[Videolib] Impact of GSU
I'm not a lawyer, and I don't play one on TV but I don't think the GSU case will have any immediate specific application to copyright as it applies to media. The case was brought by print publishers to the digitizing of printed material, that is traditionally divided into chapters. That is where the 10% portion comes into the judge's decision, but is also related to the number of chapters in the book. Certainly the GSU ruling could be referred to by subsequent lawsuits (including the UCLA case). But since portions of media works are already covered under fair use and the TEACH act, and the bigger issue with media copying (for streaming mostly) concerns duplication of a work in its entirety I don't think GSU will have much impact on media rulings. Also worth noting, however, that the GSU ruling references the availability of readily/easily available/licensed digital versions, that may be a signal to distributors/copyright holders about licensing models for media. -deg deg farrelly ASU Libraries Arizona State University P.O. Box 871006 Tempe, Arizona 85287-1006 480.965.1403 On Wed, Jul 11, 2012 at 4:41 PM, Jo Ann Reynolds jo_ann.reyno...@lib.uconn.edu wrote: Just wondering . . . . ** ** I noticed that some universities have made changes to their copyright checklists based on the court decision. We decided to wait to see what, if anything, happened on appeal. I?ve not heard or seen anything, how ?bout you all? ** ** Thanks, Jo Ann 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] DVD care tips for patrons
Wipe from the center out, never in a circle, always clean with lint free cloth. John H. Streepy Library-Government Publications James E. Brooks Library Central Washington University 400 East University Way Ellensburg, WA 98926-7548 (509) 963-2861 http://www.lib.cwu.edu/Documents Hand to hand combat just goes with the territory. All part of being a librarian -- James Turner Rex Libris Transitus profusum est nocens! Peterson, Erika Day - petersed peter...@jmu.edu 7/12/2012 10:51 AM A group in our library is putting together a bookmark, mainly to experiment with QR codes, but they'll be including care tips for books and want to also include care tips for media. Do any of you have anything like this that you give to patrons already? Or can you suggest some things that you would include? I'm thinking along the lines of: If your DVD won't play try*., or make sure the DVD is seated firmly on the hub in the case to avoid scratches. Any tips? Erika * * * * * * Erika Peterson Director of Media Resources Carrier Library, James Madison University (540) 568-6770 http://www.lib.jmu.edu/media 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] FW: anything new with Georgia State?
The 10% number was just what the judge came up with to indicate that the amount favored or didn't favor fair use, not that the amount had to be less than 10% in order to be fair. I believe (but please correct me if I am wrong) that a good number of portions of works that exceeded 10% were upheld as fair by the judge. Michael Brewer Team Leader for Instructional Services University of Arizona Libraries brew...@u.library.arizona.edumailto:brew...@u.library.arizona.edu From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jo Ann Reynolds Sent: Wednesday, July 11, 2012 1:56 PM To: videolib@lists.berkeley.edu Subject: Re: [Videolib] FW: anything new with Georgia State? For print to digital changing the amount to 10%. From: videolib-boun...@lists.berkeley.edumailto:videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu]mailto:[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner Sent: Wednesday, July 11, 2012 4:52 PM To: videolib@lists.berkeley.edumailto:videolib@lists.berkeley.edu Subject: Re: [Videolib] FW: anything new with Georgia State? I am curious what kind of changes have they made in copyright check lists? Obviously I am interested mostly in how if at all this has changed in terms of media use. I don't think an appeal has been filed but it likely will be but it will take YEARS to wind itself through the courts. Remember GATT first became law in 1996. For reasons I never really understood it was only challenged years after it had already been in effect. it took several more years for the case to wind itself though the courts until Jan of this year when the Supreme Court upheld it. On Wed, Jul 11, 2012 at 4:41 PM, Jo Ann Reynolds jo_ann.reyno...@lib.uconn.edumailto:jo_ann.reyno...@lib.uconn.edu wrote: Just wondering . . . . I noticed that some universities have made changes to their copyright checklists based on the court decision. We decided to wait to see what, if anything, happened on appeal. I've not heard or seen anything, how 'bout you all? Thanks, Jo Ann Jo Ann Reynolds Reserve Services Coordinator University of Connecticut Libraries 369 Fairfield Road, Unit 1005RR Storrs, CT 06269-1005 jo_ann.reyno...@lib.uconn.edumailto:jo_ann.reyno...@lib.uconn.edu 860-486-1406tel:860-486-1406 860-486-5636tel:860-486-5636 (fax) http://classguides.lib.uconn.edu/mediaresources 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] FW: anything new with Georgia State?
No Michael none of the portions upheld was greater than 10% that was the cut off established by the judge. Basically she said that if the use exceeded more than 10% if would favor the rights holder (as you said) so not a total ban but a pretty bright line and clearly just a smidge under 100%. To be honest I can't get overly excited because the fact that you can not use an entire work of any length has been long established in copyright law but I thought this case would make that pretty obvious. FYI my copyright lawyer friend says to keep an eye out for the HathiTrust/Univ of Michigan ruling due out in the next month re digitizing copyrighted works. On Wed, Jul 11, 2012 at 5:46 PM, Brewer, Michael brew...@u.library.arizona.edu wrote: The 10% number was just what the judge came up with to indicate that the amount favored or didn’t favor fair use, not that the amount had to be less than 10% in order to be fair. I believe (but please correct me if I am wrong) that a good number of portions of works that exceeded 10% were upheld as fair by the judge. ** ** Michael Brewer Team Leader for Instructional Services University of Arizona Libraries brew...@u.library.arizona.edu ** ** *From:* videolib-boun...@lists.berkeley.edu [mailto: videolib-boun...@lists.berkeley.edu] *On Behalf Of *Jo Ann Reynolds *Sent:* Wednesday, July 11, 2012 1:56 PM *To:* videolib@lists.berkeley.edu *Subject:* Re: [Videolib] FW: anything new with Georgia State? ** ** For print to digital changing the amount to 10%. ** ** ** ** *From:* videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] *On Behalf Of *Jessica Rosner *Sent:* Wednesday, July 11, 2012 4:52 PM *To:* videolib@lists.berkeley.edu *Subject:* Re: [Videolib] FW: anything new with Georgia State? ** ** I am curious what kind of changes have they made in copyright check lists? Obviously I am interested mostly in how if at all this has changed in terms of media use. I don't think an appeal has been filed but it likely will be but it will take YEARS to wind itself through the courts. Remember GATT first became law in 1996. For reasons I never really understood it was only challenged years after it had already been in effect. it took several more years for the case to wind itself though the courts until Jan of this year when the Supreme Court upheld it. On Wed, Jul 11, 2012 at 4:41 PM, Jo Ann Reynolds jo_ann.reyno...@lib.uconn.edu wrote: Just wondering . . . . I noticed that some universities have made changes to their copyright checklists based on the court decision. We decided to wait to see what, if anything, happened on appeal. I’ve not heard or seen anything, how ‘bout you all? Thanks, Jo Ann Jo Ann Reynolds Reserve Services Coordinator University of Connecticut Libraries 369 Fairfield Road, Unit 1005RR Storrs, CT 06269-1005 jo_ann.reyno...@lib.uconn.edu 860-486-1406 860-486-5636 (fax) *http://classguides.lib.uconn.edu/mediaresources * 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. 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] Limits on amount of use
Once again, Jessica, you overstate your case. There is nothing established whatsoever in the law that an entire work cannot be used. Amount used is ONE of the fair use factors, and the courts HAVE ruled that 100% use is fair use in some cases. This is specifically true with cases involving art images. -deg deg farrelly ASU Libraries Arizona State University P.O. Box 871006 Tempe, Arizona 85287-1006 480.965.1403 snip To be honest I can't get overly excited because the fact that you can not use an entire work of any length has been long established in copyright law but I thought this case would make that pretty obvious. snip 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] Limits on amount of use
Deg, As you know I have always commented on the use of an entire feature film though I would actually make that any piece of media beyond a few minutes. You want to compare a single art image to two hour film for fair use ?There have been numerous copyright rulings over many, many years which have backed this up going all the way back 30 years to a New York State school district which got bitch slapped for recording and using numerous educational TV programs in its schools indefinitely claiming fair use. I am honestly not sure why the judge picked 10% as a bright line in the GSU case but again it is simply absurd given the entire history of fair use in copyright law to claim it would cover an entire work of any length anymore than there is somehow a separate definition of fair use for print Vs visual works. I do find it mind boggling that you honestly believe it is legal and somehow fair use to digitize and stream an entire work without clearance from the author/filmmaker/rights holder. I wonder how you would feel in the Univ decided to just eliminate the library and the librarians because after all one could just put everything the students ask for on line under fair use and would save tons of money that they might otherwise have to spend actually buying those pesky books and films and the people to curate or manage them. On Fri, Jul 13, 2012 at 1:13 AM, Deg Farrelly deg.farre...@asu.edu wrote: Once again, Jessica, you overstate your case. There is nothing established whatsoever in the law that an entire work cannot be used. Amount used is ONE of the fair use factors, and the courts HAVE ruled that 100% use is fair use in some cases. This is specifically true with cases involving art images. -deg deg farrelly ASU Libraries Arizona State University P.O. Box 871006 Tempe, Arizona 85287-1006 480.965.1403 snip To be honest I can't get overly excited because the fact that you can not use an entire work of any length has been long established in copyright law but I thought this case would make that pretty obvious. snip 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.
