[Videolib] Netflix Streaming and Face-to-Face

[Stanton, Kim]

Hi all,

Is there any consensus on the legality of faculty using their own person 
Netflix Streaming account in a face to face classroom situation. I have always 
assumed it was fine. Access was legally acquired and would fall under 110(1).

Another support department on my campus is saying, no, it's not legal because 
Netflix's terms of service trump 110. They are coming to this conclusion based 
on advice from an inhouse 
article 
written by our Scholarly Communications Librarian.  I never saw eye to eye with 
this librarian on media related copyright issues, his interpretations do not 
necessarily reflect those of the  campus legal office AND he recently left the 
university.  So I'm trying to find something  else solid that addresses this 
issue.

I flipped back through Ciara Healy's Library Trends article, but it doesn't 
seem to address the copyright issue. Can anyone point me to something?

Thanks!
Kim

Kim Stanton
Head, Media Library
University of North Texas
kim.stan...@unt.edu
P:(940) 565-4832

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] Netflix Streaming and Face-to-Face

[Threatt, Monique Louise]

Hiya Kim,

This is a very good topic.  I'd be interested to see where this discussion 
leads to, because I have concerns about what do when an instructor wants to use 
a film for class that is not commercially available on DVD, but only available 
via Amazon stream, NetFlix, or iTunes.

The streaming world continues to amaze me.


Best,
Mo

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Stanton, Kim
Sent: Wednesday, January 28, 2015 11:35 AM
To: videolib@lists.berkeley.edu
Subject: [Videolib] Netflix Streaming and Face-to-Face

Hi all,

Is there any consensus on the legality of faculty using their own person 
Netflix Streaming account in a face to face classroom situation. I have always 
assumed it was fine. Access was legally acquired and would fall under 110(1).

Another support department on my campus is saying, no, it's not legal because 
Netflix's terms of service trump 110. They are coming to this conclusion based 
on advice from an inhouse 
article 
written by our Scholarly Communications Librarian.  I never saw eye to eye with 
this librarian on media related copyright issues, his interpretations do not 
necessarily reflect those of the  campus legal office AND he recently left the 
university.  So I'm trying to find something  else solid that addresses this 
issue.

I flipped back through Ciara Healy's Library Trends article, but it doesn't 
seem to address the copyright issue. Can anyone point me to something?

Thanks!
Kim

Kim Stanton
Head, Media Library
University of North Texas
kim.stan...@unt.edu
P:(940) 565-4832

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] Netflix Streaming and Face-to-Face

[Bergman, Barbara J]

It probably technically goes against the terms of service, but then so does 
having a subscription to the DVDS, but they don't seem to care that our billing 
address is clearly the library.

IMHO, I would treat it as normal classroom use as long as they aren't sharing 
their password, and therefore enabling others to access the account.
I have had to refer faculty to Netflix or Amazon a couple of times because the 
film was only available for streaming rental.

~Barb

On Jan 28, 2015, at 11:45 AM, Stanton, Kim 
mailto:kim.stan...@unt.edu>> wrote:

Hi all,

Is there any consensus on the legality of faculty using their own person 
Netflix Streaming account in a face to face classroom situation. I have always 
assumed it was fine. Access was legally acquired and would fall under 110(1).

Another support department on my campus is saying, no, it's not legal because 
Netflix's terms of service trump 110. They are coming to this conclusion based 
on advice from an inhouse 
article 
written by our Scholarly Communications Librarian.  I never saw eye to eye with 
this librarian on media related copyright issues, his interpretations do not 
necessarily reflect those of the  campus legal office AND he recently left the 
university.  So I'm trying to find something  else solid that addresses this 
issue.

I flipped back through Ciara Healy's Library Trends article, but it doesn't 
seem to address the copyright issue. Can anyone point me to something?

Thanks!
Kim

Kim Stanton
Head, Media Library
University of North Texas
kim.stan...@unt.edu
P:(940) 565-4832

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] Netflix Streaming and Face-to-Face

[Moshiri, Farhad]

Dear Kim,

Your Scholarly Communications Librarian is right. Terms of service of these 
streaming companies say the subscription is for PERSONAL use only. The contract 
law (one's subscription is a contract) trumps 110. Our faculty ask me all the 
time what is the difference between bringing their own personal DVD from home 
or borrowing it from Blockbuster (if it still exists) and show it class with 
accessing their online subscription to Netflix or other services in class. The 
answer is purchasing a DVD (or borrowing it) falls under the Sales doctrine law 
and accessing streaming video falls under the contract law. In streaming 
subscription you're not purchasing anything. You're paying for a service and 
you're bonded with its terms of service.

Farhad Moshiri, MLS
Post-Masters Advanced Study Certificate
Audiovisual  Librarian
Subject areas: Music, Dance, Copyright issues,
Middle Eastern Studies
University of the Incarnate Word
J.E. & L.E. Mabee Library
4301 Broadway – CPO 297
San Antonio, TX 78209
(210) 829-3842


From: videolib-boun...@lists.berkeley.edu [videolib-boun...@lists.berkeley.edu] 
On Behalf Of Threatt, Monique Louise [mthre...@indiana.edu]
Sent: Wednesday, January 28, 2015 10:56 AM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Netflix Streaming and Face-to-Face

Hiya Kim,

This is a very good topic.  I’d be interested to see where this discussion 
leads to, because I have concerns about what do when an instructor wants to use 
a film for class that is not commercially available on DVD, but only available 
via Amazon stream, NetFlix, or iTunes.

The streaming world continues to amaze me.


Best,
Mo

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Stanton, Kim
Sent: Wednesday, January 28, 2015 11:35 AM
To: videolib@lists.berkeley.edu
Subject: [Videolib] Netflix Streaming and Face-to-Face

Hi all,

Is there any consensus on the legality of faculty using their own person 
Netflix Streaming account in a face to face classroom situation. I have always 
assumed it was fine. Access was legally acquired and would fall under 110(1).

Another support department on my campus is saying, no, it’s not legal because 
Netflix’s terms of service trump 110. They are coming to this conclusion based 
on advice from an inhouse 
article 
written by our Scholarly Communications Librarian.  I never saw eye to eye with 
this librarian on media related copyright issues, his interpretations do not 
necessarily reflect those of the  campus legal office AND he recently left the 
university.  So I’m trying to find something  else solid that addresses this 
issue.

I flipped back through Ciara Healy’s Library Trends article, but it doesn’t 
seem to address the copyright issue. Can anyone point me to something?

Thanks!
Kim

Kim Stanton
Head, Media Library
University of North Texas
kim.stan...@unt.edu
P:(940) 565-4832



This email and any files transmitted with it may be confidential or contain 
privileged information and are intended solely for the use of the individual or 
entity to which they are addressed. If you are not the intended recipient, 
please be advised that you have received this email in error and that any use, 
dissemination, forwarding, printing, or copying of this email and any 
attachments is strictly prohibited. If you have received this email in error, 
please immediately delete the email and any attachments from your system and 
notify the sender. Any other use of this e-mail is prohibited. Thank you for 
your compliance.
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] Best Practices old vhs tapes / Best Practices for Discarding VHS tapes

[Threatt, Monique Louise]

Hello,

There has been numerous posts on this listserv about the use of Section 108, 
and recycling vhs tapes.

I’m glad to know that many of you will be involved in the process to create a 
best practice guide to be posted to ALA Connect. I hope guidelines for 
discarding vhs tapes will also be included in that document.

I’m positive that we all follow guidelines similar to the one outlined by Jo 
Ann at UConn (see below) with some minor exceptions. I’m sure that we all 
engage in doing our best to donate or recycle old vhs tapes.

I will be giving a brief presentation on archiving and recycling vhs tapes in 
the near future.  I want to create a very basic slide for recycling vhs tapes, 
and I welcome your input to tell me if I’m missing something.

Suggested Tips to Discard VHS Tapes

Preface:  Follow best practice guidelines as outlined in Section 108, Copyright 
Act.  If space permits, preserve one master vhs copy in your collection in case 
archival replacements become damaged.
The following guidelines apply to the removal of duplicate vhs titles.


Ø  Remove the record from Catalog, Workflow, etc.

Ø  Is there a book sale at your academic institution?  Public Library?

Ø  Create a list of local businesses, such as Goodwill, shelters, prisons who 
may be willing to accept vhs donations.

Ø  Create a list of local, state, and national recycling centers.  Is there a 
cost associate with shipping?  Is it a do-it-yourself operation, or will the 
company pack the items for you?

Additional Resources:
GreenDisk Recycling Center:
http://greendisk.toysgowhere.com/

Data Media Source: Best Practices for Responsible Disposal of Tape Media (white 
paper)
http://www.datamediasource.com/download/DMS_%20Disposal_guidelines.pdf

How To Dispose VHS Tapes:
http://www.toysgowhere.com/how_5121738_dispose-vhs-tapes.html


Any advice is greatly appreciated.

Best,
Monique


At the University of Connecticut this is the process we follow. Since it is 
labor intensive and time consuming we invoke section 108 sparingly.


1.   Determine if the VHS is damaged, deteriorating, lost or stolen.

2.   Document damage, deterioration. This checklist developed by Kenneth 
Crews useful for ensuring i’s are dotted and t’s are crossed. 
http://copyright.columbia.edu/copyright/files/2009/10/copyrightchecklist108preservation.pdf

3.   If found to be damaged/deteriorating, conduct due diligence search for 
evidence of new VHS or DVD for sale at a reasonable price. We use this 
checklist (Creative Commons license), http://aladinrc.wrlc.org/handle/1961/16025

4.   If no new VHS or DVD is found for sale then a DVD is made from the VHS.

5.   The VHS goes to our archive and does not circulate.

6.   The DVD goes on permanent reserve. The case is clearly marked, 
“Section 108 Copy: In Building Circulation Only. This material was reproduced 
under the provisions of Section 108 of United States Copyright Law and may be 
protected by copyright.” “For use at UConn Libraries only. No InterLibrary 
Loan. Does not include public performance rights but may be used in the 
classroom.” “Preservation copy of Archival VHS. Not to be used outside of the 
Library.”

7.   The catalog record includes this statement, “For Use at UConn 
Libraries only. No Interlibrary Loan. Does not include public performance 
rights but may be used in the classroom.” And the permanent location is “Sec108 
Copy (Reserve)”. The catalog record for the VHS indicates the location as 
“Sec108 Original (@Dodd)”, our archive.

Best,
Jo Ann

Jo Ann Reynolds
Reserve Services Coordinator
University of Connecticut
Homer Babbidge Library
369 Fairfield Road, Unit 1005RR
Storrs, CT  06269-1005
860-486-1406 voice
860-486-0584 fax



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] Netflix Streaming and Face-to-Face

[Elizabeth Sheldon]

Dear All,

I’d also like to add that from a distributor’s perspective, we license 
“personal” streaming rights to Netflix and our contract specifically excludes 
educational/institutional streaming. This applies with all of our third-party 
streaming partners, from GaiamTV to Vudu. Hoopla, Overdrive, Kanopy and 
Alexander Street Press are granted specific rights for streaming to 
institutions. I’ll also add that any title in the Kino Lorber Edu catalog can 
be streamed from our Cinedu.com platform for $100 per semester or $200 per 
academic year with no initial set-up fees. You can license an individual title 
or a collection. Learn more here: www.cinedu.com.

Best,

Elizabeth

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

www.kinolorber.com
alivemindcinema.com
www.kinolorberedu.com

 

On Jan 28, 2015, at 12:14 PM, Moshiri, Farhad  wrote:

Dear Kim,
 
Your Scholarly Communications Librarian is right. Terms of service of these 
streaming companies say the subscription is for PERSONAL use only. The contract 
law (one's subscription is a contract) trumps 110. Our faculty ask me all the 
time what is the difference between bringing their own personal DVD from home 
or borrowing it from Blockbuster (if it still exists) and show it class with 
accessing their online subscription to Netflix or other services in class. The 
answer is purchasing a DVD (or borrowing it) falls under the Sales doctrine law 
and accessing streaming video falls under the contract law. In streaming 
subscription you're not purchasing anything. You're paying for a service and 
you're bonded with its terms of service.
 
Farhad Moshiri, MLS
Post-Masters Advanced Study Certificate
Audiovisual  Librarian
Subject areas: Music, Dance, Copyright issues,
Middle Eastern Studies
University of the Incarnate Word
J.E. & L.E. Mabee Library
4301 Broadway – CPO 297
San Antonio, TX 78209
(210) 829-3842
 
From: videolib-boun...@lists.berkeley.edu [videolib-boun...@lists.berkeley.edu] 
On Behalf Of Threatt, Monique Louise [mthre...@indiana.edu]
Sent: Wednesday, January 28, 2015 10:56 AM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Netflix Streaming and Face-to-Face

Hiya Kim,
 
This is a very good topic.  I’d be interested to see where this discussion 
leads to, because I have concerns about what do when an instructor wants to use 
a film for class that is not commercially available on DVD, but only available 
via Amazon stream, NetFlix, or iTunes.
 
The streaming world continues to amaze me.
 

Best,
Mo
 
From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Stanton, Kim
Sent: Wednesday, January 28, 2015 11:35 AM
To: videolib@lists.berkeley.edu
Subject: [Videolib] Netflix Streaming and Face-to-Face
 
Hi all,
 
Is there any consensus on the legality of faculty using their own person 
Netflix Streaming account in a face to face classroom situation. I have always 
assumed it was fine. Access was legally acquired and would fall under 110(1).
 
Another support department on my campus is saying, no, it’s not legal because 
Netflix’s terms of service trump 110. They are coming to this conclusion based 
on advice from an inhouse article 
 
written by our Scholarly Communications Librarian.  I never saw eye to eye with 
this librarian on media related copyright issues, his interpretations do not 
necessarily reflect those of the  campus legal office AND he recently left the 
university.  So I’m trying to find something  else solid that addresses this 
issue.
 
I flipped back through Ciara Healy’s Library Trends article, but it doesn’t 
seem to address the copyright issue. Can anyone point me to something?
 
Thanks!
Kim
 
Kim Stanton
Head, Media Library
University of North Texas
kim.stan...@unt.edu 
P:(940) 565-4832
 

This email and any files transmitted with it may be confidential or contain 
privileged information and are intended solely for the use of the individual or 
entity to which they are addressed. If you are not the intended recipient, 
please be advised that you have received this email in error and that any use, 
dissemination, forwarding, printing, or copying of this email and any 
attachments is strictly prohibited. If you have received this email in error, 
please immediately delete the email and any attachments from your system and 
notify the sender. Any other use of this e-mail is prohibited. Thank you for 
your compliance.
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,ed

Re: [Videolib] Netflix Streaming and Face-to-Face

[Jessica Rosner]

Contract ( in this case Netflix terms of service) is always going to trump
copyright but it seems to me that depending on number of titles a student
would use in a semester or year it might make sense for schools to
encourage and possibly subsize membership. There is nothing wrong with a
instructor telling students to watch a film for class on their own account.

Not schilling for Netflix, I do not belong and have never streamed a film
but it seems like something work looking into at least for students in film
heavy courses

On Wed, Jan 28, 2015 at 11:35 AM, Stanton, Kim  wrote:

>  Hi all,
>
>
>
> Is there any consensus on the legality of faculty using their own person
> Netflix Streaming account in a face to face classroom situation. I have
> always assumed it was fine. Access was legally acquired and would fall
> under 110(1).
>
>
>
> Another support department on my campus is saying, no, it’s not legal
> because Netflix’s terms of service trump 110. They are coming to this
> conclusion based on advice from an inhouse article
> 
> written by our Scholarly Communications Librarian.  I never saw eye to eye
> with this librarian on media related copyright issues, his interpretations
> do not necessarily reflect those of the  campus legal office AND he
> recently left the university.  So I’m trying to find something  else solid
> that addresses this issue.
>
>
>
> I flipped back through Ciara Healy’s Library Trends article, but it
> doesn’t seem to address the copyright issue. Can anyone point me to
> something?
>
>
>
> Thanks!
>
> Kim
>
>
>
> Kim Stanton
>
> Head, Media Library
>
> University of North Texas
>
> kim.stan...@unt.edu
>
> P:(940) 565-4832
>
>
>
> 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] Netflix Streaming and Face-to-Face

[Jo Ann Reynolds]

The license agreement that the faculty member accepts when they sign up for 
service will dictate what they can do with their subscription.
The last time I checked (2-3 years ago now) Netflix was for individual home use.

I would love to hear otherwise.

Jo Ann

Jo Ann Reynolds
Reserve Services Coordinator
University of Connecticut
Homer Babbidge Library
369 Fairfield Road, Unit 1005RR
Storrs, CT  06269-1005
860-486-1406 voice
860-486-0584 fax



From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Stanton, Kim
Sent: Wednesday, January 28, 2015 11:35 AM
To: videolib@lists.berkeley.edu
Subject: [Videolib] Netflix Streaming and Face-to-Face

Hi all,

Is there any consensus on the legality of faculty using their own person 
Netflix Streaming account in a face to face classroom situation. I have always 
assumed it was fine. Access was legally acquired and would fall under 110(1).

Another support department on my campus is saying, no, it's not legal because 
Netflix's terms of service trump 110. They are coming to this conclusion based 
on advice from an inhouse 
article 
written by our Scholarly Communications Librarian.  I never saw eye to eye with 
this librarian on media related copyright issues, his interpretations do not 
necessarily reflect those of the  campus legal office AND he recently left the 
university.  So I'm trying to find something  else solid that addresses this 
issue.

I flipped back through Ciara Healy's Library Trends article, but it doesn't 
seem to address the copyright issue. Can anyone point me to something?

Thanks!
Kim

Kim Stanton
Head, Media Library
University of North Texas
kim.stan...@unt.edu
P:(940) 565-4832

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] Netflix Streaming and Face-to-Face

[Jo Ann Reynolds]

Try canistream.it
The site is not infallible but you can link to a title and it will show you all 
the pay per view vendors for movies and tv shows.
There are more than just Amazon, Netflix and iTunes listed there, e.g. Vudu, 
GooglePlay, Xbox, Snag, etc.
We link to it for a variety of  reasons at times.

Jo Ann

Jo Ann Reynolds
Reserve Services Coordinator
University of Connecticut
Homer Babbidge Library
369 Fairfield Road, Unit 1005RR
Storrs, CT  06269-1005
860-486-1406 voice
860-486-0584 fax



From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Threatt, Monique 
Louise
Sent: Wednesday, January 28, 2015 11:57 AM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Netflix Streaming and Face-to-Face

Hiya Kim,

This is a very good topic.  I'd be interested to see where this discussion 
leads to, because I have concerns about what do when an instructor wants to use 
a film for class that is not commercially available on DVD, but only available 
via Amazon stream, NetFlix, or iTunes.

The streaming world continues to amaze me.


Best,
Mo

From: 
videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Stanton, Kim
Sent: Wednesday, January 28, 2015 11:35 AM
To: videolib@lists.berkeley.edu
Subject: [Videolib] Netflix Streaming and Face-to-Face

Hi all,

Is there any consensus on the legality of faculty using their own person 
Netflix Streaming account in a face to face classroom situation. I have always 
assumed it was fine. Access was legally acquired and would fall under 110(1).

Another support department on my campus is saying, no, it's not legal because 
Netflix's terms of service trump 110. They are coming to this conclusion based 
on advice from an inhouse 
article 
written by our Scholarly Communications Librarian.  I never saw eye to eye with 
this librarian on media related copyright issues, his interpretations do not 
necessarily reflect those of the  campus legal office AND he recently left the 
university.  So I'm trying to find something  else solid that addresses this 
issue.

I flipped back through Ciara Healy's Library Trends article, but it doesn't 
seem to address the copyright issue. Can anyone point me to something?

Thanks!
Kim

Kim Stanton
Head, Media Library
University of North Texas
kim.stan...@unt.edu
P:(940) 565-4832

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] another question about old VHS tapes

[Rosen, Rhonda]

Hi Chris,
So you are saying that if anyone challenged us, which is fairly unlikely, we 
would by Section 108 need to show the worn or damaged VHS tape?
R

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Chris Lewis
Sent: Tuesday, January 27, 2015 11:36 AM
To: Videolib
Subject: Re: [Videolib] another question about old VHS tapes

I think it's good form to keep the original VHS as evidence if you are invoking 
Section 108 to justify making a copy of a deteriorating original. I don't think 
this is required by law though given that Section 108 preservation copies can 
also be made to replace lost or stolen recordings.

On Tue, Jan 27, 2015 at 12:39 PM, Rosen, Rhonda 
mailto:rhonda.ro...@lmu.edu>> wrote:
So, a situation has come up at my library...
We have lots of VHS tapes. Over the past couple of years I have been replacing 
old VHS tapes with newly purchased DVD copies and if I couldn't find a source, 
making a DVD copy. In the past, I have often cavalierly gotten rid of the old 
VHS tape since we no longer have the playback units in our classrooms.  
However, In my old age, I'm beginning to think I shouldn't have gotten rid of 
the VHS, but rather kept them as archival masters.

It has been suggested that it is ridiculous to keep these items as VHS tapes 
and that it would be better to keep a digital copy of the VHS tape and load it 
onto our Kaltura digital video storage platform as digital masters.  Therefore 
all the VHS tapes could be tossed and we would have the digital masters 
forever...Is this legal under the copyright guidelines, or do we have to keep 
the VHS as the archival master?

Rhonda
Rhonda Rosen| Circulation Services Librarian
William H. Hannon Library | Loyola Marymount University
One LMU Drive, MS 8200 | Los Angeles, CA 90045-2659
rhonda.ro...@lmu.edu 
310/338-4584|
http://library.lmu.edu




From: 
videolib-boun...@lists.berkeley.edu 
[videolib-boun...@lists.berkeley.edu]
 on behalf of Jo Ann Reynolds 
[jo_ann.reyno...@lib.uconn.edu]
Sent: Wednesday, January 14, 2015 9:16 AM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] old vhs tapes

At the University of Connecticut this is the process we follow. Since it is 
labor intensive and time consuming we invoke section 108 sparingly.


1.   Determine if the VHS is damaged, deteriorating, lost or stolen.

2.   Document damage, deterioration. This checklist developed by Kenneth 
Crews useful for ensuring i's are dotted and t's are crossed. 
http://copyright.columbia.edu/copyright/files/2009/10/copyrightchecklist108preservation.pdf

3.   If found to be damaged/deteriorating, conduct due diligence search for 
evidence of new VHS or DVD for sale at a reasonable price. We use this 
checklist (Creative Commons license), http://aladinrc.wrlc.org/handle/1961/16025

4.   If no new VHS or DVD is found for sale then a DVD is made from the VHS.

5.   The VHS goes to our archive and does not circulate.

6.   The DVD goes on permanent reserve. The case is clearly marked, 
"Section 108 Copy: In Building Circulation Only. This material was reproduced 
under the provisions of Section 108 of United States Copyright Law and may be 
protected by copyright." "For use at UConn Libraries only. No InterLibrary 
Loan. Does not include public performance rights but may be used in the 
classroom." "Preservation copy of Archival VHS. Not to be used outside of the 
Library."

7.   The catalog record includes this statement, "For Use at UConn 
Libraries only. No Interlibrary Loan. Does not include public performance 
rights but may be used in the classroom." And the permanent location is "Sec108 
Copy (Reserve)". The catalog record for the VHS indicates the location as 
"Sec108 Original (@Dodd)", our archive.

Best,
Jo Ann

Jo Ann Reynolds
Reserve Services Coordinator
University of Connecticut
Homer Babbidge Library
369 Fairfield Road, Unit 1005RR
Storrs, CT  06269-1005
860-486-1406 voice
860-486-0584 fax



From: 
videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu]
 On Behalf Of Rosen, Rhonda
Sent: Tuesday, January 13, 2015 7:27 PM
To: videolib@lists.berkeley.edu
Subject: [Videolib] old vhs tapes

Hi all,
We are , like many of you, replacing old VHS tape content with DVDs or 
streaming when possible. What are you doing with the VHS tape?  Keeping it or 
discarding it?  Or putting it on a digital master for safekeeping?
Thanks,
Rhonda

Rhonda Rosen| Circulation Services Librarian William H. Hannon Library | Loyola 
Marymount University One LMU Drive, MS 8200 | Los Angeles, CA 90045-2659
rhonda.ro...@lm

Re: [Videolib] Netflix Streaming and Face-to-Face

[Dennis Doros]

​Jo Ann,

With a name like that I was all ready to test it and suggest canistream.it as
a purveyor of illegal streaming and downloads but​ it's actually a decent
website. The only problem I see is that they are not up to the date with
the latest releases and all the platforms. Some of mine from November
aren't up and a couple films only lists Itunes when I know they are on
Amazon -- but that's definitely not the worst complaint one can have.


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

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

!


Support "Milestone Film" on Facebook
 and Twitter
!


On Wed, Jan 28, 2015 at 3:46 PM, Jo Ann Reynolds <
jo_ann.reyno...@lib.uconn.edu> wrote:

>  Try canistream.it
>
> The site is not infallible but you can link to a title and it will show
> you all the pay per view vendors for movies and tv shows.
>
> There are more than just Amazon, Netflix and iTunes listed there, e.g.
> Vudu, GooglePlay, Xbox, Snag, etc.
>
> We link to it for a variety of  reasons at times.
>
>
>
> Jo Ann
>
>
>
> Jo Ann Reynolds
>
> Reserve Services Coordinator
>
> University of Connecticut
>
> Homer Babbidge Library
>
> 369 Fairfield Road, Unit 1005RR
>
> Storrs, CT  06269-1005
>
> 860-486-1406 voice
>
> 860-486-0584 fax
>
>
>
>
>
>
>
> *From:* videolib-boun...@lists.berkeley.edu [mailto:
> videolib-boun...@lists.berkeley.edu] *On Behalf Of *Threatt, Monique
> Louise
> *Sent:* Wednesday, January 28, 2015 11:57 AM
> *To:* videolib@lists.berkeley.edu
> *Subject:* Re: [Videolib] Netflix Streaming and Face-to-Face
>
>
>
> Hiya Kim,
>
>
>
> This is a very good topic.  I’d be interested to see where this discussion
> leads to, because I have concerns about what do when an instructor wants to
> use a film for class that is not commercially available on DVD, but only
> available via Amazon stream, NetFlix, or iTunes.
>
>
>
> The streaming world continues to amaze me.
>
>
>
>
> Best,
>
> Mo
>
>
>
> *From:* videolib-boun...@lists.berkeley.edu [
> mailto:videolib-boun...@lists.berkeley.edu
> ] *On Behalf Of *Stanton, Kim
> *Sent:* Wednesday, January 28, 2015 11:35 AM
> *To:* videolib@lists.berkeley.edu
> *Subject:* [Videolib] Netflix Streaming and Face-to-Face
>
>
>
> Hi all,
>
>
>
> Is there any consensus on the legality of faculty using their own person
> Netflix Streaming account in a face to face classroom situation. I have
> always assumed it was fine. Access was legally acquired and would fall
> under 110(1).
>
>
>
> Another support department on my campus is saying, no, it’s not legal
> because Netflix’s terms of service trump 110. They are coming to this
> conclusion based on advice from an inhouse article
> 
> written by our Scholarly Communications Librarian.  I never saw eye to eye
> with this librarian on media related copyright issues, his interpretations
> do not necessarily reflect those of the  campus legal office AND he
> recently left the university.  So I’m trying to find something  else solid
> that addresses this issue.
>
>
>
> I flipped back through Ciara Healy’s Library Trends article, but it
> doesn’t seem to address the copyright issue. Can anyone point me to
> something?
>
>
>
> Thanks!
>
> Kim
>
>
>
> Kim Stanton
>
> Head, Media Library
>
> University of North Texas
>
> kim.stan...@unt.edu
>
> P:(940) 565-4832
>
>
>
> 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] Netflix Streaming and Face-to-Face

[Jo Ann Reynolds]

Hi Dennis,

Yes, they are not always up to date ergo my caveat, “The site is not 
infallible”. They don’t always list a purveyor even though you can go directly 
to the purveyor’s website and find it. But still, given the number of films out 
there they do a decent job. And when you can’t find or afford a stream it at 
least gives an option to the student to purchase direct for a reasonable price.

Best,
Jo Ann

Jo Ann Reynolds
Reserve Services Coordinator
University of Connecticut
Homer Babbidge Library
369 Fairfield Road, Unit 1005RR
Storrs, CT  06269-1005
860-486-1406 voice
860-486-0584 fax



From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Dennis Doros
Sent: Wednesday, January 28, 2015 6:07 PM
To: Video Library questions
Subject: Re: [Videolib] Netflix Streaming and Face-to-Face

​Jo Ann,

With a name like that I was all ready to test it and suggest 
canistream.it as a purveyor of illegal streaming and 
downloads but​ it's actually a decent website. The only problem I see is that 
they are not up to the date with the latest releases and all the platforms. 
Some of mine from November aren't up and a couple films only lists Itunes when 
I know they are on Amazon -- but that's definitely not the worst complaint one 
can have.


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

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

Support "Milestone Film" on 
Facebook and 
Twitter!

On Wed, Jan 28, 2015 at 3:46 PM, Jo Ann Reynolds 
mailto:jo_ann.reyno...@lib.uconn.edu>> wrote:
Try canistream.it
The site is not infallible but you can link to a title and it will show you all 
the pay per view vendors for movies and tv shows.
There are more than just Amazon, Netflix and iTunes listed there, e.g. Vudu, 
GooglePlay, Xbox, Snag, etc.
We link to it for a variety of  reasons at times.

Jo Ann

Jo Ann Reynolds
Reserve Services Coordinator
University of Connecticut
Homer Babbidge Library
369 Fairfield Road, Unit 1005RR
Storrs, CT  06269-1005
860-486-1406 voice
860-486-0584 fax



From: 
videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu]
 On Behalf Of Threatt, Monique Louise
Sent: Wednesday, January 28, 2015 11:57 AM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Netflix Streaming and Face-to-Face

Hiya Kim,

This is a very good topic.  I’d be interested to see where this discussion 
leads to, because I have concerns about what do when an instructor wants to use 
a film for class that is not commercially available on DVD, but only available 
via Amazon stream, NetFlix, or iTunes.

The streaming world continues to amaze me.


Best,
Mo

From: 
videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Stanton, Kim
Sent: Wednesday, January 28, 2015 11:35 AM
To: videolib@lists.berkeley.edu
Subject: [Videolib] Netflix Streaming and Face-to-Face

Hi all,

Is there any consensus on the legality of faculty using their own person 
Netflix Streaming account in a face to face classroom situation. I have always 
assumed it was fine. Access was legally acquired and would fall under 110(1).

Another support department on my campus is saying, no, it’s not legal because 
Netflix’s terms of service trump 110. They are coming to this conclusion based 
on advice from an inhouse 
article 
written by our Scholarly Communications Librarian.  I never saw eye to eye with 
this librarian on media related copyright issues, his interpretations do not 
necessarily reflect those of the  campus legal office AND he recently left the 
university.  So I’m trying to find something  else solid that addresses this 
issue.

I flipped back through Ciara Healy’s Library Trends article, but it doesn’t 
seem to address the copyright issue. Can anyone point me to something?

Thanks!
Kim

Kim Stanton
Head, Media Library
University of North Texas
kim.stan...@unt.edu
P:(940) 565-4832


VIDEOLIB is intended to encourage the broad and lively discussion of issues 
relating to the selection, evaluation, acquisit