brigid Duffy)
   4. Re: Looking for The Red and the Black
      (ghand...@library.berkeley.edu)


 --

 Message: 1
 Date: Tue, 14 Feb 2012 14:50:47 -0700
 From: Deg Farrelly 
 Subject: [Videolib] Looking for The Red and the Black
 To: "videolib@lists.berkeley.edu" 
 Message-ID: 
 Content-Type: text/plain; charset="us-ascii"

 My day to ask for help.

 Looking for DVD of 1957 version of The Red and the Black produced by
 Franco London Films S.A. and Documento 

Re: [Videolib] ACRL Best Practices

[Jessica Rosner]

This is NOT about TEACH Michael which has it's own rules and this
discussion has been about wholesale digitizing and streaming of
feature works as "fair use"

On Thu, Feb 16, 2012 at 10:45 AM, Brewer, Michael
 wrote:
> There is a big difference between a performance and making a copy for 
> download. A streamed "performance" (of a recorded reading) of a book actually 
> might very well fall under TEACH, even if the book were read in its entirety. 
>  It depends on whether or not it would meet all the criteria in the law, most 
> specifically what kind of work it is and how one defines "nondramatic 
> literary work."
>
> See the Exceptions for Instructors eTool for more information, specifically 
> this page and the notes: 
> http://librarycopyright.net/etool/reasonableandlimited.php?ca=1
>
> Entire works - books, video, etc. - may also be used in their entirety 
> (streamed, made available for download, etc.) for research and teaching if 
> they are in their last 10 years of copyright protection and are not being 
> commercially exploited.
>
> I know that these are specific exceptions, but it is important for people to 
> understand that there is no prohibition on using entire works without the 
> permission of the copyright holder.  There are exceptions in 110, 108 and 107 
> (Sony, Bill Graham Archives, etc.), among others.
>
> mb
>
>
> On Feb 16, 2012, at 8:18 AM, Jessica Rosner wrote:
>
>> My "paranoia". You mean about saying "fair use" means an entire film
>> can be streamed if a professor says he needs it which is directly
>> contrary to the entire history of "fair use" and would be another
>> likely fatal blow for independent film distribution. I would still
>> like to know why you "sell" your books as opposed to making them
>> available for free as downloads since that appears to be what you want
>> filmmakers to do.
>>
>> I wish I could figure a way to make this my sig for videolib posts
>>
>> " The mere fact that the portions copied by Kinko’s were those that
>> the college professor singled out as being critical parts of the books
>> demonstrates that even if not “the heart of” the works in question,
>> the parts copied were substantial in quality"
>>
>> ( Yes I know Kinko's was "for profit" but I can't see how that changes
>> the long established concept per above that "fair use"  is  PORTIONS
>> of works used to create NEW WORKS)
>>
>>
>> On Thu, Feb 16, 2012 at 9:20 AM, Patricia Aufderheide
>>  wrote:
>>> It would be great to do more education, and ARL is eager to do so! Thank
>>> you! Enough with the paranoia!
>>>
>>>
>>> On Mon, Feb 6, 2012 at 2:37 PM, Sarah E. McCleskey
>>>  wrote:

 Would a proposal for a program on the new code of best practices be
 welcome at National Media Market, or would such a session it just turn into
 a rant session?  I'm thinking of a general discussion then breakout into
 smaller groups with "real life" examples to discuss, is a particular use
 covered by fair use, 110-b, etc.  But I don't want to bad feelings!!

 Sarah

 Sarah E. McCleskey
 Head of Access Services
 Acting Director, Film and Media Library
 112 Axinn Library
 Hofstra University
 Hempstead, NY 11549-1230
 sarah.e.mccles...@hofstra.edu
 516-463-5076 (o)
 516-463-4309 (f)



 -Original Message-
 From: videolib-boun...@lists.berkeley.edu
 [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Stanton, Kim
 Sent: Monday, February 06, 2012 2:16 PM
 To: videolib@lists.berkeley.edu
 Subject: Re: [Videolib] ACRL Best Practices


 Representative from CSM and ALA have often stressed that the use of items
 in instruction is not always Fair Use or 110, but could be both. I was
 hoping this code would provide more guidance in defining when Fair Use is 
 in
 play in pedagogy.

 I feel that the Fair Use of feature films in instruction is FARILY clear
 cut. In my experience, outside of Film Studies, most faculty use fairly
 short portions of features films in a way that seems clearly transformative
 or illustrative.   We've all seen examples of this at our universities.  A
 Sociology of the Family course uses a scene from Big Love to illustrate
 nontraditional family structures. A clip from Triumph of the Will is
 compared with a clip from Star Wars of Darth Vader commanding imperial
 forces.  Etc, etc , etc.

 This is not as straightforward when you start talking about the use of
 documentaries in online education, especially those with intrinsic
 instructional value. When a faculty member contacts me and  wants to put an
 educational documentary online, 90% of the time they want the entire film
 up.  In my gut, I feel that this is almost always something better covered
 by 110(2) and/or licensed for use, but this Fair Use code is so vague in
 this regard that I don't feel like I can "provide instruct

[Videolib] unsubscribe

[Carl Johnson]

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] Seminar on ARL code, take advantage! for your health!

[Jonathan Miller]

Now you are a psychotherapist as well? 

 JM

 

 

From: videolib-boun...@lists.berkeley.edu
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Patricia
Aufderheide
Sent: Thursday, February 16, 2012 9:13 AM
To: videolib@lists.berkeley.edu
Cc: Brandon Butler
Subject: Re: [Videolib] Seminar on ARL code, take advantage! for your
health!

 

I strongly encourage people to attend this or other webinars being hosted
around the country by ARL on the Code (
http://www.arl.org/pp/ppcopyright/codefairuse/code-calendar.shtml ). The
echo chamber effect on this listserv of panic is really not healthy for
anyone. The fear, panic and alarm can be alleviated tremendously by actually
reading the code (among other places, at arl.org/fairuse), and if you for
any reason believe that the Code does not meet the standards of the law, I
encourage you to consult one of the briefings on the ARL's fair use site, or
delve deeper into the legal and scholarly lit (we did) at this site: (
http://www.arl.org/pp/ppcopyright/codefairuse/further-info.shtml). But
please do not scare yourselves into believing that the Code impairs the
relationship between creativity and connection. It's unnecessary and
harmful, to you among others. Librarians using the Code will continue to
need, want and even love and pay for the work of filmmakers producing work
for their patrons, while they also judiciously and appropriately employ
their fair use rights (just as documentarians, journalists, scholars and
other creators of work that librarians preserve and make available do). Do
take the opportunity to educate yourselves; it will go far to reduce
anxiety.

 

On Mon, Feb 6, 2012 at 7:20 PM, Deg Farrelly  wrote:

FYI

 

Virtual seminar sponsored by NACUA, the National Association of College and
University Attorneys in conjunction with The Association of Research
Libraries and the American Council on Education. 

 

The date of the seminar is Thursday, February 23, 2012

 

The online portion of the program is scheduled to start at 10:00 am and will
run until 12 noon. 

 

More info here:
http://www.nacua.org/meetings/virtualseminars/february2012/home.html

 

-deg

 

 

--

deg farrelly

Arizona State University

P.O. Box 871006

Tempe, AZ 85287

Phone:  480.965.1403

Email:  deg.farre...@asu.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.





 

-- 
Pat Aufderheide, University Professor and Director 
Center for Social Media, School of Communication
American University 
3201 New Mexico Av. NW, #330
Washington, DC 20016-8080
www.centerforsocialmedia.org
pauf...@american.edu
202-643-5356

Order Reclaiming Fair Use: How to Put Balance Back in Copyright, with Peter
Jaszi. University of Chicago Press, 2011.
  


Sample   Reclaiming Fair Use! 

Early comments on Reclaiming Fair Use:

"The Supreme Court has told us that fair use is one of the "traditional
safeguards" of the First Amendment.  As this book makes abundantly clear,
nobody has done better work making sure that safeguard is actually effective
than Aufderheide and Jaszi.  The day we have a First Amendment Hall of Fame,
their names should be there engraved in stone.  --Lewis Hyde, author, Common
as Air: Revolution, Art and Ownership

"Reclaiming Fair Use will be an important and widely read book that scholars
of copyright law will find a 'must have' for their bookshelves. It is a
sound interpretation of the law and offers useful guidance to the creative
community that goes beyond what some of the most ideological books about
copyright tend to say."-Pamela Samuelson, University of California, Berkeley
School of Law

"If you only read one book about copyright this year, read Reclaiming Fair
Use.  It is the definitive history of the cataclysmic change in the custom
and practice surrounding the  fair use of materials  by filmmakers and other
groups."  --Michael Donaldson, Esq. Senior Partner, Donaldson & Callif, Los
Angeles.

 

 

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] ACRL Best Practices

[Brown, Roger]

Hi, Jessica,

I think Michael is pointing out that there is no explicit ruling against
use of an entire work, depending upon the way Fair Use or Teach or 108 is
interpreted and the circumstances.  Kim Stanton also points out that the
distinction between core resources and ancillary ones is blurring.

Your apparent insistence that the streaming and performance of a full
feature is illegal under any and all circumstances including fair use
isn't supported by case law at this point.


- - 
Roger Brown
Manager
UCLA Instructional Media Collections & Services
46 Powell Library
Los Angeles, CA  90095-1517
office: 310-206-1248
fax: 310-206-5392
rbr...@oid.ucla.edu





On 2/16/12 7:53 AM, "Jessica Rosner"  fashioned
the following lines:

>This is NOT about TEACH Michael which has it's own rules and this
>discussion has been about wholesale digitizing and streaming of
>feature works as "fair use"
>
>On Thu, Feb 16, 2012 at 10:45 AM, Brewer, Michael
> wrote:
>> There is a big difference between a performance and making a copy for
>>download. A streamed "performance" (of a recorded reading) of a book
>>actually might very well fall under TEACH, even if the book were read in
>>its entirety.  It depends on whether or not it would meet all the
>>criteria in the law, most specifically what kind of work it is and how
>>one defines "nondramatic literary work."
>>
>> See the Exceptions for Instructors eTool for more information,
>>specifically this page and the notes:
>>http://librarycopyright.net/etool/reasonableandlimited.php?ca=1
>>
>> Entire works - books, video, etc. - may also be used in their entirety
>>(streamed, made available for download, etc.) for research and teaching
>>if they are in their last 10 years of copyright protection and are not
>>being commercially exploited.
>>
>> I know that these are specific exceptions, but it is important for
>>people to understand that there is no prohibition on using entire works
>>without the permission of the copyright holder.  There are exceptions in
>>110, 108 and 107 (Sony, Bill Graham Archives, etc.), among others.
>>
>> mb
>>
>>
>> On Feb 16, 2012, at 8:18 AM, Jessica Rosner wrote:
>>
>>> My "paranoia". You mean about saying "fair use" means an entire film
>>> can be streamed if a professor says he needs it which is directly
>>> contrary to the entire history of "fair use" and would be another
>>> likely fatal blow for independent film distribution. I would still
>>> like to know why you "sell" your books as opposed to making them
>>> available for free as downloads since that appears to be what you want
>>> filmmakers to do.
>>>
>>> I wish I could figure a way to make this my sig for videolib posts
>>>
>>> " The mere fact that the portions copied by Kinko¹s were those that
>>> the college professor singled out as being critical parts of the books
>>> demonstrates that even if not ³the heart of² the works in question,
>>> the parts copied were substantial in quality"
>>>
>>> ( Yes I know Kinko's was "for profit" but I can't see how that changes
>>> the long established concept per above that "fair use"  is  PORTIONS
>>> of works used to create NEW WORKS)
>>>
>>>
>>> On Thu, Feb 16, 2012 at 9:20 AM, Patricia Aufderheide
>>>  wrote:
 It would be great to do more education, and ARL is eager to do so!
Thank
 you! Enough with the paranoia!


 On Mon, Feb 6, 2012 at 2:37 PM, Sarah E. McCleskey
  wrote:
>
> Would a proposal for a program on the new code of best practices be
> welcome at National Media Market, or would such a session it just
>turn into
> a rant session?  I'm thinking of a general discussion then breakout
>into
> smaller groups with "real life" examples to discuss, is a particular
>use
> covered by fair use, 110-b, etc.  But I don't want to bad feelings!!
>
> Sarah
>
> Sarah E. McCleskey
> Head of Access Services
> Acting Director, Film and Media Library
> 112 Axinn Library
> Hofstra University
> Hempstead, NY 11549-1230
> sarah.e.mccles...@hofstra.edu
> 516-463-5076 (o)
> 516-463-4309 (f)
>
>
>
> -Original Message-
> From: videolib-boun...@lists.berkeley.edu
> [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Stanton,
>Kim
> Sent: Monday, February 06, 2012 2:16 PM
> To: videolib@lists.berkeley.edu
> Subject: Re: [Videolib] ACRL Best Practices
>
>
> Representative from CSM and ALA have often stressed that the use of
>items
> in instruction is not always Fair Use or 110, but could be both. I
>was
> hoping this code would provide more guidance in defining when Fair
>Use is in
> play in pedagogy.
>
> I feel that the Fair Use of feature films in instruction is FARILY
>clear
> cut. In my experience, outside of Film Studies, most faculty use
>fairly
> short portions of features films in a way that seems clearly
>transformative
> or ill

Re: [Videolib] Seminar on ARL code, take advantage! for your health!

[Mary Hanlin]

This is a debate that we all care deeply about. I, like many, still have a lot 
to learn and very much appreciate the many points-of-view articulated through 
this listserv.  But I (personally) would prefer it if we could avoid (on either 
"side") the ad hominem attacks.

Mary Hanlin
Media Collection Development Librarian
Tidewater Community College
P: 757.822.2133
F: 757.822.2149
mhan...@tcc.edu




From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jonathan Miller
Sent: Thursday, February 16, 2012 11:05 AM
To: pauf...@american.edu; videolib@lists.berkeley.edu
Cc: 'Brandon Butler'
Subject: Re: [Videolib] Seminar on ARL code, take advantage! for your health!

Now you are a psychotherapist as well?
 JM


From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Patricia Aufderheide
Sent: Thursday, February 16, 2012 9:13 AM
To: videolib@lists.berkeley.edu
Cc: Brandon Butler
Subject: Re: [Videolib] Seminar on ARL code, take advantage! for your health!

I strongly encourage people to attend this or other webinars being hosted 
around the country by ARL on the Code ( 
http://www.arl.org/pp/ppcopyright/codefairuse/code-calendar.shtml ). The echo 
chamber effect on this listserv of panic is really not healthy for anyone. The 
fear, panic and alarm can be alleviated tremendously by actually reading the 
code (among other places, at arl.org/fairuse), and if 
you for any reason believe that the Code does not meet the standards of the 
law, I encourage you to consult one of the briefings on the ARL's fair use 
site, or delve deeper into the legal and scholarly lit (we did) at this site: ( 
http://www.arl.org/pp/ppcopyright/codefairuse/further-info.shtml). But please 
do not scare yourselves into believing that the Code impairs the relationship 
between creativity and connection. It's unnecessary and harmful, to you among 
others. Librarians using the Code will continue to need, want and even love and 
pay for the work of filmmakers producing work for their patrons, while they 
also judiciously and appropriately employ their fair use rights (just as 
documentarians, journalists, scholars and other creators of work that 
librarians preserve and make available do). Do take the opportunity to educate 
yourselves; it will go far to reduce anxiety.

On Mon, Feb 6, 2012 at 7:20 PM, Deg Farrelly 
mailto:deg.farre...@asu.edu>> wrote:
FYI

Virtual seminar sponsored by NACUA, the National Association of College and 
University Attorneys in conjunction with The Association of Research Libraries 
and the American Council on Education.

The date of the seminar is Thursday, February 23, 2012

The online portion of the program is scheduled to start at 10:00 am and will 
run until 12 noon.

More info here:  
http://www.nacua.org/meetings/virtualseminars/february2012/home.html

-deg


--
deg farrelly
Arizona State University
P.O. Box 871006
Tempe, AZ 85287
Phone:  480.965.1403
Email:  deg.farre...@asu.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.



--
Pat Aufderheide, University Professor and Director
Center for Social Media, School of Communication
American University
3201 New Mexico Av. NW, #330
Washington, DC 20016-8080
www.centerforsocialmedia.org
pauf...@american.edu
202-643-5356

Order Reclaiming Fair Use: How to Put Balance Back in Copyright, with Peter 
Jaszi. University of Chicago Press, 2011. 


Sample Reclaiming Fair Use! 

Early comments on Reclaiming Fair Use:

"The Supreme Court has told us that fair use is one of the "traditional 
safeguards" of the First Amendment.  As this book makes abundantly clear, 
nobody has done better work making sure that safeguard is actually effective 
than Aufderheide and Jaszi.  The day we have a First Amendment Hall of Fame, 
their names should be there engraved in stone.  --Lewis Hyde, author, Common as 
Air: Revolution, Art and Ownership

"Reclaiming Fair Use will be an important and widely read book that scholars of 
copyright law will find a 'must have' for their bookshelves. It is a sound 
interpretation of the law and offers useful guidance to the creative community 
that goes beyond what some of the most ideological books about copyright tend 
to say."-Pamela Samuelson, University of California, Berkel

Re: [Videolib] unsubscribe

[Charlotte Bohnett]

unsubscribe

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Carl Johnson
Sent: Thursday, February 16, 2012 11:01 AM
To: videolib@lists.berkeley.edu
Subject: [Videolib] unsubscribe




This e-mail, and any attachment, is intended only for the person or
entity to which it is addressed and may contain confidential and/or
privileged material. Any review, re-transmission, copying, dissemination
or other use of this information by persons or entities other than the
intended recipient is prohibited. If you received this in error, please
contact the sender and delete the material from any computer. The
contents of this message may contain personal views which are not the
views of Midwest Tape.
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] Seminar on ARL code, take advantage! for your health!

[ghandman]

Agree!  I feel that the concerns expressed on this list (and elsewhere)
are being somewhat trivialized.  And since no one that I know of on this
list (librarian or filmmaker/distributor was directly involved or allowed
input into the development of these guidelines, I think these concerns are
logical and very valid.

Gary H.


> This is a debate that we all care deeply about. I, like many, still have a
> lot to learn and very much appreciate the many points-of-view articulated
> through this listserv.  But I (personally) would prefer it if we could
> avoid (on either "side") the ad hominem attacks.
>
> Mary Hanlin
> Media Collection Development Librarian
> Tidewater Community College
> P: 757.822.2133
> F: 757.822.2149
> mhan...@tcc.edu
>
>
>
>
> From: videolib-boun...@lists.berkeley.edu
> [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jonathan Miller
> Sent: Thursday, February 16, 2012 11:05 AM
> To: pauf...@american.edu; videolib@lists.berkeley.edu
> Cc: 'Brandon Butler'
> Subject: Re: [Videolib] Seminar on ARL code, take advantage! for your
> health!
>
> Now you are a psychotherapist as well?
>  JM
>
>
> From: videolib-boun...@lists.berkeley.edu
> [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Patricia
> Aufderheide
> Sent: Thursday, February 16, 2012 9:13 AM
> To: videolib@lists.berkeley.edu
> Cc: Brandon Butler
> Subject: Re: [Videolib] Seminar on ARL code, take advantage! for your
> health!
>
> I strongly encourage people to attend this or other webinars being hosted
> around the country by ARL on the Code (
> http://www.arl.org/pp/ppcopyright/codefairuse/code-calendar.shtml ). The
> echo chamber effect on this listserv of panic is really not healthy for
> anyone. The fear, panic and alarm can be alleviated tremendously by
> actually reading the code (among other places, at
> arl.org/fairuse), and if you for any reason
> believe that the Code does not meet the standards of the law, I encourage
> you to consult one of the briefings on the ARL's fair use site, or delve
> deeper into the legal and scholarly lit (we did) at this site: (
> http://www.arl.org/pp/ppcopyright/codefairuse/further-info.shtml). But
> please do not scare yourselves into believing that the Code impairs the
> relationship between creativity and connection. It's unnecessary and
> harmful, to you among others. Librarians using the Code will continue to
> need, want and even love and pay for the work of filmmakers producing work
> for their patrons, while they also judiciously and appropriately employ
> their fair use rights (just as documentarians, journalists, scholars and
> other creators of work that librarians preserve and make available do). Do
> take the opportunity to educate yourselves; it will go far to reduce
> anxiety.
>
> On Mon, Feb 6, 2012 at 7:20 PM, Deg Farrelly
> mailto:deg.farre...@asu.edu>> wrote:
> FYI
>
> Virtual seminar sponsored by NACUA, the National Association of College
> and University Attorneys in conjunction with The Association of Research
> Libraries and the American Council on Education.
>
> The date of the seminar is Thursday, February 23, 2012
>
> The online portion of the program is scheduled to start at 10:00 am and
> will run until 12 noon.
>
> More info here:
> http://www.nacua.org/meetings/virtualseminars/february2012/home.html
>
> -deg
>
>
> --
> deg farrelly
> Arizona State University
> P.O. Box 871006
> Tempe, AZ 85287
> Phone:  480.965.1403
> Email:  deg.farre...@asu.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.
>
>
>
> --
> Pat Aufderheide, University Professor and Director
> Center for Social Media, School of Communication
> American University
> 3201 New Mexico Av. NW, #330
> Washington, DC 20016-8080
> www.centerforsocialmedia.org
> pauf...@american.edu
> 202-643-5356
>
> Order Reclaiming Fair Use: How to Put Balance Back in Copyright, with
> Peter Jaszi. University of Chicago Press, 2011.
> 
>
> Sample Reclaiming Fair Use! 
>
> Early comments on Reclaiming Fair Use:
>
> "The Supreme Court has told us that fair use is one of the "traditional
> safeguards" of the First Amendment.  As this book makes abundantly clear,
> nobody has done better work making sure that safeguard is actually
> effective than Aufderheide and Jaszi.  The day we have a First Amendment
> Hall of 

[Videolib] Metropolis (1927): Need PPR/rights

[Bahr, Philip]

Does anyone know who owns the rights for Metropolis?  Swank doesn't.

Thanks,
Philip

Philip Bahr
Reference & Media Librarian
Fairfield University
pb...@fairfield.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] Metropolis (1927): Need PPR/rights

[Dennis Doros]

Kino.



On Thu, Feb 16, 2012 at 1:19 PM, Bahr, Philip  wrote:

>  Does anyone know who owns the rights for Metropolis?  Swank doesn’t. 
>
>
> Thanks,
>
> Philip
>
> ** **
>
> Philip Bahr
>
> Reference & Media Librarian
>
> Fairfield University
>
> pb...@fairfield.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.
>
>


-- 
Best regards,
Dennis Doros
Milestone Film & Video/Milliarium Zero
PO Box 128
Harrington Park, NJ 07640
Phone: 201-767-3117
Fax: 201-767-3035
email: milefi...@gmail.com
www.milestonefilms.com
www.comebackafrica.com
www.yougottomove.com
www.ontheboweryfilm.com
www.arayafilm.com
www.exilesfilm.com
www.wordisoutmovie.com
www.killerofsheep.com

Join "Milestone Film" on Facebook and Twitter!
and the
Association of Moving Image Archivists !


Follow Milestone on Twitter! 
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] Metropolis (1927): Need PPR/rights

[Dave Dvorchak]

Kino.

On Thursday, February 16, 2012, Bahr, Philip  wrote:
> Does anyone know who owns the rights for Metropolis?  Swank doesn’t.
>
> Thanks,
>
> Philip
>
>
>
> Philip Bahr
>
> Reference & Media Librarian
>
> Fairfield University
>
> pb...@fairfield.edu

-- 
David Dvorchak
Office Manager
Providence Community Library
ddvorc...@provcomlib.org
(401) 467-2700 x2
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] Metropolis (1927): Need PPR/rights

[Elizabeth Sheldon]

Hi Philip,

Dave is correct, the rights are with Kino and we offer the film both with PPR, 
without PPR and with DSL. Give us a shout if you have any questions.

Best,

Elizabeth

Elizabeth Sheldon
Vice President
Kino Lorber, Inc.
333 W. 39th St., Suite 503
New York, NY 10018
(212) 629-6880

www.kinolorberedu.com


On Feb 16, 2012, at 1:25 PM, Dave Dvorchak wrote:

> Kino.
> 
> On Thursday, February 16, 2012, Bahr, Philip  wrote:
> > Does anyone know who owns the rights for Metropolis?  Swank doesn’t.
> >
> > Thanks,
> >
> > Philip
> >
> >  
> >
> > Philip Bahr
> >
> > Reference & Media Librarian
> >
> > Fairfield University
> >
> > pb...@fairfield.edu
> 
> -- 
> David Dvorchak
> Office Manager
> Providence Community Library
> ddvorc...@provcomlib.org
> (401) 467-2700 x2
> 
> 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] ACRL Best Practices

[Jessica Rosner]

Actually it is supported by the law. The Kinko's case is literally the only case
directly on point and it has not been overturned. The problem is that
the people concerned about this simply do not have the legal resources
to fight it in court.

I could claim that there is no precedent that says I can not make
copies of every Seinfield episode and hand them out for free on the
street because there has been no EXACT case saying that I could not.

On Thu, Feb 16, 2012 at 11:32 AM, Brown, Roger  wrote:
> Hi, Jessica,
>
> I think Michael is pointing out that there is no explicit ruling against
> use of an entire work, depending upon the way Fair Use or Teach or 108 is
> interpreted and the circumstances.  Kim Stanton also points out that the
> distinction between core resources and ancillary ones is blurring.
>
> Your apparent insistence that the streaming and performance of a full
> feature is illegal under any and all circumstances including fair use
> isn't supported by case law at this point.
>
>
> - -
> Roger Brown
> Manager
> UCLA Instructional Media Collections & Services
> 46 Powell Library
> Los Angeles, CA  90095-1517
> office: 310-206-1248
> fax: 310-206-5392
> rbr...@oid.ucla.edu
>
>
>
>
>
> On 2/16/12 7:53 AM, "Jessica Rosner"  fashioned
> the following lines:
>
>>This is NOT about TEACH Michael which has it's own rules and this
>>discussion has been about wholesale digitizing and streaming of
>>feature works as "fair use"
>>
>>On Thu, Feb 16, 2012 at 10:45 AM, Brewer, Michael
>> wrote:
>>> There is a big difference between a performance and making a copy for
>>>download. A streamed "performance" (of a recorded reading) of a book
>>>actually might very well fall under TEACH, even if the book were read in
>>>its entirety.  It depends on whether or not it would meet all the
>>>criteria in the law, most specifically what kind of work it is and how
>>>one defines "nondramatic literary work."
>>>
>>> See the Exceptions for Instructors eTool for more information,
>>>specifically this page and the notes:
>>>http://librarycopyright.net/etool/reasonableandlimited.php?ca=1
>>>
>>> Entire works - books, video, etc. - may also be used in their entirety
>>>(streamed, made available for download, etc.) for research and teaching
>>>if they are in their last 10 years of copyright protection and are not
>>>being commercially exploited.
>>>
>>> I know that these are specific exceptions, but it is important for
>>>people to understand that there is no prohibition on using entire works
>>>without the permission of the copyright holder.  There are exceptions in
>>>110, 108 and 107 (Sony, Bill Graham Archives, etc.), among others.
>>>
>>> mb
>>>
>>>
>>> On Feb 16, 2012, at 8:18 AM, Jessica Rosner wrote:
>>>
 My "paranoia". You mean about saying "fair use" means an entire film
 can be streamed if a professor says he needs it which is directly
 contrary to the entire history of "fair use" and would be another
 likely fatal blow for independent film distribution. I would still
 like to know why you "sell" your books as opposed to making them
 available for free as downloads since that appears to be what you want
 filmmakers to do.

 I wish I could figure a way to make this my sig for videolib posts

 " The mere fact that the portions copied by Kinko¹s were those that
 the college professor singled out as being critical parts of the books
 demonstrates that even if not ³the heart of² the works in question,
 the parts copied were substantial in quality"

 ( Yes I know Kinko's was "for profit" but I can't see how that changes
 the long established concept per above that "fair use"  is  PORTIONS
 of works used to create NEW WORKS)


 On Thu, Feb 16, 2012 at 9:20 AM, Patricia Aufderheide
  wrote:
> It would be great to do more education, and ARL is eager to do so!
>Thank
> you! Enough with the paranoia!
>
>
> On Mon, Feb 6, 2012 at 2:37 PM, Sarah E. McCleskey
>  wrote:
>>
>> Would a proposal for a program on the new code of best practices be
>> welcome at National Media Market, or would such a session it just
>>turn into
>> a rant session?  I'm thinking of a general discussion then breakout
>>into
>> smaller groups with "real life" examples to discuss, is a particular
>>use
>> covered by fair use, 110-b, etc.  But I don't want to bad feelings!!
>>
>> Sarah
>>
>> Sarah E. McCleskey
>> Head of Access Services
>> Acting Director, Film and Media Library
>> 112 Axinn Library
>> Hofstra University
>> Hempstead, NY 11549-1230
>> sarah.e.mccles...@hofstra.edu
>> 516-463-5076 (o)
>> 516-463-4309 (f)
>>
>>
>>
>> -Original Message-
>> From: videolib-boun...@lists.berkeley.edu
>> [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Stanton,
>>Kim
>> Sent: Monday, February 06, 2012 2:16 PM
>> To:

Re: [Videolib] Seminar on ARL code, take advantage! for your health!

[Jessica Rosner]

Well remember the saying "Just because I am paranoid doesn't mean
everyone isn't out to get me"

On Thu, Feb 16, 2012 at 11:04 AM, Jonathan Miller
 wrote:
> Now you are a psychotherapist as well?
>
>  JM
>
>
>
>
>
> From: videolib-boun...@lists.berkeley.edu
> [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Patricia
> Aufderheide
> Sent: Thursday, February 16, 2012 9:13 AM
> To: videolib@lists.berkeley.edu
> Cc: Brandon Butler
> Subject: Re: [Videolib] Seminar on ARL code, take advantage! for your
> health!
>
>
>
> I strongly encourage people to attend this or other webinars being hosted
> around the country by ARL on the Code (
> http://www.arl.org/pp/ppcopyright/codefairuse/code-calendar.shtml ). The
> echo chamber effect on this listserv of panic is really not healthy for
> anyone. The fear, panic and alarm can be alleviated tremendously by actually
> reading the code (among other places, at arl.org/fairuse), and if you for
> any reason believe that the Code does not meet the standards of the law, I
> encourage you to consult one of the briefings on the ARL's fair use site, or
> delve deeper into the legal and scholarly lit (we did) at this site: (
> http://www.arl.org/pp/ppcopyright/codefairuse/further-info.shtml). But
> please do not scare yourselves into believing that the Code impairs the
> relationship between creativity and connection. It's unnecessary and
> harmful, to you among others. Librarians using the Code will continue to
> need, want and even love and pay for the work of filmmakers producing work
> for their patrons, while they also judiciously and appropriately employ
> their fair use rights (just as documentarians, journalists, scholars and
> other creators of work that librarians preserve and make available do). Do
> take the opportunity to educate yourselves; it will go far to reduce
> anxiety.
>
>
>
> On Mon, Feb 6, 2012 at 7:20 PM, Deg Farrelly  wrote:
>
> FYI
>
>
>
> Virtual seminar sponsored by NACUA, the National Association of College and
> University Attorneys in conjunction with The Association of Research
> Libraries and the American Council on Education.
>
>
>
> The date of the seminar is Thursday, February 23, 2012
>
>
>
> The online portion of the program is scheduled to start at 10:00 am and will
> run until 12 noon.
>
>
>
> More info here:
>  http://www.nacua.org/meetings/virtualseminars/february2012/home.html
>
>
>
> -deg
>
>
>
>
>
> --
>
> deg farrelly
>
> Arizona State University
>
> P.O. Box 871006
>
> Tempe, AZ 85287
>
> Phone:  480.965.1403
>
> Email:  deg.farre...@asu.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.
>
>
>
>
>
> --
> Pat Aufderheide, University Professor and Director
> Center for Social Media, School of Communication
> American University
> 3201 New Mexico Av. NW, #330
> Washington, DC 20016-8080
> www.centerforsocialmedia.org
> pauf...@american.edu
> 202-643-5356
>
> Order Reclaiming Fair Use: How to Put Balance Back in Copyright, with Peter
> Jaszi. University of Chicago Press, 2011.
>
>
> Sample Reclaiming Fair Use!
>
> Early comments on Reclaiming Fair Use:
>
> "The Supreme Court has told us that fair use is one of the "traditional
> safeguards" of the First Amendment.  As this book makes abundantly clear,
> nobody has done better work making sure that safeguard is actually effective
> than Aufderheide and Jaszi.  The day we have a First Amendment Hall of Fame,
> their names should be there engraved in stone.  --Lewis Hyde, author, Common
> as Air: Revolution, Art and Ownership
>
> “Reclaiming Fair Use will be an important and widely read book that scholars
> of copyright law will find a ‘must have’ for their bookshelves. It is a
> sound interpretation of the law and offers useful guidance to the creative
> community that goes beyond what some of the most ideological books about
> copyright tend to say.”—Pamela Samuelson, University of California, Berkeley
> School of Law
>
> "If you only read one book about copyright this year, read Reclaiming Fair
> Use.  It is the definitive history of the cataclysmic change in the custom
> and practice surrounding the  fair use of materials  by filmmakers and other
> groups."  --Michael Donaldson, Esq. Senior Partner, Donaldson & Callif, Los
> Angeles.
>
>
>
>
>
>
> 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
> workin

Re: [Videolib] ACRL Best Practices

[Jonathan Miller]

We do have the resources NOT to sell to UCLA until and unless they modify
their position in this regard, and this our policy, and we urge all other
distributors to adopt the same position as Icarus Films and Fanlight
Productions. 

And if we learn/know that any other library/university does or intends to
assert the same thing, we won't sell to them, either. 

JM


Jonathan Miller
President
Icarus Films
32 Court Street, 21st Floor
Brooklyn, NY 11201

www.IcarusFilms.com
http://HomeVideo.IcarusFilms.com

Tel 1.718.488.8900
Fax 1.718.488.8642
jmil...@icarusfilms.com



-Original Message-
From: videolib-boun...@lists.berkeley.edu
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner
Sent: Thursday, February 16, 2012 1:53 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] ACRL Best Practices

Actually it is supported by the law. The Kinko's case is literally the only
case directly on point and it has not been overturned. The problem is that
the people concerned about this simply do not have the legal resources to
fight it in court.

I could claim that there is no precedent that says I can not make copies of
every Seinfield episode and hand them out for free on the street because
there has been no EXACT case saying that I could not.

On Thu, Feb 16, 2012 at 11:32 AM, Brown, Roger  wrote:
> Hi, Jessica,
>
> I think Michael is pointing out that there is no explicit ruling 
> against use of an entire work, depending upon the way Fair Use or 
> Teach or 108 is interpreted and the circumstances.  Kim Stanton also 
> points out that the distinction between core resources and ancillary ones
is blurring.
>
> Your apparent insistence that the streaming and performance of a full 
> feature is illegal under any and all circumstances including fair use 
> isn't supported by case law at this point.
>
>
> - -
> Roger Brown
> Manager
> UCLA Instructional Media Collections & Services
> 46 Powell Library
> Los Angeles, CA  90095-1517
> office: 310-206-1248
> fax: 310-206-5392
> rbr...@oid.ucla.edu
>
>
>
>
>
> On 2/16/12 7:53 AM, "Jessica Rosner"  
> fashioned the following lines:
>
>>This is NOT about TEACH Michael which has it's own rules and this 
>>discussion has been about wholesale digitizing and streaming of 
>>feature works as "fair use"
>>
>>On Thu, Feb 16, 2012 at 10:45 AM, Brewer, Michael 
>> wrote:
>>> There is a big difference between a performance and making a copy 
>>>for download. A streamed "performance" (of a recorded reading) of a 
>>>book actually might very well fall under TEACH, even if the book were 
>>>read in its entirety.  It depends on whether or not it would meet all 
>>>the criteria in the law, most specifically what kind of work it is 
>>>and how one defines "nondramatic literary work."
>>>
>>> See the Exceptions for Instructors eTool for more information, 
>>>specifically this page and the notes:
>>>http://librarycopyright.net/etool/reasonableandlimited.php?ca=1
>>>
>>> Entire works - books, video, etc. - may also be used in their 
>>>entirety (streamed, made available for download, etc.) for research 
>>>and teaching if they are in their last 10 years of copyright 
>>>protection and are not being commercially exploited.
>>>
>>> I know that these are specific exceptions, but it is important for 
>>>people to understand that there is no prohibition on using entire 
>>>works without the permission of the copyright holder.  There are 
>>>exceptions in 110, 108 and 107 (Sony, Bill Graham Archives, etc.), among
others.
>>>
>>> mb
>>>
>>>
>>> On Feb 16, 2012, at 8:18 AM, Jessica Rosner wrote:
>>>
 My "paranoia". You mean about saying "fair use" means an entire 
 film can be streamed if a professor says he needs it which is 
 directly contrary to the entire history of "fair use" and would be 
 another likely fatal blow for independent film distribution. I 
 would still like to know why you "sell" your books as opposed to 
 making them available for free as downloads since that appears to 
 be what you want filmmakers to do.

 I wish I could figure a way to make this my sig for videolib posts

 " The mere fact that the portions copied by Kinko¹s were those that 
 the college professor singled out as being critical parts of the 
 books demonstrates that even if not ³the heart of² the works in 
 question, the parts copied were substantial in quality"

 ( Yes I know Kinko's was "for profit" but I can't see how that 
 changes the long established concept per above that "fair use"  is  
 PORTIONS of works used to create NEW WORKS)


 On Thu, Feb 16, 2012 at 9:20 AM, Patricia Aufderheide 
  wrote:
> It would be great to do more education, and ARL is eager to do so!
>Thank
> you! Enough with the paranoia!
>
>
> On Mon, Feb 6, 2012 at 2:37 PM, Sarah E. McCleskey 
>  wrote:
>>
>> Would a proposal for a program on the new code of best practices 
>>be  welco

Re: [Videolib] ACRL Best Practices

[Jessica Rosner]

I would strongly advise every distributor on this list to only sell
titles with a signed
contract that clearly lays out the terms of use ( as in no streaming
without a license)
It is a contract. However I would not try this with UCLA I know for a
fact that there were titles that came with such a contract and UCLA
ignored it.

However this only protects new releases and "educational" media from abuse.

The bottom line is that there does in fact have to be a legal case. If
the Georgia State case gets past "Sovereign Immunity" it would likely
be sufficient.

On Thu, Feb 16, 2012 at 1:57 PM, Jonathan Miller
 wrote:
> We do have the resources NOT to sell to UCLA until and unless they modify
> their position in this regard, and this our policy, and we urge all other
> distributors to adopt the same position as Icarus Films and Fanlight
> Productions.
>
> And if we learn/know that any other library/university does or intends to
> assert the same thing, we won't sell to them, either.
>
> JM
>
>
> Jonathan Miller
> President
> Icarus Films
> 32 Court Street, 21st Floor
> Brooklyn, NY 11201
>
> www.IcarusFilms.com
> http://HomeVideo.IcarusFilms.com
>
> Tel 1.718.488.8900
> Fax 1.718.488.8642
> jmil...@icarusfilms.com
>
>
>
> -Original Message-
> From: videolib-boun...@lists.berkeley.edu
> [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner
> Sent: Thursday, February 16, 2012 1:53 PM
> To: videolib@lists.berkeley.edu
> Subject: Re: [Videolib] ACRL Best Practices
>
> Actually it is supported by the law. The Kinko's case is literally the only
> case directly on point and it has not been overturned. The problem is that
> the people concerned about this simply do not have the legal resources to
> fight it in court.
>
> I could claim that there is no precedent that says I can not make copies of
> every Seinfield episode and hand them out for free on the street because
> there has been no EXACT case saying that I could not.
>
> On Thu, Feb 16, 2012 at 11:32 AM, Brown, Roger  wrote:
>> Hi, Jessica,
>>
>> I think Michael is pointing out that there is no explicit ruling
>> against use of an entire work, depending upon the way Fair Use or
>> Teach or 108 is interpreted and the circumstances.  Kim Stanton also
>> points out that the distinction between core resources and ancillary ones
> is blurring.
>>
>> Your apparent insistence that the streaming and performance of a full
>> feature is illegal under any and all circumstances including fair use
>> isn't supported by case law at this point.
>>
>>
>> - -
>> Roger Brown
>> Manager
>> UCLA Instructional Media Collections & Services
>> 46 Powell Library
>> Los Angeles, CA  90095-1517
>> office: 310-206-1248
>> fax: 310-206-5392
>> rbr...@oid.ucla.edu
>>
>>
>>
>>
>>
>> On 2/16/12 7:53 AM, "Jessica Rosner" 
>> fashioned the following lines:
>>
>>>This is NOT about TEACH Michael which has it's own rules and this
>>>discussion has been about wholesale digitizing and streaming of
>>>feature works as "fair use"
>>>
>>>On Thu, Feb 16, 2012 at 10:45 AM, Brewer, Michael
>>> wrote:
 There is a big difference between a performance and making a copy
for download. A streamed "performance" (of a recorded reading) of a
book actually might very well fall under TEACH, even if the book were
read in its entirety.  It depends on whether or not it would meet all
the criteria in the law, most specifically what kind of work it is
and how one defines "nondramatic literary work."

 See the Exceptions for Instructors eTool for more information,
specifically this page and the notes:
http://librarycopyright.net/etool/reasonableandlimited.php?ca=1

 Entire works - books, video, etc. - may also be used in their
entirety (streamed, made available for download, etc.) for research
and teaching if they are in their last 10 years of copyright
protection and are not being commercially exploited.

 I know that these are specific exceptions, but it is important for
people to understand that there is no prohibition on using entire
works without the permission of the copyright holder.  There are
exceptions in 110, 108 and 107 (Sony, Bill Graham Archives, etc.), among
> others.

 mb


 On Feb 16, 2012, at 8:18 AM, Jessica Rosner wrote:

> My "paranoia". You mean about saying "fair use" means an entire
> film can be streamed if a professor says he needs it which is
> directly contrary to the entire history of "fair use" and would be
> another likely fatal blow for independent film distribution. I
> would still like to know why you "sell" your books as opposed to
> making them available for free as downloads since that appears to
> be what you want filmmakers to do.
>
> I wish I could figure a way to make this my sig for videolib posts
>
> " The mere fact that the portions copied by Kinko¹s were those that
> the college professor singled out as 

Re: [Videolib] videolib Digest, Vol 51, Issue 53

[Sandra K McVey]

Please unsubscribe me, I don't remember my password.

Thanks,
Sandra McVey

sk-mc...@wiu.edu


- Original Message -
From: videolib-requ...@lists.berkeley.edu
To: videolib@lists.berkeley.edu
Sent: Thursday, February 16, 2012 1:09:56 PM
Subject: videolib Digest, Vol 51, Issue 53

Send videolib mailing list submissions to
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Today's Topics:

   1. Re: ACRL Best Practices (Jessica Rosner)


--

Message: 1
Date: Thu, 16 Feb 2012 14:09:48 -0500
From: Jessica Rosner 
Subject: Re: [Videolib] ACRL Best Practices
To: videolib@lists.berkeley.edu
Message-ID:

Content-Type: text/plain; charset=ISO-8859-1

I would strongly advise every distributor on this list to only sell
titles with a signed
contract that clearly lays out the terms of use ( as in no streaming
without a license)
It is a contract. However I would not try this with UCLA I know for a
fact that there were titles that came with such a contract and UCLA
ignored it.

However this only protects new releases and "educational" media from abuse.

The bottom line is that there does in fact have to be a legal case. If
the Georgia State case gets past "Sovereign Immunity" it would likely
be sufficient.

On Thu, Feb 16, 2012 at 1:57 PM, Jonathan Miller
 wrote:
> We do have the resources NOT to sell to UCLA until and unless they modify
> their position in this regard, and this our policy, and we urge all other
> distributors to adopt the same position as Icarus Films and Fanlight
> Productions.
>
> And if we learn/know that any other library/university does or intends to
> assert the same thing, we won't sell to them, either.
>
> JM
>
>
> Jonathan Miller
> President
> Icarus Films
> 32 Court Street, 21st Floor
> Brooklyn, NY 11201
>
> www.IcarusFilms.com
> http://HomeVideo.IcarusFilms.com
>
> Tel 1.718.488.8900
> Fax 1.718.488.8642
> jmil...@icarusfilms.com
>
>
>
> -Original Message-
> From: videolib-boun...@lists.berkeley.edu
> [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner
> Sent: Thursday, February 16, 2012 1:53 PM
> To: videolib@lists.berkeley.edu
> Subject: Re: [Videolib] ACRL Best Practices
>
> Actually it is supported by the law. The Kinko's case is literally the only
> case directly on point and it has not been overturned. The problem is that
> the people concerned about this simply do not have the legal resources to
> fight it in court.
>
> I could claim that there is no precedent that says I can not make copies of
> every Seinfield episode and hand them out for free on the street because
> there has been no EXACT case saying that I could not.
>
> On Thu, Feb 16, 2012 at 11:32 AM, Brown, Roger  wrote:
>> Hi, Jessica,
>>
>> I think Michael is pointing out that there is no explicit ruling
>> against use of an entire work, depending upon the way Fair Use or
>> Teach or 108 is interpreted and the circumstances. ?Kim Stanton also
>> points out that the distinction between core resources and ancillary ones
> is blurring.
>>
>> Your apparent insistence that the streaming and performance of a full
>> feature is illegal under any and all circumstances including fair use
>> isn't supported by case law at this point.
>>
>>
>> - -
>> Roger Brown
>> Manager
>> UCLA Instructional Media Collections & Services
>> 46 Powell Library
>> Los Angeles, CA ?90095-1517
>> office: 310-206-1248
>> fax: 310-206-5392
>> rbr...@oid.ucla.edu
>>
>>
>>
>>
>>
>> On 2/16/12 7:53 AM, "Jessica Rosner" 
>> fashioned the following lines:
>>
>>>This is NOT about TEACH Michael which has it's own rules and this
>>>discussion has been about wholesale digitizing and streaming of
>>>feature works as "fair use"
>>>
>>>On Thu, Feb 16, 2012 at 10:45 AM, Brewer, Michael
>>> wrote:
 There is a big difference between a performance and making a copy
for download. A streamed "performance" (of a recorded reading) of a
book actually might very well fall under TEACH, even if the book were
read in its entirety. ?It depends on whether or not it would meet all
the criteria in the law, most specifically what kind of work it is
and how one defines "nondramatic literary work."

 See the Exceptions for Instructors eTool for more information,
specifically this page and the notes:
http://librarycopyright.net/etool/reasonableandlimited.php?ca=1

 Entire works - books, video, etc. - may also be used in their
entirety (streamed, made available for download, etc.) for research

Re: [Videolib] (was) Looking for The Red and the Black - region 1 dvds

[Susan Weber]

Nadia:
Somebody gave you incorrect advice.  You apply the law of the country 
where you will be using the item, not
the law where you buy from.  As Jessica just said, we, in Canada, wish 
it were the other way around, but
because it isn't, we have to pay millions of dollars extra (nationally) 
for PPR rights for the very same item that you, in

the US do not have to pay (classroom face-to-face screenings).
It is the Berne Convention where this is spelled out, in case you want 
to explore why.  The US has signed on to

this Convention, therefore they are supposed to uphold its premises.

Susan

On 16/02/2012 7:18 AM, Nadia Gabriel wrote:

Hi all,

I did mean Region TWO dvds, in this case, published in France, sorry!!

What I've heard so far from librarians in France and in the US is that 
we apply the law of the country we're buying from: There is no 
"Doctrine of First Sale" in France - librarians pay an extra fee for 
each DVD they purchase. Many of them use vendors whose job is to 
negociate prices with the publishers that include the lending fee, so 
as not to deal with each publishers themselves. The most famous 
vendors are Colaco, http://www.colaco.fr/?p=droits, and ADAV, 
http://www.adav-assoc.com/qui.html. S expensive! 

This is more than a grey area to me... I'm totally in the dark here 
right now :(


Thanks Jessica for the tip on "digging to see if it has in fact been 
bought for US release and may be out". That's ok for a tiny portion of 
what's actually produced in Region 2.  In another thread, someone 
suggested that the simplest way to do this was just checking Amazon. 
That's what we do.


Thanks for your help,
Nadia



On Wed, Feb 15, 2012 at 8:59 PM, Nadia Gabriel > wrote:


Hi all,

I'm interrupting this conversation to bounce on Brigid's answer

Found this through a French site, but it is a Region 1 DVD
sold by amazon.com : [...]

How often do you purchase Region 1 DVDs for your library? If/when
you do, should you pay a copyright fee, or what they call "droit
de prêt" in France?
My customers ask for more French movies but most of them are
Regions 1 DVDs. More and more people have 'dezoned/multizone' DVD
players so the technical issue is not so much the matter nowadays
but I'm more concerned about the legal issues.

What do you think?

Thanks,

Nadia Gabriel
Librarian at Alliance Française de Washington


On Wed, Feb 15, 2012 at 3:56 PM,
mailto:videolib-requ...@lists.berkeley.edu>> wrote:

Send videolib mailing list submissions to
   videolib@lists.berkeley.edu


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 https://calmail.berkeley.edu/manage/list/listinfo/videolib@lists.berkeley.edu


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When replying, please edit your Subject line so it is more
specific
than "Re: Contents of videolib digest..."


Today's Topics:

  1. Looking for The Red and the Black (Deg Farrelly)
  2. Re: Looking for The Red and the Black (Jessica Rosner)
  3. Re: Looking for The Red and the Black (Brigid Duffy)
  4. Re: Looking for The Red and the Black
 (ghand...@library.berkeley.edu
)


--

Message: 1
Date: Tue, 14 Feb 2012 14:50:47 -0700
From: Deg Farrelly mailto:deg.farre...@asu.edu>>
Subject: [Videolib] Looking for The Red and the Black
To: "videolib@lists.berkeley.edu
"
mailto:videolib@lists.berkeley.edu>>
Message-ID: mailto:cb602547.1017f%25ic...@exchange.asu.edu>>
Content-Type: text/plain; charset="us-ascii"

My day to ask for help.

Looking for DVD of 1957 version of The Red and the Black
produced by Franco London Films S.A. and Documento Films.  Is
it out on DVD?  Not listed on Chris Lewis' excellent "Classics
Not on DVD" wiki in either English or French title:  Rouge et
le Noir)

We have an apparently bootleg VHS that has bit the dust (NOT
acquired under MY watch!)

Thanx.


--
deg farrelly
Arizona State University
P.O. Box 871006
Tempe, AZ 85287
Phone:  480.965.1403 
Email:  deg.farre...@asu.edu 
-- next part --
An HTML attachment scrubbed and removed.
   

[Videolib] Palcy's Aime Cesaire and Peck's Man by the Shore

[Maureen Tripp]

Does anyone know if these titles are available on DVD?

Maureen Tripp
Media Librarian
Iwasaki Library
120 Boylston Street
Boston, MA 02116
maureen_tr...@emerson.edu
(617)824-8407



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] Palcy's Aime Cesaire and Peck's Man by the Shore

[ghandman]

Aime Cesaire is available from amazon France in PAL with no English
subtitles...and that's it.

gary handman



> Does anyone know if these titles are available on DVD?
>
> Maureen Tripp
> Media Librarian
> Iwasaki Library
> 120 Boylston Street
> Boston, MA 02116
> maureen_tr...@emerson.edu
> (617)824-8407
>
>
>
> 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.
>


Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley

510-643-8566
ghand...@library.berkeley.edu
http://www.lib.berkeley.edu/MRC

"I have always preferred the reflection of life to life itself."
--Francois Truffaut


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] Palcy's Aime Cesaire and Peck's Man by the Shore

[Jessica Rosner]

I know MAN BY THE SHORE came up before and I think someone had a
contact for Peck, though I am pretty sure there has been no DVD
release.

On Thu, Feb 16, 2012 at 2:52 PM,   wrote:
> Aime Cesaire is available from amazon France in PAL with no English
> subtitles...and that's it.
>
> gary handman
>
>
>
>> Does anyone know if these titles are available on DVD?
>>
>> Maureen Tripp
>> Media Librarian
>> Iwasaki Library
>> 120 Boylston Street
>> Boston, MA 02116
>> maureen_tr...@emerson.edu
>> (617)824-8407
>>
>>
>>
>> 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.
>>
>
>
> Gary Handman
> Director
> Media Resources Center
> Moffitt Library
> UC Berkeley
>
> 510-643-8566
> ghand...@library.berkeley.edu
> http://www.lib.berkeley.edu/MRC
>
> "I have always preferred the reflection of life to life itself."
> --Francois Truffaut
>
>
> 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.



-- 
Jessica Rosner
Media Consultant
224-545-3897 (cell)
212-627-1785 (land line)
jessicapros...@gmail.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] True West on DVD?

[Foster, Jennifer]

Is True West(Sam Shepard's with Gary Sinise and John Malkovich) available 
anywhere on DVD that anyone knows of?  Thanks!


Jennifer Foster
Media Librarian
Victoria College/University of Houston-Victoria Library
361.570.4195
http://vcuhvlibrary.uhv.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] True West on DVD?

[Randy Pitman]

N. Unfortunately :) I still have my VHS copy.

Best,

Randy

NOTE NEW ADDRESS & FAX

Randy Pitman
Publisher/Editor
Video Librarian
3435 Nine Boulder Dr.
Poulsbo, WA 98370
Tel: (360) 626-1259
Fax (360) 626-1260
E-mail: vid...@videolibrarian.com
Web: www.videolibrarian.com
-Original Message- 
From: Foster, Jennifer
Sent: Thursday, February 16, 2012 1:55 PM
To: videolib@lists.berkeley.edu
Subject: [Videolib] True West on DVD?

Is True West(Sam Shepard's with Gary Sinise and John Malkovich) available 
anywhere on DVD that anyone knows of?  Thanks!


Jennifer Foster
Media Librarian
Victoria College/University of Houston-Victoria Library
361.570.4195
http://vcuhvlibrary.uhv.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 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] ACRL Best Practices

[Lawrence Daressa]

To follow up on Jonathan and Gary's posts, Newsreel reluctantly has
refused to sell DVDs to institutions which like UCLA will not agree to
license content for DVD delivery. This would include films where we
didn't have digital delivery rights or where embedded digital rights had
not been cleared. We are not talking here about infringement of a
copyright or a fair use claim but a legally binding license with our
producers and with an institution. 

When we have reason to believe an institution has used a DVD in a way
explicitly excluded in its license. Newsreel asks that the illicit
content be removed. If it wasn't we would feel obligated to inform the
copyright holder of the infringement and advise them to contact the
copyright holders of embedded music and stock footage of the violation.
In this way liabilities and damages are transferred from the distributor
and producer to the infringing institution. I'm happy to say that so far
that all the institutions we've had to contact have cooperative with our
request.  

This, of course, does not address the far more important and interesting
question of fair use. I enter these lists (bad pun) reluctantly.  I have
always been troubled that the "codes of best practices" promulgated by
ACRL , CSM and their ilk, without consultation with copyright holders,
seem curiously evasive, disingenuous and obfuscatory when it comes to
explaining what would not be a transformative use. For them
"transformation" seems the digital equivalent of transubstantiation - an
article of faith. Just as there are gray areas around any issue, there
are also black and white areas;  such coyness from so vociferous a lobby
cannot help but arouse suspicion. 
 
Is it really that hard to grok that the use of an educational film
explaining cell division when used to "explain, describe or illustrate"
cell division is not a transformative use? Or that a complete
performance of a play by Shakespeare screened so a class can watch that
play performed is not a transformative use? Or that it is not
transformed by a  professor asking his or her students to write an essay
about it or giving a lecture about it?  The groundlings in 1604, just
liker a student today bring whatever purposes or preconceptions they
wish to a performance without transforming that performance only its
reading. 

Here's a little "thought experiment."  If a professor interspersed that
performance with commentary (live, voice- over or embedded) such that
the performance was largely replaced by that interpretation or analysis
that seems like a legitimate gray area to me. A simple test might be if
those interpellations were so transformative (i.e. intrusive) that a
student would need to view the performance without them. We face this
choice whenever we buy a DVD with a commentary track. No doubt some
students would rather hear their teacher's words than Shakespeare's,
just as some cineastes, familiar with a film, might prefer to hear the
director's comments than the dialogue. If both ends can be reasonably
achieved at once, there would be reason to suspect the use was
insufficiently transformative because it could function as a copy of the
original.  Many of today's Fair Use buccaneer$ seem to want to blur
rather than clarify such distinctions.

Such a non-transformative use would obviously damage the market for the
copyrighted material but, even if it didn't, it seems to me it would
constitute a copyright violation. An educational use does not ipso facto
constitute a fair use unless it is transformative not just expedient.
Few professors would be so reckless as to digitize an entire textbook or
novel and deliver it to their students on the grounds that mirabile
dictu it was being used educationally.  Why is educational media so
different? Because professors write textbooks rather than make films?
Because librarians have a printist bias? Budget crunch? Overweening
sense of entitlement? .  
.
Larry..  

-Original Message-
From: videolib-boun...@lists.berkeley.edu
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of
videolib-requ...@lists.berkeley.edu
Sent: Thursday, February 16, 2012 10:59 AM
To: videolib@lists.berkeley.edu
Subject: videolib Digest, Vol 51, Issue 52

Send videolib mailing list submissions to
videolib@lists.berkeley.edu

To subscribe or unsubscribe via the World Wide Web, visit

https://calmail.berkeley.edu/manage/list/listinfo/videolib@lists.berkele
y.edu

or, via email, send a message with subject or body 'help' to
videolib-requ...@lists.berkeley.edu

You can reach the person managing the list at
videolib-ow...@lists.berkeley.edu

When replying, please edit your Subject line so it is more specific
than "Re: Contents of videolib digest..."


Today's Topics:

   1. Re: Seminar on ARL code, take advantage! for your health!
  (Jessica Rosner)
   2. Re: ACRL Best Practices (Jonathan Miller)


--

M

[Videolib] Canadian PPR vs. U.S. PPR income

[Steve Connolly]

I agree with Susan Weber¹s assertion that you have to Œapply the law of the
country where you will be using the item.¹

I have to take exception, however, to her statement that Œwe in
Canada...have to pay millions of dollars extra (nationally) for PPR rights
for the very same item...²   I don¹t know of any empirical data that would
support this.  If someone has any idea of how much American educational
institutions vs. Canadian educational institutions buy from the ŒRetail¹
market vs. the ŒNon-Retail¹ market to build their educational resource
collections, (which you¹re allowed to use, and we¹re not) I¹d love to hear
about it.   I suspect, despite the differences in our copyright laws, it¹s
not that significant.  If it is, then I¹m not getting my share of the
³millions of dollars extra.²

Steve Connolly | 866.722.1522 | steveconno...@mcnabbconnolly.ca |
http://www.mcnabbconnolly.ca











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] Canadian PPR vs. U.S. PPR income

[Jessica Rosner]

I suspect the effect on the "educational" market is not too big but on
the larger retail market it is very high, though no idea if it is the
millions. I would imagine the cost of
an educational film not sold wholesale or to individuals is roughly
the same in Canada and the US, however feature films and for lack of
better word, popular works of non fiction that are available retail
the difference would be huge. $25 for a copy of Citizen Kane , Amelie
or Fog of War or a hundred dollars a year. Actually I am not clear if
most libraries do an annual site license covering a large number of
films or title by title but even the largest company up there would
not have rights to thousands of films requiring libraries to hunt them
down one by one.

Well my northern friends, what will it be, the ability to use films in
classes without paying extra fees  (and heck now you can just copy and
stream them too) or health insurance? Your choice.

On Thu, Feb 16, 2012 at 7:38 PM, Steve Connolly
 wrote:
> I agree with Susan Weber’s assertion that you have to ‘apply the law of the
> country where you will be using the item.’
>
> I have to take exception, however, to her statement that ‘we in
> Canada...have to pay millions of dollars extra (nationally) for PPR rights
> for the very same item...”   I don’t know of any empirical data that would
> support this.  If someone has any idea of how much American educational
> institutions vs. Canadian educational institutions buy from the ‘Retail’
> market vs. the ‘Non-Retail’ market to build their educational resource
> collections, (which you’re allowed to use, and we’re not) I’d love to hear
> about it.   I suspect, despite the differences in our copyright laws, it’s
> not that significant.  If it is, then I’m not getting my share of the
> “millions of dollars extra.”
>
> Steve Connolly | 866.722.1522 | steveconno...@mcnabbconnolly.ca |
> http://www.mcnabbconnolly.ca
> 
>
>
>
>
>
>
>
>
>
>
> 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.
>



-- 
Jessica Rosner
Media Consultant
224-545-3897 (cell)
212-627-1785 (land line)
jessicapros...@gmail.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] videolib Digest, Vol 51, Issue 57

[Jean Reese]

Hello,

Actually, we were able to get permission to put our vhs tape of "True West" on 
dvd from the producers of the film.

I contacted jcredst...@aol.com and heard from Joan Candee, Executive 
Assistant to Harold Thau. She gave us permission via Harold Thau.  This was 
back in 2010 so I can't vouch for the contact information at this point. But it 
might be worth a try.

Hope this helps.

Jean
Jean Reese
Media LIbrary
Middle Tennessee State University
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 Original message 
>Date: Thu, 16 Feb 2012 15:19:00 -0800
>From:  (on behalf of )
>Subject: videolib Digest, Vol 51, Issue 57  
>To: 
>
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>Today's Topics:
>
>   1. True West on DVD? (Foster, Jennifer)
>   2. Re: True West on DVD? (Randy Pitman)
>   3. Re: ACRL Best Practices (Lawrence Daressa)
>
>Date: Thu, 16 Feb 2012 21:55:16 +
>From: "Foster, Jennifer"   
>Subject: [Videolib] True West on DVD?  
>To: "videolib@lists.berkeley.edu" 
>
>Is True West(Sam Shepard's with Gary Sinise and John Malkovich) available 
anywhere on DVD that anyone knows of?  Thanks!
>
>
>Jennifer Foster
>Media Librarian
>Victoria College/University of Houston-Victoria Library
>361.570.4195
>http://vcuhvlibrary.uhv.edu
>
>
>
>
>
>Date: Thu, 16 Feb 2012 14:10:15 -0800
>From: Randy Pitman   
>Subject: Re: [Videolib] True West on DVD?  
>To: 
>
>N. Unfortunately :) I still have my VHS copy.
>
>Best,
>
>Randy
>
>NOTE NEW ADDRESS & FAX
>
>Randy Pitman
>Publisher/Editor
>Video Librarian
>3435 Nine Boulder Dr.
>Poulsbo, WA 98370
>Tel: (360) 626-1259
>Fax (360) 626-1260
>E-mail: vid...@videolibrarian.com
>Web: www.videolibrarian.com
>-Original Message- 
>From: Foster, Jennifer
>Sent: Thursday, February 16, 2012 1:55 PM
>To: videolib@lists.berkeley.edu
>Subject: [Videolib] True West on DVD?
>
>Is True West(Sam Shepard's with Gary Sinise and John Malkovich) available 
>anywhere on DVD that anyone knows of?  Thanks!
>
>
>Jennifer Foster
>Media Librarian
>Victoria College/University of Houston-Victoria Library
>361.570.4195
>http://vcuhvlibrary.uhv.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. 
>
>
>
>
>
>Date: Thu, 16 Feb 2012 15:03:50 -0800
>From: Lawrence Daressa   
>Subject: Re: [Videolib] ACRL Best Practices  
>To: 
>
>
>
>To follow up on Jonathan and Gary's posts, Newsreel reluctantly has
>refused to sell DVDs to institutions which like UCLA will not agree to
>license content for DVD delivery. This would include films where we
>didn't have digital delivery rights or where embedded digital rights had
>not been cleared. We are not talking here about infringement of a
>copyright or a fair use claim but a legally binding license with our
>producers and with an institution. 
>
>When we have reason to believe an institution has used a DVD in a way
>explicitly excluded in its license. Newsreel asks that the illicit
>content be removed. If it wasn't we would feel obligated to inform the
>copyright holder of the infringement and advise them to contact the
>copyright holders of embedded music and stock footage of the violation.
>In this way liabilities and damages are transferred from the distributor
>and producer to the infringing institution. I'm happy to say that so far
>that all the institutions we've had to contact have cooperative with our
>request.  
>
>This, of course, does not address the far more important and interesting
>question of fair use. I enter these lists (bad pun) reluctantly.  I have
>always been troubled that the "codes of best practices" promulgated by
>ACRL , CSM and their ilk, without consultation with copyright holders,
>seem curiously evasive, disingenuous and obfuscatory when it comes to
>explaining what would not be a transformative use. For them
>"transformation" seems the digital equivalent of transubstantiation - an
>article of faith. Just as there are gray areas around any issue, there
>are also black and white areas;  such coyness from so vociferous a lobby