Re: [Videolib] American Archive of Public Broadcasting Launches With 7, 000 Programs Available to Stream Online

[Moshiri, Farhad]

A copyright question: When I looked at terms of use, they say this site is for 
personal, non-commercial use. I've seen this statement in most sites. What they 
don't say is can the site be used in non-profit educational institutions, in 
classrooms, etc.? The "personal" always make you think you're not allowed to 
use it in class. Any idea?


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 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Deg Farrelly
Sent: Tuesday, October 27, 2015 7:12 PM
To: videolib@lists.berkeley.edu
Subject: [Videolib] American Archive of Public Broadcasting Launches With 7, 
000 Programs Available to Stream Online

Apologies for forwarding entire email Too much to cherry pick which parts 
to send.

deg farrelly
Media Librarian/Streaming Video Administrator
Arizona State University Libraries
Tempe, AZ  85287-1006
602.332.3103

Subject: Exciting! American Archive of Public Broadcasting Launches With 7,000 
Programs Available to Stream Online


Note: Some very exciting news about a project we've been following for a few 
years and have posted about many times. Links to several background posts are 
found below today's news.

What's new today is that along with a formal launch is that some streaming 
content (approx. 7,000 programs and more to come) is available online via the 
American Archive of Public Broadcasting (AAPB) database. The database 
itself became available (with metadata only) 
during April 
2015.

Congrats to the AAPB Team!

>From Today's (October 27, 2015) Launch 
>Announcement:

With contributions from more than 100 public media organizations across the 
country, programs that for decades have gathered dust on shelves are now 
available to stream on the AAPB website. This rich 
collection of programs dating from the 1940s to the 2010s will help tell the 
stories of local communities throughout the nation in the last half of the 20th 
century and first decade of the 21st.

[Clip]

Initially launched in April 2015 with 2.5 million inventory records, the AAPB 
website has added nearly 7,000 audiovisual 
streaming files of historical content from public media stations across the 
country. The Library of Congress, WGBH Boston and the Corporation for Public 
Broadcasting have embarked on an unprecedented initiative to preserve 
historical public television and radio programs of the past 70 years.

The Content

Nearly 40,000 hours, comprising 68,000 digital files, of historical public 
broadcasting content have been preserved. On the website, nearly 7,000 of these 
American public radio and television programs dating back to the 1940s are now 
accessible to the public. These audio and video materials, contributed by more 
than 100 public broadcasting organizations across the country, are an exciting 
new resource to uncover ways that common concerns over the past half-century 
have played out on the local scene. Users are encouraged to check back often, 
as AAPB staff continue to add more content to the website. The entire 
collection of 40,000 hours is available for research on location at WGBH and 
the Library of Congress.

[Clip]

The collection includes interviews and performances by local and national 
luminaries from a broad variety of professions and cultural genres. Just a few 
examples of the items in the collection include: Pacifica Radio Archives' 1956 
interview with Rosa Parks during the Montgomery Bus Boycott; KCTS 9's 1999 live 
broadcast from the opening reception of the World Trade Organization's Seattle 
Summit; and New England Public Radio's 1974 debate between U.S. Rep. Martha 
Griffiths, sponsor of the Equal Rights Amendment, and Phyllis Schlafly, the 
main opponent of the ERA.

Read the Complete Launch 
Announcement

Direct to American Archive of Public Broadcasting 
Database

Searching the AAPB

  *   Help: Searching the AAPB Database

  *   An Advanced Search Interface Page is 
Available

  *   Results can be focused/limited using one or more of the following facets:
 *   Media Type
 *   Genre
 *   Asset Type
 *   Organization
 *   Year
 *   Access (Three Options: View Online Reading Room (Default) All 
Digitized Records, All Records)

Background, Updates, and Resources

  *   Slides From an August 2015 Conference Presentation 

Re: [Videolib] American Archive of Public Broadcasting Launches With 7, 000 Programs Available to Stream Online

[Brewer, Michael M - (brewerm)]

This is not copyright. If it is on a license you or your institution has agreed 
to, it is licensing (and trumps copyright). If it is not on a license, it is 
pretty much meaningless.

mb

Michael Brewer | Librarian | Head, Research & Learning | 
brew...@email.arizona.edu

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Uhrich, Andy
Sent: Wednesday, October 28, 2015 11:30 AM
To: videolib@lists.berkeley.edu
Cc: casey_da...@wgbh.org
Subject: Re: [Videolib] American Archive of Public Broadcasting Launches With 
7, 000 Programs Available to Stream Online


​I've roped in the helpful and talented Casey Davis from the AAPB to help 
answer this question.



All the best,



Andy Uhrich

Film archivist, Indiana University Libraries Moving Image Archive


From: 
videolib-boun...@lists.berkeley.edu 
>
 on behalf of Moshiri, Farhad >
Sent: Wednesday, October 28, 2015 2:13 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] American Archive of Public Broadcasting Launches With 
7, 000 Programs Available to Stream Online

A copyright question: When I looked at terms of use, they say this site is for 
personal, non-commercial use. I’ve seen this statement in most sites. What they 
don’t say is can the site be used in non-profit educational institutions, in 
classrooms, etc.? The “personal” always make you think you’re not allowed to 
use it in class. Any idea?


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 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Deg Farrelly
Sent: Tuesday, October 27, 2015 7:12 PM
To: videolib@lists.berkeley.edu
Subject: [Videolib] American Archive of Public Broadcasting Launches With 7, 
000 Programs Available to Stream Online

Apologies for forwarding entire email…. Too much to cherry pick which parts to 
send.

deg farrelly
Media Librarian/Streaming Video Administrator
Arizona State University Libraries
Tempe, AZ  85287-1006
602.332.3103

Subject: Exciting! American Archive of Public Broadcasting Launches With 7,000 
Programs Available to Stream Online


Note: Some very exciting news about a project we’ve been following for a few 
years and have posted about many times. Links to several background posts are 
found below today’s news.

What’s new today is that along with a formal launch is that some streaming 
content (approx. 7,000 programs and more to come) is available online via the 
American Archive of Public Broadcasting (AAPB) database. The database 
itself became available (with metadata only) 
during April 
2015.

Congrats to the AAPB Team!

From Today’s (October 27, 2015) Launch 
Announcement:

With contributions from more than 100 public media organizations across the 
country, programs that for decades have gathered dust on shelves are now 
available to stream on the AAPB website. This rich 
collection of programs dating from the 1940s to the 2010s will help tell the 
stories of local communities throughout the nation in the last half of the 20th 
century and first decade of the 21st.

[Clip]

Initially launched in April 2015 with 2.5 million inventory records, the AAPB 
website has added nearly 7,000 audiovisual 
streaming files of historical content from public media stations across the 
country. The Library of Congress, WGBH Boston and the Corporation for Public 
Broadcasting have embarked on an unprecedented initiative to preserve 
historical public television and radio programs of the past 70 years.

The Content

Nearly 40,000 hours, comprising 68,000 digital files, of historical public 
broadcasting content have been preserved. On the website, nearly 7,000 of these 
American public radio and television programs dating back to the 1940s are now 
accessible to the public. These audio and video materials, contributed by more 
than 100 public broadcasting organizations across the country, are an exciting 
new resource to uncover ways that common concerns over the past half-century 
have played out on the local scene. Users are encouraged to check back often, 
as AAPB staff continue to add more content to the website. The 

Re: [Videolib] American Archive of Public Broadcasting Launches With 7, 000 Programs Available to Stream Online

[Uhrich, Andy]

​I've roped in the helpful and talented Casey Davis from the AAPB to help 
answer this question.


All the best,


Andy Uhrich

Film archivist, Indiana University Libraries Moving Image Archive


From: videolib-boun...@lists.berkeley.edu  
on behalf of Moshiri, Farhad 
Sent: Wednesday, October 28, 2015 2:13 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] American Archive of Public Broadcasting Launches With 
7, 000 Programs Available to Stream Online

A copyright question: When I looked at terms of use, they say this site is for 
personal, non-commercial use. I’ve seen this statement in most sites. What they 
don’t say is can the site be used in non-profit educational institutions, in 
classrooms, etc.? The “personal” always make you think you’re not allowed to 
use it in class. Any idea?


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 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Deg Farrelly
Sent: Tuesday, October 27, 2015 7:12 PM
To: videolib@lists.berkeley.edu
Subject: [Videolib] American Archive of Public Broadcasting Launches With 7, 
000 Programs Available to Stream Online

Apologies for forwarding entire email…. Too much to cherry pick which parts to 
send.

deg farrelly
Media Librarian/Streaming Video Administrator
Arizona State University Libraries
Tempe, AZ  85287-1006
602.332.3103

Subject: Exciting! American Archive of Public Broadcasting Launches With 7,000 
Programs Available to Stream Online


Note: Some very exciting news about a project we’ve been following for a few 
years and have posted about many times. Links to several background posts are 
found below today’s news.

What’s new today is that along with a formal launch is that some streaming 
content (approx. 7,000 programs and more to come) is available online via the 
American Archive of Public Broadcasting (AAPB) database. The database 
itself became available (with metadata only) 
during April 
2015.

Congrats to the AAPB Team!

From Today’s (October 27, 2015) Launch 
Announcement:

With contributions from more than 100 public media organizations across the 
country, programs that for decades have gathered dust on shelves are now 
available to stream on the AAPB website. This rich 
collection of programs dating from the 1940s to the 2010s will help tell the 
stories of local communities throughout the nation in the last half of the 20th 
century and first decade of the 21st.

[Clip]

Initially launched in April 2015 with 2.5 million inventory records, the AAPB 
website has added nearly 7,000 audiovisual 
streaming files of historical content from public media stations across the 
country. The Library of Congress, WGBH Boston and the Corporation for Public 
Broadcasting have embarked on an unprecedented initiative to preserve 
historical public television and radio programs of the past 70 years.

The Content

Nearly 40,000 hours, comprising 68,000 digital files, of historical public 
broadcasting content have been preserved. On the website, nearly 7,000 of these 
American public radio and television programs dating back to the 1940s are now 
accessible to the public. These audio and video materials, contributed by more 
than 100 public broadcasting organizations across the country, are an exciting 
new resource to uncover ways that common concerns over the past half-century 
have played out on the local scene. Users are encouraged to check back often, 
as AAPB staff continue to add more content to the website. The entire 
collection of 40,000 hours is available for research on location at WGBH and 
the Library of Congress.

[Clip]

The collection includes interviews and performances by local and national 
luminaries from a broad variety of professions and cultural genres. Just a few 
examples of the items in the collection include: Pacifica Radio Archives’ 1956 
interview with Rosa Parks during the Montgomery Bus Boycott; KCTS 9’s 1999 live 
broadcast from the opening reception of the World Trade Organization’s Seattle 
Summit; and New England Public Radio’s 1974 debate between U.S. Rep. Martha 
Griffiths, sponsor of the Equal Rights Amendment, and Phyllis Schlafly, the 
main opponent of the ERA.

Read the Complete Launch 
Announcement

Direct to American Archive of Public Broadcasting 
Database

Searching 

Re: [Videolib] American Archive of Public Broadcasting Launches

[Bob Norris]

Just using logic, not law, since the Face to Face exemption allows you to use a 
personal home video in the classroom when the teacher is present, then it seems 
a streaming sight that allows personal access to all could be used in the 
classroom too. It would not infer PPR.  That is my guess.
Bob

Robert A. Norris
Managing Director
Film Ideas, Inc.
Phone:  (847) 419-0255
Email:  b...@filmideas.com
Web:www.filmideas.com

> From: "Moshiri, Farhad" 
> Date: October 28, 2015 1:13:40 PM CDT
> To: "videolib@lists.berkeley.edu" 
> Subject: Re: [Videolib] American Archive of Public Broadcasting Launches With 
> 7, 000 Programs Available to Stream Online
> Reply-To: videolib@lists.berkeley.edu
> 
> 
> A copyright question: When I looked at terms of use, they say this site is 
> for personal, non-commercial use. I’ve seen this statement in most sites. 
> What they don’t say is can the site be used in non-profit educational 
> institutions, in classrooms, etc.? The “personal” always make you think 
> you’re not allowed to use it in class. Any idea?
>  
>  
> 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

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] New 1201 exemptions

[Andrew Horbal]

Hi Michael,

I’ve was holding off on responding to this thread until I’ve had a chance to 
peruse the new exemptions, but I’m not positive I’m going to get around to this 
before the weekend, so, briefly: the exemptions only apply to the DMCA’s 
prohibition on overriding technological copy protections. My reading is that 
while you no longer have to worry about the DMCA if you qualify for one of 
these exemptions, you do still need to make a separate fair use argument to 
justify your use of the copyrighted work being protected. If your use was found 
to not be fair, you would be guilty of copyright infringement; you would not, 
however, be guilty of violating the DMCA (because you were exempted from it).

Andy


From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Brewer, Michael M - 
(brewerm)
Sent: Tuesday, October 27, 2015 3:19 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] New 1201 exemptions

I mostly agree with Jessica. However, I have questions about what 1201 allows 
and doesn’t allow in these cases. It seems to me that the 1201 exemptions and 
fair use (or other exceptions) are different things and are supposed to be 
considered separately. Couldn’t one potentially legally circumvent encryption, 
but still violate the law, depending on the actual “fairness” of the actual 
use.? If anyone out there knows the answer to this, I’d be interested in 
hearing it.

For example, could I circumvent encryption for a particular use (a 
noncommercial documentary, my dissertation on film, etc.), but in using the 
“heart of a work” still be able to be sued for copyright infringement, or does 
my adherence to the 1201 rule keep me safe?

mb

Michael Brewer | Librarian | Head, Research & Learning | 
brew...@email.arizona.edu

From: 
videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner
Sent: Tuesday, October 27, 2015 12:03 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] New 1201 exemptions

My very quick take is that it expands both formats ( blu ray , streaming now 
included) and users who can break encryption use portions ( clips) of AV works. 
Not sure I see a big effect on university stuff as I don't really know if folks 
felt constrained about using clips in any class/stream though I guess profs 
will like blu ray option.  The biggest change I see is only tangential  to 
academic use but it seems to basically eliminate the need to ever license a 
clip for documentary or fiction av work.
The  important thing from my evil perspective of working with filmmakers and 
distributors is that they rejected the request for any exemptions allowing 
educational ( or any) user to go beyond using "limited portions" of works.
I am sure others will find much more
Jessica

On Tue, Oct 27, 2015 at 1:08 PM, Randal Baier 
> wrote:
Does anyone have an accurate summary in normal speak that can still be precise 
without using legal language?

==
Randal Baier
Eastern Michigan University
Ypsilanti, Michigan 48197
(734) 487-2520
rba...@emich.edu
tweets @rbaier – skypes @ randalbaier
“... do not all strange sounds thrill us as human
till we have learned to refer them to their proper
source?” -Thoreau, mss., Journal 9: 1854-1855


From: "Sarah E. McCleskey" 
>
To: videolib@lists.berkeley.edu
Sent: Tuesday, October 27, 2015 9:46:43 AM
Subject: [Videolib] New 1201 exemptions

https://s3.amazonaws.com/public-inspection.federalregister.gov/2015-27212.pdf

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] American Archive of Public Broadcasting Launches

[Moshiri, Farhad]

Thanks Bob. The problem is I've heard that using a personal home video in 
face-to-face classroom (purchased from Amazon or borrowed from Red Box, for 
example) falls into First Sale Doctrine. But using a database whether or not it 
is free or with subscription, falls under license agreement and the terms of 
use.

Farhad

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Bob Norris
Sent: Wednesday, October 28, 2015 2:10 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] American Archive of Public Broadcasting Launches

Just using logic, not law, since the Face to Face exemption allows you to use a 
personal home video in the classroom when the teacher is present, then it seems 
a streaming sight that allows personal access to all could be used in the 
classroom too. It would not infer PPR.  That is my guess.
Bob

Robert A. Norris
Managing Director
Film Ideas, Inc.
Phone: (847) 419-0255
Email:  b...@filmideas.com
Web:www.filmideas.com


From: "Moshiri, Farhad" >
Date: October 28, 2015 1:13:40 PM CDT
To: "videolib@lists.berkeley.edu" 
>
Subject: Re: [Videolib] American Archive of Public Broadcasting Launches With 
7, 000 Programs Available to Stream Online
Reply-To: videolib@lists.berkeley.edu



A copyright question: When I looked at terms of use, they say this site is for 
personal, non-commercial use. I've seen this statement in most sites. What they 
don't say is can the site be used in non-profit educational institutions, in 
classrooms, etc.? The "personal" always make you think you're not allowed to 
use it in class. Any idea?


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




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.

Re: [Videolib] American Archive of Public Broadcasting Launches

[Andrew Horbal]

Hi everybody,

A few thoughts on some of the recent posts in this thread:

1. Whether or not use by a professor in face-to-face teaching can qualify as a 
"personal" use is a gray area, in my opinion. As far as I know, there's no case 
law which provides clarity on the matter. Informally, I would say that while a 
slight majority of the IP lawyers I've heard address this issue have indicated 
that they think it isn't, nearly as many have suggested that it's possible to 
make a fairly strong argument that showing a film to the small group of 
students in your class isn't vastly different from having a movie night with 
your family and friends.

2. 110(1) does provide an exemption for face-to-face teaching, but if you agree 
to licensing terms which restrict your use to just "personal" uses, and if you 
believe that face-to-face teaching isn't a "personal" use, then 110(1) does not 
give you permission to show the film in question to your class.

3. The First Sale Doctrine would permit you to resell the DVD (or whatever) you 
purchased form Amazon; it would not, however, permit you to screen the work 
stored on that physical object. To justify a screening a film without explicit 
permission from the rights holder, you'd need to make an argument based on 
110(1), 110(2), fair use, or some other aspect of copyright law-first sale 
isn't very helpful re: performance/display.

As always, I am not a lawyer, so nothing in this email should be construed as 
legal advice-these are only my own personal opinions. Which, by the way, I'm 
always happy to reconsider in the face of a strong opposing argument!

Good discussion, by the way!

Andy

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Moshiri, Farhad
Sent: Wednesday, October 28, 2015 3:23 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] American Archive of Public Broadcasting Launches

Thanks Bob. The problem is I've heard that using a personal home video in 
face-to-face classroom (purchased from Amazon or borrowed from Red Box, for 
example) falls into First Sale Doctrine. But using a database whether or not it 
is free or with subscription, falls under license agreement and the terms of 
use.

Farhad

From: 
videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Bob Norris
Sent: Wednesday, October 28, 2015 2:10 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] American Archive of Public Broadcasting Launches

Just using logic, not law, since the Face to Face exemption allows you to use a 
personal home video in the classroom when the teacher is present, then it seems 
a streaming sight that allows personal access to all could be used in the 
classroom too. It would not infer PPR.  That is my guess.
Bob

Robert A. Norris
Managing Director
Film Ideas, Inc.
Phone: (847) 419-0255
Email:  b...@filmideas.com
Web:www.filmideas.com

From: "Moshiri, Farhad" >
Date: October 28, 2015 1:13:40 PM CDT
To: "videolib@lists.berkeley.edu" 
>
Subject: Re: [Videolib] American Archive of Public Broadcasting Launches With 
7, 000 Programs Available to Stream Online
Reply-To: videolib@lists.berkeley.edu


A copyright question: When I looked at terms of use, they say this site is for 
personal, non-commercial use. I've seen this statement in most sites. What they 
don't say is can the site be used in non-profit educational institutions, in 
classrooms, etc.? The "personal" always make you think you're not allowed to 
use it in class. Any idea?


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




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 

Re: [Videolib] American Archive of Public Broadcasting Launches

[scott spicer]

Thanks for sharing, I have added this resource to the Digital Video
Collections Guide (hosted on ALA Connect):
http://connect.ala.org/node/183711.

Best,
Scott

-- 
Scott Spicer
Media Outreach and Learning Spaces Librarian
University of Minnesota Libraries - Twin Cities
341 Walter Library
spic0...@umn.edu612.626.0629
Media Services: lib.umn.edu/media
SMART Learning Commons: lib.umn.edu/smart
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] American Archive of Public Broadcasting Launches

[Bergman, Barbara J]

Since this is a freely available website of what were freely available 
broadcasts, I think it's just fine to use it in a classroom.

Barb Bergman | Media Services & Interlibrary Loan Librarian | Minnesota State 
University, Mankato | (507) 389-5945 | 
barbara.berg...@mnsu.edu

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Moshiri, Farhad
Sent: Wednesday, October 28, 2015 2:23 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] American Archive of Public Broadcasting Launches

Thanks Bob. The problem is I've heard that using a personal home video in 
face-to-face classroom (purchased from Amazon or borrowed from Red Box, for 
example) falls into First Sale Doctrine. But using a database whether or not it 
is free or with subscription, falls under license agreement and the terms of 
use.

Farhad

From: 
videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Bob Norris
Sent: Wednesday, October 28, 2015 2:10 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] American Archive of Public Broadcasting Launches

Just using logic, not law, since the Face to Face exemption allows you to use a 
personal home video in the classroom when the teacher is present, then it seems 
a streaming sight that allows personal access to all could be used in the 
classroom too. It would not infer PPR.  That is my guess.
Bob

Robert A. Norris
Managing Director
Film Ideas, Inc.
Phone: (847) 419-0255
Email:  b...@filmideas.com
Web:www.filmideas.com

From: "Moshiri, Farhad" >
Date: October 28, 2015 1:13:40 PM CDT
To: "videolib@lists.berkeley.edu" 
>
Subject: Re: [Videolib] American Archive of Public Broadcasting Launches With 
7, 000 Programs Available to Stream Online
Reply-To: videolib@lists.berkeley.edu


A copyright question: When I looked at terms of use, they say this site is for 
personal, non-commercial use. I've seen this statement in most sites. What they 
don't say is can the site be used in non-profit educational institutions, in 
classrooms, etc.? The "personal" always make you think you're not allowed to 
use it in class. Any idea?


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




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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] New 1201 exemptions

[Brewer, Michael M - (brewerm)]

Yes. That is my reading of it, too. Thanks Andy. It would be nice if they’d 
just allow for circumvention for uses that are fair or otherwise covered by 
copyright exceptions and leave it at that.
mb

Michael Brewer | Librarian | Head, Research & Learning | 
brew...@email.arizona.edu

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Andrew Horbal
Sent: Wednesday, October 28, 2015 12:59 PM
To: 'videolib@lists.berkeley.edu' 
Subject: Re: [Videolib] New 1201 exemptions

Hi Michael,

I’ve was holding off on responding to this thread until I’ve had a chance to 
peruse the new exemptions, but I’m not positive I’m going to get around to this 
before the weekend, so, briefly: the exemptions only apply to the DMCA’s 
prohibition on overriding technological copy protections. My reading is that 
while you no longer have to worry about the DMCA if you qualify for one of 
these exemptions, you do still need to make a separate fair use argument to 
justify your use of the copyrighted work being protected. If your use was found 
to not be fair, you would be guilty of copyright infringement; you would not, 
however, be guilty of violating the DMCA (because you were exempted from it).

Andy


From: 
videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Brewer, Michael M - 
(brewerm)
Sent: Tuesday, October 27, 2015 3:19 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] New 1201 exemptions

I mostly agree with Jessica. However, I have questions about what 1201 allows 
and doesn’t allow in these cases. It seems to me that the 1201 exemptions and 
fair use (or other exceptions) are different things and are supposed to be 
considered separately. Couldn’t one potentially legally circumvent encryption, 
but still violate the law, depending on the actual “fairness” of the actual 
use.? If anyone out there knows the answer to this, I’d be interested in 
hearing it.

For example, could I circumvent encryption for a particular use (a 
noncommercial documentary, my dissertation on film, etc.), but in using the 
“heart of a work” still be able to be sued for copyright infringement, or does 
my adherence to the 1201 rule keep me safe?

mb

Michael Brewer | Librarian | Head, Research & Learning | 
brew...@email.arizona.edu

From: 
videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner
Sent: Tuesday, October 27, 2015 12:03 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] New 1201 exemptions

My very quick take is that it expands both formats ( blu ray , streaming now 
included) and users who can break encryption use portions ( clips) of AV works. 
Not sure I see a big effect on university stuff as I don't really know if folks 
felt constrained about using clips in any class/stream though I guess profs 
will like blu ray option.  The biggest change I see is only tangential  to 
academic use but it seems to basically eliminate the need to ever license a 
clip for documentary or fiction av work.
The  important thing from my evil perspective of working with filmmakers and 
distributors is that they rejected the request for any exemptions allowing 
educational ( or any) user to go beyond using "limited portions" of works.
I am sure others will find much more
Jessica

On Tue, Oct 27, 2015 at 1:08 PM, Randal Baier 
> wrote:
Does anyone have an accurate summary in normal speak that can still be precise 
without using legal language?

==
Randal Baier
Eastern Michigan University
Ypsilanti, Michigan 48197
(734) 487-2520
rba...@emich.edu
tweets @rbaier – skypes @ randalbaier
“... do not all strange sounds thrill us as human
till we have learned to refer them to their proper
source?” -Thoreau, mss., Journal 9: 1854-1855


From: "Sarah E. McCleskey" 
>
To: videolib@lists.berkeley.edu
Sent: Tuesday, October 27, 2015 9:46:43 AM
Subject: [Videolib] New 1201 exemptions

https://s3.amazonaws.com/public-inspection.federalregister.gov/2015-27212.pdf

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 95, Issue 29

[Bob Norris]

Is agreeing to the Terms of Use the same as a license? If so, then I guess the 
Face to Face exemption would not apply in general. In this particular instance 
WGBH could chime in as to their intent.

> 
> From: "Moshiri, Farhad" 
> Date: October 28, 2015 2:22:41 PM CDT
> To: "videolib@lists.berkeley.edu" 
> Subject: Re: [Videolib] American Archive of Public Broadcasting Launches
> Reply-To: videolib@lists.berkeley.edu
> 
> 
> Thanks Bob. The problem is I’ve heard that using a personal home video in 
> face-to-face classroom (purchased from Amazon or borrowed from Red Box, for 
> example) falls into First Sale Doctrine. But using a database whether or not 
> it is free or with subscription, falls under license agreement and the terms 
> of use.
>  
> Farhad
>  
> From: videolib-boun...@lists.berkeley.edu 
> [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Bob Norris
> Sent: Wednesday, October 28, 2015 2:10 PM
> To: videolib@lists.berkeley.edu
> Subject: Re: [Videolib] American Archive of Public Broadcasting Launches
>  
> Just using logic, not law, since the Face to Face exemption allows you to use 
> a personal home video in the classroom when the teacher is present, then it 
> seems a streaming sight that allows personal access to all could be used in 
> the classroom too. It would not infer PPR.  That is my guess.
> Bob
>  
> Robert A. Norris
> Managing Director
> Film Ideas, Inc.
> Phone: (847) 419-0255
> Email:  b...@filmideas.com
> Web:www.filmideas.com
> 
> 
> From: "Moshiri, Farhad" 
> Date: October 28, 2015 1:13:40 PM CDT
> To: "videolib@lists.berkeley.edu" 
> Subject: Re: [Videolib] American Archive of Public Broadcasting Launches With 
> 7, 000 Programs Available to Stream Online
> Reply-To: videolib@lists.berkeley.edu
> 
> 
> 
> A copyright question: When I looked at terms of use, they say this site is 
> for personal, non-commercial use. I’ve seen this statement in most sites. 
> What they don’t say is can the site be used in non-profit educational 
> institutions, in classrooms, etc.? The “personal” always make you think 
> you’re not allowed to use it in class. Any idea?

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.