[Videolib] Application Deadline Extended! Institute for Research Design in Librarianship 2017

2017-01-12 Thread Andrew Horbal
Dear Videolib-ers,

If you were thinking about applying for the 2017 Institute for Research
Design in Librarianship, I have good news for you: the deadline for
applications has been extended two weeks to January 27! Please see more
information about IRDL below. As I have noted before, I was part of IRDL's
second cohort in 2015 and would be delighted to answer any questions you
might have or provide feedback on your application materials.

Thanks, and sincere apologies for cross-posting!

Andy

* * *


*The deadline for applications to IRDL 2017 has been extended TWO WEEKS.
Applications are now due on January 27, 2017.*


We are issuing a call for applications for the Institute for Research
Design in Librarianship (IRDL) 2017. We are seeking novice librarian
researchers who are employed by academic libraries or research libraries
outside an academic setting in the United States to participate in the
Institute. We define “novice” broadly; if you feel that you would benefit
from being guided throughout the entire research design process, we
encourage your application. Librarians of all levels of professional
experience are welcome to apply.


The year-long experience begins with a workshop held on the campus of
Loyola Marymount University in Los Angeles, California, from June 4-10,
2017, with arrival on campus on Saturday, June 3, and departure on Sunday,
June 11.


The William H. Hannon Library has received a second three-year grant from
the Institute for Museum and Library Services (IMLS) to offer this
continuing education opportunity (this grant, IRDL-2, is from 2016-2019).
Each year 20 librarians will receive, at no cost to them, instruction in
research design and a full year of peer/mentor support to complete a
research project at their home institutions; *the learning experience,
travel to and from Los Angeles, CA, accommodations, and food will be
supplied to Scholars free of charge*.


We seek librarians with a passion for research and a desire to improve
their research skills. IRDL is designed to bring together all that the
literature tells us about the necessary conditions for librarians to
conduct valid and reliable research in an institutional setting. The cohort
will be chosen from a selective submission process, with an emphasis on
enthusiasm for research and diversity from a variety of perspectives,
including ethnicity and type and size of library.


Selection criteria:

· Commitment to the year-long process of participating in the IRDL
research community and conducting the proposed study within the 2017-2018
academic year;

· Significance of the research problem to the operational success
of libraries or to the profession of librarianship;

· Thoughtfulness, thoroughness, and clarity of the research
proposal;

· Enthusiasm for research and a desire to learn.

We will be accepting applications from December 1, 2016 to January 13,
2017. Scholars accepted to the Institute will be notified in early March
2017. Application information may be found at
http://irdlonline.org/call-for-proposals/institute-overview/.


Please contact Project Directors with any questions about the Institute or
the application process:

Marie Kennedy, Serials & Electronic Resources Librarian, Loyola Marymount
University (marie.kenn...@lmu.edu)

Kristine Brancolini, Dean of the Library, Loyola Marymount University (
branc...@lmu.edu)
VIDEOLIB is intended to encourage the broad and lively discussion of issues 
relating to the selection, evaluation, acquisition,bibliographic control, 
preservation, and use of current and evolving video formats in libraries and 
related institutions. It is hoped that the list will serve as an effective 
working tool for video librarians, as well as a channel of communication 
between libraries,educational institutions, and video producers and 
distributors.


[Videolib] Re-posting IRDL 2017 Call for Applications

2016-12-13 Thread Andrew Horbal
Dear Videolib-ers,

Sincere apologies for cross-posting!

I've been asked to re-post the following call for applications for the 2017
Institute for Research Design in Librarianship (IRDL):

Are you a "novice" librarian researcher? Could you use expert guidance
through the entire research process, from project conception through
publication in a peer-reviewed journal? Would you like to be part of a
growing community of librarians with a passion for research and a desire to
improve their research skills? If so, you should definitely consider
applying to the 2017 Institute for Research Design in Librarianship! Here's
the official call for applications:

We are issuing a call for applications for the Institute for Research
Design in Librarianship (IRDL) 2017. We are seeking novice librarian
researchers who are employed by academic libraries or research libraries
outside an academic setting in the United States to participate in the
Institute. We define “novice” broadly; if you feel that you would benefit
from being guided throughout the entire research design process, we
encourage your application. Librarians of all levels of professional
experience are welcome to apply.

The year-long experience begins with a workshop held on the campus of
Loyola Marymount University in Los Angeles, California, from June 4-10,
2017, with arrival on campus on Saturday, June 3, and departure on Sunday,
June 11.

The William H. Hannon Library has received a second three-year from the
Institute for Museum and Library Services (IMLS) to offer this continuing
education opportunity (this grant, IRDL-2, is from 2016-2019). Each year 20
librarians will receive, at no cost to them, instruction in research design
and a full year of peer/mentor support to complete a research project at
their home institutions; the learning experience, travel to and from Los
Angeles, CA, accommodations, and food will be supplied to Scholars free of
charge.

We seek librarians with a passion for research and a desire to improve
their research skills. IRDL is designed to bring together all that the
literature tells us about the necessary conditions for librarians to
conduct valid and reliable research in an institutional setting. The cohort
will be chosen from a selective submission process, with an emphasis on
enthusiasm for research and diversity from a variety of perspectives,
including ethnicity and type and size of library.

Selection criteria:

   -

   Commitment to the year-long process of participating in the IRDL
   research community and conducting the proposed study within the 2017-2018
   academic year;
   -

   Significance of the research problem to the operational success of
   libraries or to the profession of librarianship;
   -

   Thoughtfulness, thoroughness, and clarity of the research proposal;
   -

   Enthusiasm for research and a desire to learn.

We will be accepting applications from December 1, 2016 to January 13,
2017. Scholars accepted to the Institute will be notified in early March
2017. Application information may be found at http://irdlonline.org/call-
for-proposals/institute-overview/.
Please contact Project Directors with any questions about the Institute or
the application process:
Marie Kennedy, Serials & Electronic Resources Librarian, Loyola Marymount
University (marie.kenn...@lmu.edu)
Kristine Brancolini, Dean of the Library, Loyola Marymount University (
branc...@lmu.edu)

Like I said last month, I was part of cohort #2 in 2015, and it was one of
the best professional experiences of my career so far. Please don't
hesitate to let me know if you have any questions about the program or the
application process!

Andy Horbal

Head of Learning Commons

1101 McKeldin Library

7649 Library Ln.

University of Maryland

College Park, MD 20742

(301) 405-9227

ahor...@umd.edu
VIDEOLIB is intended to encourage the broad and lively discussion of issues 
relating to the selection, evaluation, acquisition,bibliographic control, 
preservation, and use of current and evolving video formats in libraries and 
related institutions. It is hoped that the list will serve as an effective 
working tool for video librarians, as well as a channel of communication 
between libraries,educational institutions, and video producers and 
distributors.


[Videolib] IRDL 2017 Call for Applications

2016-11-15 Thread Andrew Horbal
Dear Videolib-ers,

Sincere apologies for cross-posting!

Are you a "novice" librarian researcher? Could you use expert guidance
through the entire research process, from project conception through
publication in a peer-reviewed journal? Would you like to be part of a
growing community of librarians with a passion for research and a desire to
improve their research skills? If so, you should definitely consider
applying to the 2017 Institute for Research Design in Librarianship! Here's
the official call for applications:

We are issuing a call for applications for the Institute for Research
Design in Librarianship (IRDL) 2017. We are seeking novice librarian
researchers who are employed by academic libraries or research libraries
outside an academic setting in the United States to participate in the
Institute. We define “novice” broadly; if you feel that you would benefit
from being guided throughout the entire research design process, we
encourage your application. Librarians of all levels of professional
experience are welcome to apply.

The year-long experience begins with a workshop held on the campus of
Loyola Marymount University in Los Angeles, California, from June 4-10,
2017, with arrival on campus on Saturday, June 3, and departure on Sunday,
June 11.

The William H. Hannon Library has received a second three-year from the
Institute for Museum and Library Services (IMLS) to offer this continuing
education opportunity (this grant, IRDL-2, is from 2016-2019). Each year 20
librarians will receive, at no cost to them, instruction in research design
and a full year of peer/mentor support to complete a research project at
their home institutions; the learning experience, travel to and from Los
Angeles, CA, accommodations, and food will be supplied to Scholars free of
charge.

We seek librarians with a passion for research and a desire to improve
their research skills. IRDL is designed to bring together all that the
literature tells us about the necessary conditions for librarians to
conduct valid and reliable research in an institutional setting. The cohort
will be chosen from a selective submission process, with an emphasis on
enthusiasm for research and diversity from a variety of perspectives,
including ethnicity and type and size of library.

Selection criteria:

   -

   Commitment to the year-long process of participating in the IRDL
   research community and conducting the proposed study within the 2017-2018
   academic year;
   -

   Significance of the research problem to the operational success of
   libraries or to the profession of librarianship;
   -

   Thoughtfulness, thoroughness, and clarity of the research proposal;
   -

   Enthusiasm for research and a desire to learn.

We will be accepting applications from December 1, 2016 to January 13,
2017. Scholars accepted to the Institute will be notified in early March
2017. Application information may be found at
http://irdlonline.org/call-for-proposals/institute-overview/.
Please contact Project Directors with any questions about the Institute or
the application process:
Marie Kennedy, Serials & Electronic Resources Librarian, Loyola Marymount
University (marie.kenn...@lmu.edu)
Kristine Brancolini, Dean of the Library, Loyola Marymount University (
branc...@lmu.edu)

I was part of cohort #2 in 2015, and it was one of the best professional
experiences of my career so far. Please don't hesitate to let me know if
you have any questions about the program or the application process!

Andy Horbal

Head of Learning Commons

1101 McKeldin Library

7649 Library Ln.

University of Maryland

College Park, MD 20742

(301) 405-9227

ahor...@umd.edu
VIDEOLIB is intended to encourage the broad and lively discussion of issues 
relating to the selection, evaluation, acquisition,bibliographic control, 
preservation, and use of current and evolving video formats in libraries and 
related institutions. It is hoped that the list will serve as an effective 
working tool for video librarians, as well as a channel of communication 
between libraries,educational institutions, and video producers and 
distributors.


Re: [Videolib] Amazon Prime

2016-10-20 Thread Andrew Horbal
Thanks for sharing, Cathy! This is a very thorough analysis, and the
author's conclusion (that "teachers should be wary of using their own
personal accounts, particularly those with restrictions such as those
placed by Netflix on its users, to show movies and other video content") is
well worth considering. I do want to point out, though, that the language
in Amazon Video's "License to Digital Content" that this thread started out
discussing is different from the language in Netflix's license c. 2013,
which this article is largely based on. Specifically, Amazon Video permits
a "private viewing *for you and your invitees*" (my emphasis), whereas
Netflix permits "personal" use only. I hope that someone will report back
from National Media Market and let us all know what Eric Schwartz and
Jonathan Band had to say about this subject!

Andy

On Thu, Oct 20, 2016 at 1:13 PM, Cathy Michael  wrote:

> Hello, again.  The question came up recently for me and I shared this
> article with my faculty: https://works.bepress.com/jonathan_ezor/12/
> Best,  Cathy
>
> Catherine H. Michael
> Communications & Legal Studies Librarian
> Ithaca College Library
> 953 Danby Road, Ithaca, NY  14850
> Phone | 607-274-1293
> More About Me
> <https://library.ithaca.edu/services/staff_details.php?name=cmichael> |
> Anonymous Feedback: *Have I helped you today?*
> <https://ithaca.qualtrics.com/SE/?SID=SV_a4zGXGnJDAaA2BT>
>
>
> On Wed, Oct 19, 2016 at 12:40 PM, Sarah E. McCleskey <
> sarah.e.mccles...@hofstra.edu> wrote:
>
>> Hi all,
>>
>>
>>
>> I have asked both copyright experts who are speaking at National Media
>> Market to address this particular issue. It raises so many interesting
>> points: contract law, EULAs, Section 110(1), collecting physical content
>> for the future, acquiring content for now … Eric Schwartz (Sunday evening)
>> and Jonathan Band (Monday morning) have both agreed to give us their
>> perspectives.
>>
>>
>>
>> Sarah McCleskey
>>
>> Board Chair
>>
>> National Media Market – a 501a nonprofit organization
>>
>>
>>
>>
>>
>>
>>
>> *From:* videolib-boun...@lists.berkeley.edu [mailto:
>> videolib-boun...@lists.berkeley.edu] *On Behalf Of *Katie Aldrich
>> *Sent:* Wednesday, October 19, 2016 12:14 PM
>> *To:* videolib@lists.berkeley.edu
>> *Subject:* Re: [Videolib] Amazon Prime
>>
>>
>>
>> This discussion is very interesting.  I work with acquisitions,
>> licensing, & copyright in an academic library, and I have always
>> interpreted "personal" as being a family/friends/individual situation.  I
>> think fairness dictates that any organization or company activity - even if
>> limited in number of attendees - would no longer qualify as personal.  I
>> believe that is why the copyright exemption for classroom use exists.
>> There would be no need for it otherwise.
>>
>> It's been my understanding as well that license always trumps copyright,
>> because you are agreeing to something contractual in nature.
>>
>> I appreciate the discussions that happen on this listserv.  It's great to
>> have an opportunity for professionals of different fields to collaborate on
>> these issues and to share their experience, insights, and expertise.
>>
>> Katie Aldrich
>>
>>
>>
>>
>>
>> From:Bob Norris 
>> To:videolib@lists.berkeley.edu
>> Date:10/17/2016 08:15 AM
>> Subject:Re: [Videolib] Amazon Prime
>> Sent by:videolib-boun...@lists.berkeley.edu
>> --
>>
>>
>>
>>
>> Well, using the I'm not a lawyer just thinking logically approach, a
>> professor and the students seems more similar to a public performance than
>> a private viewing. Profs may have an affinity for their students but the
>> students are not the prof's friends. It is rare that a prof would invite
>> students into their home or hotel room, hopefully. However, when you have a
>> public performance it is often people with something in common that have an
>> affinity for one another but are not friends. It is not "Personal," which
>> is the only right Amazon is granting.
>>
>> My 2 cents,
>> Bob
>>
>> On Oct 15, 2016, at 2:27 PM, videolib-requ...@lists.berkeley.edu wrote:
>>
>>
>>  1. Re: Amazon Prime (Dennis Doros)
>>
>> *From: *Dennis Doros 
>> *Date: *October 14, 2016 6:18:04 PM CDT
>> *To: *Video Library questions 
>> *Subject: Re: [

Re: [Videolib] Amazon Prime

2016-10-17 Thread Andrew Horbal
Hi Bob,

I think this might bring us back to 110(1)! If it's not clear whether a
classroom screening is "personal" or "public," perhaps it could be either
depending on the circumstances? I strongly suspect that your professor who
invites the entire campus to a screening isn't complying with the
requirement in 110(1) that the screening must be "in the course of
face-to-face teaching activities," which would mean that even if this
license is written vaguely enough that such activity is allowable under the
terms of the contract, it would still constitute a copyright violation.

In summary: as numerous people have pointed out, if you sign a contract,
you must comply with the terms of that contract. In this case, the question
is whether or not the license we've been discussing excludes a behavior
(screening the film to a class) that otherwise would be allowed under
110(1). There's enough ambiguity here that I personally would feel
comfortable concluding that it doesn't. You have concluded otherwise, which
is fine: I don't see any reason why we can't agree to disagree!

License writers take heed: perhaps you should consider wording more exact
than "personal uses only" when telling people what they are and are not
permitted to do!

Andy

On Mon, Oct 17, 2016 at 2:36 PM, Bob Norris  wrote:

> Andy,
> I agree the location does not matter. It could be in a classroom, office
> or a box with green eggs and ham. To me the issue is personal vs. public.
> Giving my age away, way back when it was simple. The personal or consumer
> home video license was for viewing in your dwelling by yourself and your
> invitees. That is the only place you could technically play back video. Now
> you can watch video anywhere so the personal use description has to be
> expanded to say for example an airport lounge. But that doesn't mean
> everyone in the lounge can watch it, only those personal to you.
>
> Clearly a personal rights license intends to restrict usage as you say.
> But the simple act of limiting usage does not make it personal. With your
> logic a professor could invite the whole campus to view a program. The
> general public would be excluded. But how is that personal? I believe Swank
> lawyers would come knocking if you tried that with their movies. You still
> have to look at the nature of the viewers and I maintain students are not
> personal as noted before.
>
> Regards,
> Bob
>
> On Oct 17, 2016, at 8:56 AM, videolib-requ...@lists.berkeley.edu wrote:
>
>
>
> *From: *Andrew Horbal 
> *Date: *October 17, 2016 8:56:33 AM CDT
> *To: *videolib@lists.berkeley.edu
> *Subject: **Re: [Videolib] Amazon Prime*
> *Reply-To: *videolib@lists.berkeley.edu
>
>
> I think it's relevant that the license states that it's okay to screen the
> film in a location such as a "hotel room, dorm room, office, or airport
> waiting lounge" provided that the screening "is limited to a private
> viewing for you and your invitees" (note that the license says "invitees,"
> not "friends'). It seems probable to me that the intent is simply to
> restrict the number of people who are able to see the film to the licensee
> and people chosen to see it by the licensee (as opposed to the general
> "public"), and that if this condition is met, the location of the screening
> isn't important.
>
> I don't think there's any question that according to this license, the
> professor could invite a group of students to their office to watch the
> film. Continuing along this path, I submit the following:
>
> 1. There's no functional difference between the professor inviting the
> students to their office to watch the film and inviting them to their
> regular classroom, provided only the invited students are able to see the
> film (i.e. the door is closed, and people who aren't in the class aren't
> admitted).
> 2. There's no logical reason why the screening described in (1) couldn't
> take place during the class's regularly-schedule meeting time.
> 3. Assuming the screenings described above in (1) and (2) are allowable,
> it would be silly to require the professor to jump through the hoop of
> actually issuing "invitations" to their students, provided, again, that
> just the students in the class are able to see the film.
>
> In all of these cases, the same number of people see the film is
> identical. This is why it seems to me that a classroom screening is more
> similar to a "private viewing for you and your invitees" than a "public
> presentation."
>
> Andy
>
> On Mon, Oct 17, 2016 at 9:10 AM, Bob Norris  wrote:
>
>> Well, using the I'm not a 

Re: [Videolib] Amazon Prime

2016-10-17 Thread Andrew Horbal
I think it's relevant that the license states that it's okay to screen the
film in a location such as a "hotel room, dorm room, office, or airport
waiting lounge" provided that the screening "is limited to a private
viewing for you and your invitees" (note that the license says "invitees,"
not "friends'). It seems probable to me that the intent is simply to
restrict the number of people who are able to see the film to the licensee
and people chosen to see it by the licensee (as opposed to the general
"public"), and that if this condition is met, the location of the screening
isn't important.

I don't think there's any question that according to this license, the
professor could invite a group of students to their office to watch the
film. Continuing along this path, I submit the following:

1. There's no functional difference between the professor inviting the
students to their office to watch the film and inviting them to their
regular classroom, provided only the invited students are able to see the
film (i.e. the door is closed, and people who aren't in the class aren't
admitted).
2. There's no logical reason why the screening described in (1) couldn't
take place during the class's regularly-schedule meeting time.
3. Assuming the screenings described above in (1) and (2) are allowable, it
would be silly to require the professor to jump through the hoop of
actually issuing "invitations" to their students, provided, again, that
just the students in the class are able to see the film.

In all of these cases, the same number of people see the film is identical.
This is why it seems to me that a classroom screening is more similar
to a "private
viewing for you and your invitees" than a "public presentation."

Andy

On Mon, Oct 17, 2016 at 9:10 AM, Bob Norris  wrote:

> Well, using the I'm not a lawyer just thinking logically approach, a
> professor and the students seems more similar to a public performance than
> a private viewing. Profs may have an affinity for their students but the
> students are not the prof's friends. It is rare that a prof would invite
> students into their home or hotel room, hopefully. However, when you have a
> public performance it is often people with something in common that have an
> affinity for one another but are not friends. It is not "Personal," which
> is the only right Amazon is granting.
>
> My 2 cents,
> Bob
>
> On Oct 15, 2016, at 2:27 PM, videolib-requ...@lists.berkeley.edu wrote:
>
>
>
>   1. Re: Amazon Prime (Dennis Doros)
>
> *From: *Dennis Doros 
> *Date: *October 14, 2016 6:18:04 PM CDT
> *To: *Video Library questions 
> *Subject: **Re: [Videolib] Amazon Prime*
> *Reply-To: *videolib@lists.berkeley.edu
>
>
> "which takes place in your private home or apartment or, if outside your
> private home or apartment (e.g., in a hotel room, dorm room, office, or
> airport waiting lounge) is limited to a private viewing for you and your
> invitees."
>
> does make it seem like a classroom would not be permissible, but I agree
> it's ambiguous.
>
> Best regards,
> Dennis Doros
> Milestone Film & VideoOn Fri, Oct 14, 2016 at 3:49 PM, Andrew Horbal <
> ahor...@umd.edu> wrote:
>
>> Hi all,
>>>>> " In my own personal (read: I am not a lawyer, so please do not
>>>>> construe this as legal advice; if you want legal advice, please consult an
>>>>> attorney!) opinion, a classroom setting whereby the only people present 
>>>>> are
>>>>> the professor and the students in the class is more similar to a "private
>>>>> viewing for you and your invitees" (which is allowed by the license) than 
>>>>> a
>>>>> "public presentation" (which is not).
>>>>>
>>>>> I will be curious to see who agrees with this interpretation and who
>>>>> disagrees, and why!
>>>>>
>>>>> Andy Horbal
>>>>> Head of Learning Commons
>>>>> 1101 McKeldin Library
>>>>> 7649 Library Ln.
>>>>> University of Maryland
>>>>> College Park, MD 20742
>>>>> (301) 405-9227
>>>>> ahor...@umd.edu
>>>>>
>>>>> On Fri, Oct 14, 2016 at 3:27 PM, Jodie Borgerding >>>> webster.edu> wrote:
>>>>>
>>>>>> I would be interested in hearing more about this. My initial reaction
>>>>>> is that as long as it is in a classroom setting, fair use would still
>>>>>> apply. However, I don’t feel confident in my fair use/copyrig

Re: [Videolib] Amazon Prime

2016-10-14 Thread Andrew Horbal
Hi Dennis,

I believe Eileen's post contains the relevant information from the contract
Lake Forest College agreed to with Amazon Prime. As I said in my reply, I
don't see anything in there that would interfere with the professor's
ability to rely on 110(1).

Andy


On Fri, Oct 14, 2016 at 4:17 PM, Dennis Doros  wrote:

> I hate to be the tap water at a champagne party, but as it has been
> discussed here previously, this case probably doesn't have to do with the
> classroom exemption laws -- it has to do with contractual law. Once you hit
> that "agree" or "buy" button, you've signed an electronic contract with
> Amazon. Now, if they don't have anything that you've agreed to signing up
> for Prime or in their individual purchase/rental agreements, then that's a
> different story.
>
>
> 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
> www.milestone.film
>
>
> JOIN OUR MAILING LIST TODAY!
> <http://milestonefilms.us3.list-manage1.com/subscribe/post?u=4a0b9e434a9f3e8603c29806e&id=f30d1906e2>
> Support us on Facebook
> <http://www.facebook.com/pages/Milestone-Film/22348485426> and Twitter
> <https://twitter.com/#!/MilestoneFilms>!
>
>
> On Fri, Oct 14, 2016 at 3:51 PM, Andrew Horbal  wrote:
>
>> So, to be clear, based on the available facts, I think it *would* be
>> permissible for this professor to show *Transparent *to his or her class.
>>
>> Andy
>>
>> On Fri, Oct 14, 2016 at 3:49 PM, Andrew Horbal  wrote:
>>
>>> Hi all,
>>>
>>> The exemption which fits this scenario most closely is 17 USC 110(1)
>>> <https://www.law.cornell.edu/uscode/text/17/110>, the classroom
>>> screening exemption, not 17 USC 107 fair use. The question is, I think,
>>> whether or not Lake Forest College agreed to not engage in behavior
>>> permitted by this exemption when they agreed to Amazon Prime Business's
>>> "license to digital content." In my own personal (read: I am not a lawyer,
>>> so please do not construe this as legal advice; if you want legal advice,
>>> please consult an attorney!) opinion, a classroom setting whereby the only
>>> people present are the professor and the students in the class is more
>>> similar to a "private viewing for you and your invitees" (which is
>>> allowed by the license) than a "public presentation" (which is not).
>>>
>>> I will be curious to see who agrees with this interpretation and who
>>> disagrees, and why!
>>>
>>> Andy Horbal
>>>
>>> Head of Learning Commons
>>>
>>> 1101 McKeldin Library
>>>
>>> 7649 Library Ln.
>>>
>>> University of Maryland
>>>
>>> College Park, MD 20742
>>>
>>> (301) 405-9227
>>>
>>> ahor...@umd.edu
>>>
>>> On Fri, Oct 14, 2016 at 3:27 PM, Jodie Borgerding >> .edu> wrote:
>>>
>>>> I would be interested in hearing more about this. My initial reaction
>>>> is that as long as it is in a classroom setting, fair use would still
>>>> apply. However, I don’t feel confident in my fair use/copyright knowledge
>>>> to make that call. J
>>>>
>>>>
>>>>
>>>> Jodie
>>>>
>>>>
>>>>
>>>> 
>>>>
>>>>
>>>>
>>>> Jodie Borgerding, MLS
>>>>
>>>> Instruction and Liaison Librarian
>>>>
>>>> Missouri Library Association President
>>>>
>>>> Webster University Library
>>>>
>>>> 470 E. Lockwood
>>>>
>>>> St. Louis, MO  63119
>>>>
>>>> (314) 246-7819
>>>>
>>>> jborgerdin...@webster.edu
>>>>
>>>> http://library.webster.edu
>>>>
>>>> http://molib.org
>>>>
>>>>
>>>>
>>>> *From:* videolib-boun...@lists.berkeley.edu [mailto:
>>>> videolib-boun...@lists.berkeley.edu] *On Behalf Of *Karsten, Eileen
>>>> *Sent:* Friday, October 14, 2016 9:44 AM
>>>> *To:* Videolib (videolib@lists.berkeley.edu) <
>>>> videolib@lists.berkeley.edu>
>>>> *Subject:* [Videolib] Amazon Prime
>>>>
>>>>
>>>>
>>>> Dear CW,
>>>>
>>>

Re: [Videolib] Amazon Prime

2016-10-14 Thread Andrew Horbal
So, to be clear, based on the available facts, I think it *would* be
permissible for this professor to show *Transparent *to his or her class.

Andy

On Fri, Oct 14, 2016 at 3:49 PM, Andrew Horbal  wrote:

> Hi all,
>
> The exemption which fits this scenario most closely is 17 USC 110(1)
> <https://www.law.cornell.edu/uscode/text/17/110>, the classroom screening
> exemption, not 17 USC 107 fair use. The question is, I think, whether or
> not Lake Forest College agreed to not engage in behavior permitted by this
> exemption when they agreed to Amazon Prime Business's "license to digital
> content." In my own personal (read: I am not a lawyer, so please do not
> construe this as legal advice; if you want legal advice, please consult an
> attorney!) opinion, a classroom setting whereby the only people present are
> the professor and the students in the class is more similar to a "private
> viewing for you and your invitees" (which is allowed by the license) than a
> "public presentation" (which is not).
>
> I will be curious to see who agrees with this interpretation and who
> disagrees, and why!
>
> Andy Horbal
>
> Head of Learning Commons
>
> 1101 McKeldin Library
>
> 7649 Library Ln.
>
> University of Maryland
>
> College Park, MD 20742
>
> (301) 405-9227
>
> ahor...@umd.edu
>
> On Fri, Oct 14, 2016 at 3:27 PM, Jodie Borgerding  edu> wrote:
>
>> I would be interested in hearing more about this. My initial reaction is
>> that as long as it is in a classroom setting, fair use would still apply.
>> However, I don’t feel confident in my fair use/copyright knowledge to make
>> that call. J
>>
>>
>>
>> Jodie
>>
>>
>>
>> 
>>
>>
>>
>> Jodie Borgerding, MLS
>>
>> Instruction and Liaison Librarian
>>
>> Missouri Library Association President
>>
>> Webster University Library
>>
>> 470 E. Lockwood
>>
>> St. Louis, MO  63119
>>
>> (314) 246-7819
>>
>> jborgerdin...@webster.edu
>>
>> http://library.webster.edu
>>
>> http://molib.org
>>
>>
>>
>> *From:* videolib-boun...@lists.berkeley.edu [mailto:
>> videolib-boun...@lists.berkeley.edu] *On Behalf Of *Karsten, Eileen
>> *Sent:* Friday, October 14, 2016 9:44 AM
>> *To:* Videolib (videolib@lists.berkeley.edu) > >
>> *Subject:* [Videolib] Amazon Prime
>>
>>
>>
>> Dear CW,
>>
>>
>>
>> Has anyone an Amazon Prime Business Account?  Have you used it to allow
>> faculty to view Amazon Video?  We have a faculty member who wants us to get
>> an account so that he can view *Transparent* for a class.  If it is
>> applicable, he wants to show it to his students.  On Amazon, everything
>> related to an Amazon Prime Business account talks about free shipping and
>> being able to share that with others in your business.  It does not mention
>> Amazon Video, Amazon Music, etc.Under Amazon Video, the following is
>> stated:
>>
>>
>>
>> *d. License to Digital Content*. Subject to payment of any applicable
>> fees to rent, purchase, or access Digital Content, and your compliance with
>> all terms of this Agreement, Amazon grants you a personal, non-exclusive,
>> non-transferable, non-sublicensable, license, during the applicable Viewing
>> Period, to access, view, use and display the Digital Content in accordance
>> with the Usage Rules, for Non-Commercial, Private Use. "Non-Commercial,
>> Private Use" means a presentation of Digital Content for which no fee or
>> consideration of any kind (other than that which you pay to us to view the
>> Digital Content) is charged or received, which takes place in your private
>> home or apartment or, if outside your private home or apartment (e.g., in a
>> hotel room, dorm room, office, or airport waiting lounge) is limited to a
>> private viewing for you and your invitees. Non-Commercial, Private Use
>> specifically excludes any public presentation (e.g., a presentation in a
>> dorm lounge) and any presentation by a place of public accommodation or
>> other commercial establishment (e.g., a bar or restaurant), even if no fee
>> is charged for viewing the Digital Content. To simplify your viewing and
>> management of Digital Content that has a limited Viewing Period (such as
>> Rental Digital Content and Subscription Digital Content), we may
>> automatically remove that Digital Content from your Compatible Device after
>> the end of its Viewing Period, and you consent

Re: [Videolib] Amazon Prime

2016-10-14 Thread Andrew Horbal
Hi all,

The exemption which fits this scenario most closely is 17 USC 110(1)
, the classroom screening
exemption, not 17 USC 107 fair use. The question is, I think, whether or
not Lake Forest College agreed to not engage in behavior permitted by this
exemption when they agreed to Amazon Prime Business's "license to digital
content." In my own personal (read: I am not a lawyer, so please do not
construe this as legal advice; if you want legal advice, please consult an
attorney!) opinion, a classroom setting whereby the only people present are
the professor and the students in the class is more similar to a "private
viewing for you and your invitees" (which is allowed by the license) than a
"public presentation" (which is not).

I will be curious to see who agrees with this interpretation and who
disagrees, and why!

Andy Horbal

Head of Learning Commons

1101 McKeldin Library

7649 Library Ln.

University of Maryland

College Park, MD 20742

(301) 405-9227

ahor...@umd.edu

On Fri, Oct 14, 2016 at 3:27 PM, Jodie Borgerding  wrote:

> I would be interested in hearing more about this. My initial reaction is
> that as long as it is in a classroom setting, fair use would still apply.
> However, I don’t feel confident in my fair use/copyright knowledge to make
> that call. J
>
>
>
> Jodie
>
>
>
> 
>
>
>
> Jodie Borgerding, MLS
>
> Instruction and Liaison Librarian
>
> Missouri Library Association President
>
> Webster University Library
>
> 470 E. Lockwood
>
> St. Louis, MO  63119
>
> (314) 246-7819
>
> jborgerdin...@webster.edu
>
> http://library.webster.edu
>
> http://molib.org
>
>
>
> *From:* videolib-boun...@lists.berkeley.edu [mailto:videolib-bounces@
> lists.berkeley.edu] *On Behalf Of *Karsten, Eileen
> *Sent:* Friday, October 14, 2016 9:44 AM
> *To:* Videolib (videolib@lists.berkeley.edu) 
> *Subject:* [Videolib] Amazon Prime
>
>
>
> Dear CW,
>
>
>
> Has anyone an Amazon Prime Business Account?  Have you used it to allow
> faculty to view Amazon Video?  We have a faculty member who wants us to get
> an account so that he can view *Transparent* for a class.  If it is
> applicable, he wants to show it to his students.  On Amazon, everything
> related to an Amazon Prime Business account talks about free shipping and
> being able to share that with others in your business.  It does not mention
> Amazon Video, Amazon Music, etc.Under Amazon Video, the following is
> stated:
>
>
>
> *d. License to Digital Content*. Subject to payment of any applicable
> fees to rent, purchase, or access Digital Content, and your compliance with
> all terms of this Agreement, Amazon grants you a personal, non-exclusive,
> non-transferable, non-sublicensable, license, during the applicable Viewing
> Period, to access, view, use and display the Digital Content in accordance
> with the Usage Rules, for Non-Commercial, Private Use. "Non-Commercial,
> Private Use" means a presentation of Digital Content for which no fee or
> consideration of any kind (other than that which you pay to us to view the
> Digital Content) is charged or received, which takes place in your private
> home or apartment or, if outside your private home or apartment (e.g., in a
> hotel room, dorm room, office, or airport waiting lounge) is limited to a
> private viewing for you and your invitees. Non-Commercial, Private Use
> specifically excludes any public presentation (e.g., a presentation in a
> dorm lounge) and any presentation by a place of public accommodation or
> other commercial establishment (e.g., a bar or restaurant), even if no fee
> is charged for viewing the Digital Content. To simplify your viewing and
> management of Digital Content that has a limited Viewing Period (such as
> Rental Digital Content and Subscription Digital Content), we may
> automatically remove that Digital Content from your Compatible Device after
> the end of its Viewing Period, and you consent to such automatic removal.
>
>
>
> Does the educational exemption apply to showing it in a classroom apply to
> Amazon Prime?  For whatever reason, *Transparent* has not been released
> on DVD.
>
>
>
> Thank you for any help you can provide on this subject.
>
>
>
> Eileen Karsten
>
> Head of Technical Services
>
> Donnelley and Lee Library
>
> Lake Forest College
>
> 555 N. Sheridan Road
>
> Lake Forest, IL 60045
>
> 847-735-5066
>
> kars...@lakeforest.edu
>
>
>
> VIDEOLIB is intended to encourage the broad and lively discussion of
> issues relating to the selection, evaluation, acquisition,bibliographic
> control, preservation, and use of current and evolving video formats in
> libraries and related institutions. It is hoped that the list will serve as
> an effective working tool for video librarians, as well as a channel of
> communication between libraries,educational institutions, and video
> producers and distributors.
>
VIDEOLIB is intended to encourage the broad and lively discussion

[Videolib] Job Announcement: Digital Projects Librarian

2016-08-25 Thread Andrew Horbal
Dear Videolib-ers,

The University of Maryland posted a Digital Projects Librarian position
this morning that you may be interested in! Here's a link to more info:

https://ejobs.umd.edu/postings/45346

Sorry for any cross-posting!

Andy Horbal

Head of Learning Commons

1101 McKeldin Library

7649 Library Ln.

University of Maryland

College Park, MD 20742

(301) 405-9227

ahor...@umd.edu
VIDEOLIB is intended to encourage the broad and lively discussion of issues 
relating to the selection, evaluation, acquisition,bibliographic control, 
preservation, and use of current and evolving video formats in libraries and 
related institutions. It is hoped that the list will serve as an effective 
working tool for video librarians, as well as a channel of communication 
between libraries,educational institutions, and video producers and 
distributors.


Re: [Videolib] Nonprofit exemption

2016-06-07 Thread Andrew Horbal
Hi deg and Sarah,

110(4) <https://www.law.cornell.edu/uscode/text/17/110> seems to me to
refer specifically to "nondramatic *literary or musical work*[s]." The
Copyright
Office's glossary <http://copyright.gov/comp3/docs/glossary.pdf> notes that
"nondramatic literary works are intended to be read; they are not intended
to be performed before an audience" and provides the following examples:
fiction, nonfiction, poetry, directories, catalogs, textbooks, reference
works, advertising copy, compilations of information, computer programs,
databases, and other textual works. This source
<http://itlaw.wikia.com/wiki/Nondramatic_musical_work> (the accuracy of
which I cannot verify) defines nondramatic musical works as "popular songs,
not incorporated and performed in an opera or theater musical."

For these reasons, it's not clear to me that 110(4) would apply to
documentary films.

Andy

On Tue, Jun 7, 2016 at 1:30 PM, Sarah E. McCleskey <
sarah.e.mccles...@hofstra.edu> wrote:

> It's section 110 (4). Fascinating.
>
> Sarah McCleskey
> Head of Access Services
> Hofstra University Library
> sarah.e.mccles...@hofstra.edu
>
>
> Sent from my iPhone
>
> > On Jun 7, 2016, at 11:13 AM, Deg Farrelly  wrote:
> >
> > Attending the Kraemer Copyright Symposium in Colorado Springs.  (Kenneth
> Crewes and Kevin Smith making great presentations among others...)
> >
> > At a session yesterday, delivered by IP lawyers, the notion of the
> non-profit exemption for use of non-literary and music works was raised.
> >
> > Quite honestly, this is one exemption I don't recall hearing about
> before.  Sarah McClesky commented similarly.
> >
> > Worth looking into furtherthis may be an exemption that allows
> student groups and other campus activities to screen documentary works
> without securing public performance rights!
> >
> > deg farrelly
> >
> > 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.
>



-- 
Andrew Horbal

Head of Learning Commons

1101 McKeldin Library

7649 Library Ln.

University of Maryland

College Park, MD 20742

(301) 405-9227

ahor...@umd.edu
VIDEOLIB is intended to encourage the broad and lively discussion of issues 
relating to the selection, evaluation, acquisition,bibliographic control, 
preservation, and use of current and evolving video formats in libraries and 
related institutions. It is hoped that the list will serve as an effective 
working tool for video librarians, as well as a channel of communication 
between libraries,educational institutions, and video producers and 
distributors.


[Videolib] streaming rights for TV series?

2016-05-18 Thread Andrew Horbal
Hi Jessica,

Many, if not most, of the questions you pose are answered in Butler's
article.

As my final word in this discussion, here's a brief summary of what I said
yesterday: the law is not settled on this issue, and there is room for
reasonable people to disagree about whether or not a use like the one
described by Maureen requires a license.

Andy

On Wed, May 18, 2016 at 3:56 AM, Jessica Rosner 
wrote:
>
> I honestly tried to read through the article when first posted but could
not really get through it, however I got the gist when in fact I was told
at ALA yeas ago (ironically I now recall it was Brandon Butler not Peter
Jaszi who said that) that there was no need to license CITIZEN KANE as any
film released in theaters  was made "transformed" by being used in a class.
>
> So a few questions and citations
>
> If this is true why would schools be spending millions licensing from
Swank, Kanopy and other, why ask who owns The Bicycle thief or any other
film? Just digitize and stream it for classes. Why would there ever have
been copyright disputes and special laws governing "dramatic" works in
classes if merely using them in classes was a magic bullet that transformed
them so that they could use entire films?The Face to Face act and the
limitation on dramatic works in The TEACH Act were clearly a waste of time
by lawmakers who did not understand this.
>
> How does going from entertainment to educational use exempt these
"transformative works" from the other elements of "fair use "  in
particular the amount used and the financial effect on the rights holder?
Again the history of both copyright cases and copyright law is that
creative works are afforded MORE protection not less.
>
> Why would film or visual works be different from written works and thus
why would schools not be able to digitize and upload any novels. plays etc
that will be used for classes if these works made for entertainment are now
transformed for education?
>
> The LOC/DMCA ruling was exactly on point and I was naive enough to think
this would actually help settle things. During the rule making process
which Congress tasks the Library of Congress to do, numerous groups
submitted various documents and testimony arguing for broader leeway in
breaking encryption which the DMCA would otherwise make illegal. The LOC
granted numerous exemptions including vast widening for academic use as
well as non academic use  of basically limited portions of works. Various
people representing the academic community argued strenuously that for
academic use they should be entitled to break encryption for entire works,
I don't know if the "works made for entertainment are automatically
transformed by being used in a class" argument was specifically made but if
not why not? As noted the library flat out rejected the request to allow
entire works even on password protected educational  systems saying it had
no basis in fact or law so not sure how much clearer and on point  you can
get.
>
>
> Basically you have a bizarre theory that somehow works made for
commercial/entertainment use  can be used in their entirety because the act
of using them in classes is so transformative as to make any other
limitations irrelevant.
>
> I thus assume there will no longer be any need for schools to spend money
licensing any theatrically  films shown in theaters or buying books. plays
sold for consumption to the public beyond a single copy needed to be
digitized and used on password protected systems for classes. I also assume
universities will announce this "best practice" and make studios and
publishers aware of their actions.
>
>
> On Tue, May 17, 2016 at 3:20 PM, Andrew Horbal  wrote:
>>
>> The legal basis for such a claim is comprehensively described by Brandon
Butler in a 48-page article in the most recent issue of the Connecticut Law
Review called "Transformative Teaching and Educational Fair Use After
Georgia State." He has summarized the highlights on his blog here:
http://brandonbutler.info/post/112054748430/transformative-teaching-and-educational-fair-use
.
>> Neither the Google Books case, the GSU case, nor the triennial DMCA
exemptions directly address the question of whether or not streaming a
full-length film to students through a password-protected CMS is a fair
use, so it is disingenuous to imply that the matter has been decided one
way or the other. Jessica may not agree with it, but there is a legal
argument for why this sort of activity should be considered a fair use, and
until it's tried in court, it will largely be up to individuals to decide
for themselves what they think. Hopefully with the advice of their college
or university's legal counsel, of course!
>> For the record, I agree with you that a novel like Catcher in the Rye
should logically be treated the same as a f

Re: [Videolib] streaming rights for TV series?

2016-05-17 Thread Andrew Horbal
Hi Bryan,

In my personal and (just to be clear, since I haven't mentioned it yet in
this thread) non-lawyer opinion, that would depend on how the episode is
being used by the instructor. It seems likely to me that a television
episode will most often be used in such a way that it should be considered
an independent work, not a portion of a larger work (the season):
individual episodes typically have writers, directors, and titles, for
instance. As I've hopefully outlined, this is not necessarily determinative
when considering whether or not the use is fair.

Andy

On Tue, May 17, 2016 at 3:23 PM, Griest, Bryan 
wrote:

> Which circles us back around to “what is the definition of a ‘complete
> work’?” in the case of a television series?
>
>
>
> *From:* videolib-boun...@lists.berkeley.edu [mailto:
> videolib-boun...@lists.berkeley.edu] *On Behalf Of *Chris Lewis
> *Sent:* Tuesday, May 17, 2016 12:21 PM
> *To:* Videolib
>
> *Subject:* Re: [Videolib] streaming rights for TV series?
>
>
>
> There is no prohibition in the TEACH Act from using dramatic or fictional
> works. There is however a prohibition against using complete works as it
> specific mentions"reasonable and limited portions".
>
>
>
> On Tue, May 17, 2016 at 2:56 PM, Jessica Rosner 
> wrote:
>
> The TEACH ACT does not cover works of fiction like a TV show. Those are
> covered by standard "fair use' which again per recent rulings does not
> cover whole works or any lengh
>
>
>
> On Tue, May 17, 2016 at 2:51 PM, Peter Shirts  wrote:
>
> Hi everyone,
>
> I'm surprised that no one has mentioned justifying this use of one episode
> not by fair use, but under the TEACH Act, which was specifically designed
> for online classes. The TEACH Act, while not as expansive as the
> educational exemption, transfers at least some of the education exemptions
> to an online course scenario. See a summary on U of Minnesota's site.
> <https://www.lib.umn.edu/copyright/teach-act>
>
> It seems to me that one or two episodes (depending on the episode length,
> so as to not be longer than a class typical face-to-face class session) on
> an online course management system and meeting the other requirements,
> could be justified this way. More than that would probably start being
> questionable.
>
> Peter
>
>
>
>
> Peter Shirts
> Music and Audiovisual Librarian
> Acting Department Head, Sinclair Library
>
> University of Hawai'i at Mānoa
> 808-956-5425
>
> pshi...@hawaii.edu
>
>
>
> On Tue, May 17, 2016 at 8:35 AM, Andrew Horbal  wrote:
>
> Hi everybody,
>
>
>
> It is worth mentioning as part of this discussion that *ACRL's Code of
> Best Practices in Fair Use for Academic and Research Libraries
> <http://www.arl.org/storage/documents/publications/code-of-best-practices-fair-use.pdf>*
> states both that "w]orks intended for consumption as popular
> entertainment present a case for transformative repurposing when an
> instructor uses them (or excerpts from them) as the objects of commentary
> and criticism, or for purposes of illustration" and that “it will not
> infrequently be the case that access to the entire work (e.g., an
> illustrative song in a class on the history of popular music) will be
> necessary to fulfill the instructor’s pedagogical purpose" (p. 13).
>
>
>
> In her GSU decision, Judge Orinda Evans identifies the course reserves
> program at issue as being nontransformative. If one accepts the argument in
> the ACRL Code of Best Practices, though, the use described by Maureen is
> transformative. Thus, the percentage standards mentioned by Jessica
> wouldn't apply. For those who are interested, I wrote more about how the
> GSU decision might apply to online media reserves programs for a blog I
> edit for CCUMC here: https://ccumc.site-ym.com/page/GA_State_Decision.
>
>
>
> Andy
>
>
>
> On Tue, May 17, 2016 at 2:08 PM, Griest, Bryan 
> wrote:
>
> I can easily see an analysis of a series where a total run is “the
> work”—think of a season of “The Wire”, for example—and one could indeed
> make a logical case as showing one ep being “fair use.” I would be less
> likely to see an ep of something much more episodic like “AITF” in those
> terms, to be sure.
>
>
>
> *From:* videolib-boun...@lists.berkeley.edu [mailto:
> videolib-boun...@lists.berkeley.edu] *On Behalf Of *Jessica Rosner
> *Sent:* Tuesday, May 17, 2016 11:03 AM
>
>
> *To:* videolib@lists.berkeley.edu
> *Subject:* Re: [Videolib] streaming rights for TV series?
>
>
>
> I doubt that would fly as each episode is totally self contained. Again in
> GSU case court rejected about 

Re: [Videolib] streaming rights for TV series?

2016-05-17 Thread Andrew Horbal
The legal basis for such a claim is comprehensively described by Brandon
Butler in a 48-page article in the most recent issue of the *Connecticut
Law Review* called "Transformative Teaching and Educational Fair Use After
Georgia State."
<http://connecticutlawreview.org/files/2016/04/10-Butler.pdf> He has
summarized the highlights on his blog here:
http://brandonbutler.info/post/112054748430/transformative-teaching-and-educational-fair-use
.

Neither the Google Books case, the GSU case, nor the triennial DMCA
exemptions directly address the question of whether or not streaming a
full-length film to students through a password-protected CMS is a fair
use, so it is disingenuous to imply that the matter has been decided one
way or the other. Jessica may not agree with it, but there* is* a legal
argument for why this sort of activity should be considered a fair use, and
until it's tried in court, it will largely be up to individuals to decide
for themselves what they think. Hopefully with the advice of their college
or university's legal counsel, of course!

For the record, I agree with you that a novel like *Catcher in the Rye *should
logically be treated the same as a fictional film like *Citizen Kane*
according to this argument.

Andy

On Tue, May 17, 2016 at 2:54 PM, Jessica Rosner 
wrote:

> I have heard this before ( at ALA conference among other places) and it is
> an absurd argument. In fact when I asked the person ( I think Peter Jaszi
> but not sure)  claiming that using a work intended for "entertainment"  for
> "educational purposes" mean you could stream the entire work  ( in this
> case CITIZEN KANE) without any license or permission also applied to
> digitizing and streaming CATCHER ON THE RYE also written for
> "entertainment" he dodged it and claimed "that was an interesting question"
> In fact the claim is literally 180% from established copyright law that
> "creative" works enjoy far greater protection than factual works and that
> is one of the reasons "transformative" was not an issue with GSU since
> those were not largely creative works.If one accepted this insane theory
> then you would never need to license any theatrical film for streaming and
> you could digitize and stream any novel or short story ever written which
> again is exactly the opposite of the history of copyright law which gives
> greater protection to works of fiction. The law is  very clear in Google
> Books, GSU and LOC DMCA guidelines as opposed to "best practices of an
> organization with a vested interest ( sorry but that is true) and literally
> no legal basis to make such a claim.
>
> Seriously this does not pass the smell test if you claim that any work (
> theater, TV, Film, Novel) produced for "entertainment" can be used and
> copied free of charge for "classroom use"
>
> On Tue, May 17, 2016 at 2:35 PM, Andrew Horbal  wrote:
>
>> Hi everybody,
>>
>> It is worth mentioning as part of this discussion that *ACRL's Code of
>> Best Practices in Fair Use for Academic and Research Libraries
>> <http://www.arl.org/storage/documents/publications/code-of-best-practices-fair-use.pdf>*
>> states both that "w]orks intended for consumption as popular
>> entertainment present a case for transformative repurposing when an
>> instructor uses them (or excerpts from them) as the objects of commentary
>> and criticism, or for purposes of illustration" and that “it will not
>> infrequently be the case that access to the entire work (e.g., an
>> illustrative song in a class on the history of popular music) will be
>> necessary to fulfill the instructor’s pedagogical purpose" (p. 13).
>>
>> In her GSU decision, Judge Orinda Evans identifies the course reserves
>> program at issue as being nontransformative. If one accepts the argument in
>> the ACRL Code of Best Practices, though, the use described by Maureen is
>> transformative. Thus, the percentage standards mentioned by Jessica
>> wouldn't apply. For those who are interested, I wrote more about how the
>> GSU decision might apply to online media reserves programs for a blog I
>> edit for CCUMC here: https://ccumc.site-ym.com/page/GA_State_Decision.
>>
>> Andy
>>
>> On Tue, May 17, 2016 at 2:08 PM, Griest, Bryan 
>> wrote:
>>
>>> I can easily see an analysis of a series where a total run is “the
>>> work”—think of a season of “The Wire”, for example—and one could indeed
>>> make a logical case as showing one ep being “fair use.” I would be less
>>> likely to see an ep of something much more episodic like “AITF” in those
>>> terms, to be sure.
>>>
>>>

Re: [Videolib] streaming rights for TV series?

2016-05-17 Thread Andrew Horbal
 films,
> educational films and other types of AV there are likely millions of works
> that are simply not currently available for classroom streaming. A fairly
> large chunk may be available through commercial sites but an even bigger
> number are simply unavailable for streaming and many may either be out of
> print or never have been released on any format other than film. The
> reasons are various, rights disputes, lack or material or the expense of
> making good enough copies, cranky rights holders etc. Instructors simply
> have to look for legal options when material they want is not available to
> stream because bluntly there is no legal right to stream anything you want
> or need. If the titles is available via Netflix, Hulu, Amazon or similar I
> wonder if asking students to pay fo that is any different than having them
> by books for a class ( which I assume even online students do)
>
> I understand librarians want to help instructors get what they want but it
> is not always possible. Sometimes you just have to tell them to be
> creative and find either another legal method to view the material or
> substitute something they can get rights for.
>
> Jessica
>
>
>
> On Tue, May 17, 2016 at 11:28 AM, Griest, Bryan 
> wrote:
>
> I imagine our content providers are saying, "Even one episode (if shown in
> its entirety in this manner) violates copyright law."
>
>
> -Original Message-
> From: videolib-boun...@lists.berkeley.edu [mailto:
> videolib-boun...@lists.berkeley.edu] On Behalf Of Maureen Tripp
> Sent: Tuesday, May 17, 2016 7:32 AM
> To: Videolib@lists.berkeley.edu
> Subject: [Videolib] streaming rights for TV series?
>
> Would like some feedback on the following scenario:  The complete first
> season of All in the Family is part of the library's media collection.  A
> TV writing faculty member wants to show a single episode to students
> enrolled in an online course.  The faculty member would borrow the DVD from
> the  Library, take it to media/instructional services and ask that it be
> digitized and uploaded to an internal streaming service so that it could be
> streamed via a course management system.
>
> However, if this TV writing faculty member wants to stream more than one
> episode, then the fair use analysis would weigh against fair use, and they
> would need to seek streaming rights.
>
> And speaking of streaming rights for TV series, does anyone have any tips
> on how to proceed?
> Thank you, Collectively Wise Ones.
> Maureen
>
> 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.
>
>
>
>
>
> --
>
> Jessica Rosner
> Media Consultant
> 224-545-3897 (cell)
> 212-627-1785 (land line)
> jessicapros...@gmail.com
>
>
> VIDEOLIB is intended to encourage the broad and lively discussion of
> issues relating to the selection, evaluation, acquisition,bibliographic
> control, preservation, and use of current and evolving video formats in
> libraries and related institutions. It is hoped that the list will serve as
> an effective working tool for video librarians, as well as a channel of
> communication between libraries,educational institutions, and video
> producers and distributors.
>
>
>
> VIDEOLIB 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.
>
>


-- 
Andrew Horbal

Head of Learning Commons

1101 McKeldin Library

7649 Library Ln.

University of Maryland

College Park, MD 20742

(301) 405-9227

ahor...@umd.edu
VIDEOLIB is intended to encourage the broad and lively discussion of issues 
relating to the selection, evaluation, acquisition,bibliographic control, 
preservation, and use of current and evolving video formats in libraries and 
related institutions. It is hoped that the list will serve as an effective 
working tool for video librarians, as well as a channel of communication 
between libraries,educational institutions, and video producers and 
distributors.


Re: [Videolib] using short films for an online class

2016-04-05 Thread Andrew Horbal
Hi Monique,

A person's relationship to a university or lack thereof does not have any
bearing on a fair use analysis. Fair use is a defense that is available to
everyone, everywhere, so I would definitely encourage your patron to
consider whether their use qualifies!

On Tue, Apr 5, 2016 at 10:14 AM, Threatt, Monique Louise <
mthre...@indiana.edu> wrote:

> Hello Collective,
>
> A slightly different question.
>
> I have a patron, who is not associated with the university, who would like
> to use 5 seconds of a 60 minute film for a commercial project.
>
> Can that patron still use Fair Use guidelines?
>
> Best,
> Monique
>
>
> -Original Message-
> From: videolib-boun...@lists.berkeley.edu [mailto:
> videolib-boun...@lists.berkeley.edu] On Behalf Of Sarah E. McCleskey
> Sent: Tuesday, April 05, 2016 9:42 AM
> To: videolib@lists.berkeley.edu
> Subject: Re: [Videolib] using short films for an online class
>
> Hi Maureen,
>
> If it were up to me, since she would be using them in their entirety, I
> would try to secure rights. Have you checked to see if any are already
> available on YouTube or other internet streaming video sites? Sometimes for
> short films that is an option.
>
> This is just my opinion, so list, please don't flame me here!!
>
> If you cannot locate the rightsholder after a really thorough search
> (WorldCat, ImdbPro, Variety, Facebook (for filmmaker), LinkedIn, google
> search (for director's name, producer's name, and/or distributor) ... if
> all those come up blank, you could consider whether it might be fair use to
> stream the content, accessible only to the members of the class for the
> duration of the class.
>
> Sarah McC.
>
> -Original Message-
> From: videolib-boun...@lists.berkeley.edu [mailto:
> videolib-boun...@lists.berkeley.edu] On Behalf Of Maureen Tripp
> Sent: Tuesday, April 05, 2016 9:25 AM
> To: videolib@lists.berkeley.edu
> Subject: [Videolib] using short films for an online class
>
> A faculty member will be teaching an online class on the short film, and
> wants to use (obviously) a bunch of short films as part of the class.
> Meaning she wants to post them online.
> We have many of the films as part of DVD collections we've purchased--for
> example, Academy Award Nomanated Short Films, or Best of Resfest.
> It's my understanding that these films are complete works, and therefore
> can't be used in their entirety online.
> But it's proving very difficult to find out who owns the rights to all
> these films--is there any possibility that I'm wrong, and that, as portions
> of a collection, a case could be made that using them online is like using
> parts of a complete work?
> help me, collective wisdom . . .
> Maureen
>
> 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.
>



-- 
Andy Horbal

Head of Learning Commons

1101 McKeldin Library

7649 Library Ln.

University of Maryland

College Park, MD 20742

(301) 405-9227

ahor...@umd.edu
VIDEOLIB is intended to encourage the broad and lively discussion of issues 
relating to the selection, evaluation, acquisition,bibliographic control, 
preservation, and use of current and evolving video formats in libraries and 
related institutions. It is hoped that the list will serve as an effective 
working tool for video librarians, as well as a channel of communication 
between libraries,educational institutions, and video producers and 
distributors.


[Videolib] Brandon Butler on "Transformative Teaching and Educational Fair Use after Georgia State"

2016-01-28 Thread Andrew Horbal
Ahoy Videolib-ers!

Brandon Butler and the Georgia State case have both been discussed frequently 
on this listserv over the years, so I thought some of you may be interested in 
reading the former's Connecticut Law Review article on the latter! Here's a 
link:

http://brandonbutler.info/post/138172043035/transformative-teaching-and-educational-fair-use

Enjoy!

Andy Horbal
Head of Learning Commons
1101 McKeldin Library
7649 Library Ln.
University of Maryland
College Park, MD 20742
(301) 405-9227
ahor...@umd.edu

VIDEOLIB is intended to encourage the broad and lively discussion of issues 
relating to the selection, evaluation, acquisition,bibliographic control, 
preservation, and use of current and evolving video formats in libraries and 
related institutions. It is hoped that the list will serve as an effective 
working tool for video librarians, as well as a channel of communication 
between libraries,educational institutions, and video producers and 
distributors.


Re: [Videolib] websites with movie scripts

2016-01-26 Thread Andrew Horbal
Hi Sarah,

The "Disclaimer" page on the IMSDB website 
contains the text of 17 USC 107 (the fair use exemption) along with a note that 
says "[a]ll scripts on this site are educational purposes only," which I assume 
is the site's argument for how their use of copyrighted material qualifies as a 
fair use. Dailyscript.com's main page says simply "[t]hese are for Educational 
Purposes only." It seems probable to me that the authors of both sites are 
operating under the misapprehension that any "educational" use of copyrighted 
material is a fair use. Even if this was true, neither site has made a good 
argument for how their use qualifies as educational.

The NYFA link in question is from a blog authored by someone named Jack Picone. 
According to his LinkedIn page, he is 
an "award-winning writer" and stand-up comedian who also appears to sidelight 
as the NYFA's Director of Affairs. I would not feel comfortable assuming that 
the fact the he links to these script websites means that he has vetted their 
compliance with copyright law.

If I was in your shoes, I probably would not link to these websites on a 
library resource without first obtaining more information about whether or not 
the use of whatever individual script I was interested in was authorized. But, 
as they say, YMMV!

Andy Horbal
Head of Learning Commons
1101 McKeldin Library
7649 Library Ln.
University of Maryland
College Park, MD 20742
(301) 405-9227
ahor...@umd.edu


From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Sarah E. McCleskey
Sent: Tuesday, January 26, 2016 1:14 PM
To: videolib@lists.berkeley.edu
Subject: [Videolib] websites with movie scripts

Hi all,

I have a professor who wants to make PDFs from websites with movie scripts. An 
example is Kramer vs. Kramer at 
http://www.imsdb.com/scripts/Kramer-vs-Kramer.html. She also has a PDF of 
Scarface that she got somewhere, I think from this website 
http://www.dailyscript.com/index.html. She was telling me that Daily Script 
must be legit because the web page for the New York Film Academy 
(https://www.nyfa.edu/student-resources/10-great-websites-download-movie-scripts/)
 links to it...

Am I being overly cautious? I am not going to post a PDF ripped from a sketchy 
site ... but I am even hesitant to link to these sites. Advice??

Sarah

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] Fair Use Citation Question

2015-11-23 Thread Andrew Horbal
Hi Jodie,

Jessica may be right that the author of your guideline appears to be conflating 
two different sections of copyright law, 17 USC 107, fair use, and 17 USC 108, 
which covers exceptions to copyright for libraries and archives, including the 
right to make copies under certain circumstances. Here are links to the 
statutes:

107: http://www.copyright.gov/title17/92chap1.html#107
108: http://www.copyright.gov/title17/92chap1.html#108

Hope that helps!

Andy Horbal
Head of Learning Commons
1101 McKeldin Library
7649 Library Ln.
University of Maryland
College Park, MD 20742
(301) 405-9227
ahor...@umd.edu



-Original Message-
From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of 
jborgerdin...@webster.edu
Sent: Monday, November 23, 2015 5:28 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Fair Use Citation Question

Right, but I'm looking for the acutal section or part of the copyright code 
that spells this out. I need that for proof to show that the current wording of 
the statement is murkey. I'm sorry I wasn't clear earlier. I was trying to rush 
that email out as I was walking out the door. :)

Jodie

  Quoting "Jessica Rosner" :

> You  are confusing different parts or copyright law. There is a 
> section involving REPLACING copies of previously purchased copies in 
> formats that are allegedly obsolete. There is no legal right to 
> transfer a copy from PAL to NTSC because a copy has not been made on NTSC for 
> the American market..
> However you CAN use the PAL copy on a multi-system player which is 
> easily available and avoids any issue of making an illegal copy.
>
> Jessica
>
>
>
>
> On Mon, Nov 23, 2015 at 5:04 PM, Jodie Borgerding 
> > wrote:
>
>> Happy Monday,
>>
>>
>>
>> I am trying to locate the actual code from the Copyright Office for a 
>> citation so I can figure out if this statement is true or false, or 
>> somewhere in between. Since this statement didn?t have a source, I?m 
>> trying with no success tracking down the relevant code to verify the 
>> accuracy of this.
>>
>> SCENARIO: An instructor requests a copy of a library-owned video in a 
>> format that will play on University classroom equipment in Europe or 
>> Asia, such as PAL format.
>>
>> GUIDELINE: This would be a fair use if a copy in the needed format 
>> cannot be purchased at a reasonable market price.  The library may 
>> make one copy of the media and place the original in storage until 
>> the copy is returned and destroyed.
>>
>> Thanks!
>>
>>
>>
>> Jodie
>>
>>
>>
>> 
>>
>>
>>
>> Jodie Borgerding, MLS
>>
>> Instruction and Liaison Librarian
>>
>> Missouri Library Association President-Elect
>>
>> Webster University Library
>>
>> 470 E. Lockwood
>>
>> St. Louis, MO  63119
>>
>> (314) 246-7819
>>
>> jborgerdin...@webster.edu
>>
>> http://library.webster.edu
>>
>> http://molib.org
>>
>>
>>
>> VIDEOLIB is intended to encourage the broad and lively discussion of 
>> issues relating to the selection, evaluation, 
>> acquisition,bibliographic control, preservation, and use of current 
>> and evolving video formats in libraries and related institutions. It 
>> is hoped that the list will serve as an effective working tool for 
>> video librarians, as well as a channel of communication between 
>> libraries,educational institutions, and video producers and distributors.
>>
>>
>
>
> --
> Jessica Rosner
> Media Consultant
> 224-545-3897 (cell)
> 212-627-1785 (land line)
> jessicapros...@gmail.com
>



VIDEOLIB is intended to encourage the broad and lively discussion of issues 
relating to the selection, evaluation, acquisition,bibliographic control, 
preservation, and use of current and evolving video formats in libraries and 
related institutions. It is hoped that the list will serve as an effective 
working tool for video librarians, as well as a channel of communication 
between libraries,educational institutions, and video producers and 
distributors.

VIDEOLIB 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] IRDL call for applications

2015-11-02 Thread Andrew Horbal
Dear Videolib-ers,



I am very pleased to pass along a call for applications from the Institute for 
Research Design in Librarianship. I was accepted into last year's IRDL with a 
proposal about faculty use of and preferences for educational streaming video 
resources. I learned more about designing and executing a research project in 
the two weeks I spent in LA than I had previously in four years as a 
professional librarian and two years of library school. Definitely please feel 
free to email me off list if you have any questions about IRDL and/or if you 
need any help preparing an application!



Apologies for cross-posting!



Andy Horbal
Head of Learning Commons
1101 McKeldin Library
7649 Library Ln.
University of Maryland
College Park, MD 20742
(301) 405-9227
ahor...@umd.edu



* * *



"IRDL not only set me on the path to producing and properly documenting 
original research, but it set me up with a network of like-minded Librarians 
who will help me achieve my goals." - 2014 IRDL Scholar



We are issuing a call for applications for the Institute for Research Design in 
Librarianship (IRDL) 2016. We are seeking novice librarian researchers who are 
employed by academic libraries or research libraries outside an academic 
setting in the United States to participate in the Institute. Novice 
researchers typically may have conducted research but have not yet had a 
peer-reviewed article published as the primary author or had an individual 
presentation accepted by a peer-reviewed conference. We define "novice" 
broadly; if you feel that you would benefit from being guided throughout the 
entire research design process, we encourage your application. Librarians of 
all levels of professional experience are welcome to apply.



The third workshop will be held on June 6-16, 2016, with arrival on campus on 
Sunday, June 5, and departure on Friday, June 17.



The William H. Hannon Library has received a three-year grant from the 
Institute for Museum and Library Services (IMLS) to offer this continuing 
education opportunity for academic and research librarians. Each year 21 
librarians will receive, at no cost to them, instruction in research design and 
a full year of peer/mentor support to complete a research project at their home 
institutions; the learning experience, travel to and from Los Angeles, CA, 
accommodations, and food will be supplied to Scholars free of charge. The 
summer IRDL workshop is supplemented with pre-Institute learning activities and 
a peer learning network that provides ongoing support. The workshop will be 
held on the campus of Loyola Marymount University in Los Angeles, California. 
For more information about the project, including the project partners, the San 
José State University School of Information and the Statewide California 
Electronic Library Consortium (SCELC), please see the project website:  
http://irdlonline.org.



We seek librarians with a passion for research and a desire to improve their 
research skills. IRDL is designed to bring together all that the literature 
tells us about the necessary conditions for librarians to conduct valid and 
reliable research in an institutional setting. The cohort will be chosen from a 
selective submission process, with an emphasis on enthusiasm for research and 
diversity from a variety of perspectives, including ethnicity and type and size 
of library.



Selection criteria:



  *   Commitment to the year-long process of communicating with other 
participants and conducting the proposed study within the 2016-2017 academic 
year;

  *Significance of the research problem to the operational success of the 
applicant's library or to the profession of librarianship;

  *Thoughtfulness, thoroughness, and clarity of the research proposal;

  *   Enthusiasm for research and a desire to learn.

We will be accepting applications from December 1, 2015 to February 1, 2016.



Scholars accepted to the Institute will be notified in early April, 2016.



Please contact Project Directors with any questions about the Institute or the 
application process: Kristine Brancolini, Dean of the Library, Loyola Marymount 
University (branc...@lmu.edu) Marie Kennedy, Serials & 
Electronic Resources Librarian, Loyola Marymount University 
(marie.kenn...@lmu.edu)

VIDEOLIB is intended to encourage the broad and lively discussion of issues 
relating to the selection, evaluation, acquisition,bibliographic control, 
preservation, and use of current and evolving video formats in libraries and 
related institutions. It is hoped that the list will serve as an effective 
working tool for video librarians, as well as a channel of communication 
between libraries,educational institutions, and video producers and 
distributors.


Re: [Videolib] New 1201 exemptions

2015-10-28 Thread 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 
mailto:rba...@emich.edu>> 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" 
mailto:sarah.e.mccles...@hofstra.edu>>
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

2015-10-28 Thread 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" mailto:mosh...@uiwtx.edu>>
Date: October 28, 2015 1:13:40 PM CDT
To: "videolib@lists.berkeley.edu" 
mailto: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 

[Videolib] FW: [copyrightx-alumni] CopyrightX 2016 application is now Live

2015-10-19 Thread Andrew Horbal
Hi Videolib-ers,
Please find below a call for applications for this year’s CopyrightX course 
from Harvard Law School and the Berkman Center for Internet & Society. Next to 
law school, this is, for my money, the single best way to learn more about 
copyright, a very popular subject on this listserv! And it’s completely free! 
Please feel free to email me off list at 
ahor...@umd.edu  if you have any questions about the 
time commitment, level of difficulty, etc.—I completed the course last year, 
and would be happy to tell you about my experience.
Andy Horbal
Media Resources Librarian
0300 Hornbake Library
University of Maryland
College Park, MD 20742
(301) 405-9227
ahor...@umd.edu


__
The application for the CopyrightX online sections will be open from Oct. 19 - 
Dec. 15. See CopyrightX:Sections for details.

CopyrightX is a networked course that explores the current 
law of copyright; the impact of that law on art, entertainment, and industry; 
and the ongoing debates concerning how the law should be reformed. Through a 
combination of recorded lectures, assigned 
readings, weekly 
seminars, live interactive webcasts, and online 
discussions, participants in the course examine and assess the ways in which 
the copyright system seeks to stimulate and regulate creative expression.

In 2013, HarvardX, Harvard Law School, and the Berkman Center for Internet & 
Society launched an experiment in distance education: CopyrightX, the first 
free and open distance learning course on law. After three successful 
offerings, CopyrightX is an experiment no longer. Under the leadership of 
Professor William Fisher, who created and directs the 
course, CopyrightX will be offered for a fourth time from January to May 2016.

Three types of courses make up the CopyrightX Community:
•a residential course on 
Copyright Law, taught by Prof. Fisher to approximately 100 Harvard Law School 
students;
•an online course divided into sections of 25 
students, each section taught by a Harvard Teaching Fellow;
•a set of affiliated courses based in 
countries other than the United States, each taught by an expert in copyright 
law.

Participation in the 2016 online sections is free and is open to anyone at 
least 13 years of age, but enrollment is limited. Admission to the online 
sections will be administered through an open application process that begins 
on October 19, 2015, and ends on December 15, 2015. We welcome applicants from 
all countries, as well as lawyers and non-lawyers alike. To request an 
application, visit http://brk.mn/applycx16. For more details, see 
CopyrightX:Sections. (The criteria for admission to 
each of the affiliated courses are set by the course’s instructor. Students who 
will enroll in the affiliated courses may not apply to the online sections.)

We encourage widespread promotion of the application through personal and 
professional networks and social media. Feel free to circulate:
•this blog post
•the application page
•The Berkman Center’s 
Tweet
--
You are subscribed to the CopyrightX alumni mailing list.

Mailing list options: http://cyber.law.harvard.edu/lists/info/copyrightx-alumniVIDEOLIB 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] Need help testing an interview guide

2015-10-02 Thread Andrew Horbal
Dear Videolib-ers,

I am researching faculty use of and preferences for educational streaming video 
resources. For this project, I am going to conduct in-depth interviews (IDIs) 
with 20-24 instructors my institution (the University of Maryland) who use the 
educational streaming video resources we subscribe to. Before I submit anything 
to our IRB, I would like to test my interview guide, for which I need your 
help! If you know a professor who uses Films on Demand or an Alexander Street 
Press database extensively for teaching or research, and you would be willing 
to pretend to be that person for approximately 30 minutes so that I can 
"interview" you (probably via Google Hangouts or Skype), please let me know 
off-list by emailing me at ahor...@umd.edu! I'm mainly 
looking for feedback on the sequencing and phrasing of my questions, so 1-2 
mock interviews should give me all the feedback I need.

Thanks for considering!

Andy Horbal
Head of Learning Commons
1101 McKeldin Library
7649 Library Ln.
University of Maryland
College Park, MD 20742
(301) 405-9227
ahor...@umd.edu

VIDEOLIB is intended to encourage the broad and lively discussion of issues 
relating to the selection, evaluation, acquisition,bibliographic control, 
preservation, and use of current and evolving video formats in libraries and 
related institutions. It is hoped that the list will serve as an effective 
working tool for video librarians, as well as a channel of communication 
between libraries,educational institutions, and video producers and 
distributors.


[Videolib] Symptom Media

2015-08-31 Thread Andrew Horbal
Dear Videolib-ers,

On behalf of a colleague at another institution, I am looking for information 
about a streaming video resource called Symptom 
Media, which appears to only have been 
mentioned on this listserv once before (in a post about programming at Kanopy's 
stand at ALA Annual 2014). Please let me know (on- or off-list) if you are 
familiar with this resource and are willing to tell me what you think about it!

Thanks!

Sincerely,

Andy Horbal
Head of Learning Commons
1101 McKeldin Library
7649 Library Ln.
University of Maryland
College Park, MD 20742
(301) 405-9227
ahor...@umd.edu

VIDEOLIB is intended to encourage the broad and lively discussion of issues 
relating to the selection, evaluation, acquisition,bibliographic control, 
preservation, and use of current and evolving video formats in libraries and 
related institutions. It is hoped that the list will serve as an effective 
working tool for video librarians, as well as a channel of communication 
between libraries,educational institutions, and video producers and 
distributors.


[Videolib] FW: [MdHCC] AV Conference in Baltimore - September 25

2015-07-02 Thread Andrew Horbal
Hi Videolib-ers,

Those of you in the Baltimore/DC area may be interested in the conference 
below. Apologies for any cross-postings!

Andy Horbal
Head of Learning Commons
1101 McKeldin Library
University of Maryland
College Park, MD 20742
(301) 405-9227
ahor...@umd.edu


From: md...@googlegroups.com 
[mailto:md...@googlegroups.com] On Behalf Of Siobhan C. Hagan
Sent: Wednesday, July 01, 2015 12:31 PM
To: md...@googlegroups.com
Subject: [MdHCC] AV Conference in Baltimore - September 25

Good afternoon,
Registration has opened for a one-day conference held at the University of 
Baltimore on September 25, 2015: Digital Maryland AV: Making the Overwhelming 
Possible. This conference will provide information about what is needed to 
successfully preserve, convert and serve your archival audio-visual holdings. 
If you have a stack of tapes sitting in your stacks and have been avoiding them 
because you don’t even know where to begin, then this conference is for you.



This program is made possible with funding by the Institute of Museum and 
Library Services, through the Maryland State Department of Education, Division 
of Library and Development Services and partnership with Digital Maryland, 
Maryland Library Consortium and The University of Baltimore.


 For more information and registration: 
http://www.digitalmaryland.org/conference/

Thank you, and I hope to see you there!


--
Siobhan C. Hagan
Audiovisual Archivist
University of Baltimore
Langsdale Library Special Collections
--
You received this message because you are subscribed to the Google Groups 
"Maryland History and Culture Collaborative" group.
To unsubscribe from this group and stop receiving emails from it, send an email 
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To view this discussion on the web visit 
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For more options, visit https://groups.google.com/d/optout.
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] Roku circulation

2015-07-01 Thread Andrew Horbal
Hi Maxwell,

First sale only applies to *sales* of films, which is less obvious a statement 
than it seems, since Vudu’s terms of 
service state the following:

“In order to access and use the VUDU Service, you must open an account online 
[…] When you purchase Content, you will be granted a non-exclusive, 
non-transferable limited license to access, use in accordance with any 
additional terms that may be provided with your VUDU compatible device, and 
view the Content as often as you like subject to the applicable restrictions 
described below.”

So everyone has to open their own account to use Vudu, and purchasing content 
doesn’t actually appear to convey ownership of it, which would mean that first 
sale is out as a consideration. Furthermore, the license to access content from 
Vudu that users purchase is non-transferable, which seems to me (disclaimer: 
this is only an opinion which should not be construed as legal advice) to mean 
that a library can’t either purchase material from Vudu and lend it to its 
users, or let users purchase material and bill it to a library account, unless, 
of course, they’ve obtained permission from Vudu.

To respond to Randy’s comment below, I would be concerned that even if Vudu is 
okay with this, the people who are providing content to them might not be, and 
thus would not assume that just because I haven’t been told to cease and desist 
yet doesn’t mean I won’t be in the future.

Andy Horbal
Head of Learning Commons
1101 McKeldin Library
University of Maryland
College Park, MD 20742
(301) 405-9227
ahor...@umd.edu


From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Randy Pitman
Sent: Wednesday, July 01, 2015 5:34 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Roku circulation

Hi Maxwell,

Several libraries are doing this, and I can’t imagine this approach 
spontaneously springing up in different places. I’m guessing Roku is ok with 
this (and that OverDrive might be involved). And that’s about as much vague and 
possibly misinformed information that I know : )

Best,

Randy

Randy Pitman
Publisher/Editor
Video Librarian
3435 NE Nine Boulder Dr.
Poulsbo, WA 98370
Tel: (360) 626-1259
Fax (360) 626-1260
E-mail: vid...@videolibrarian.com
Web: www.videolibrarian.com

From: Maxwell Wolkin
Sent: Wednesday, July 01, 2015 1:29 PM
To: videolib@lists.berkeley.edu
Subject: [Videolib] Roku circulation

Hi all,

I noticed an article in a nearby public library's monthly newspaper (I won't 
mention which one) with the headline "Roku: A new way to borrow movies." The 
idea is to circulate Roku sticks that have access to a Vudu account 
(transactional digital video service similar to purchasing a movie from iTunes) 
maintained by the library. I'm sure the Vudu service allows for personal use 
only, but is this allowable under some sort of right-of-first-sale? Curious to 
hear your thoughts!

Best,
Maxwell

   Maxwell Wolkin
   Director of Non-Theatrical Sales
   FILM MOVEMENT
   109 West 27th Street Suite 9B
   New York, NY 10001
   P: 212.941.7744 x211
   Direct: 212.941.7647


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] Question about Scene Selections etc

2015-06-18 Thread Andrew Horbal
Hi Jonathan,

I personally find chapter stops/scene selections to be highly useful for film 
criticism and film studies, as they make it much easier to navigate directly to 
the scene I'm interested in writing about. My notes always include both a 
timestamp and a chapter notation when one is available, and it's frustrating to 
work with a DVD which does not include chapter stops/scene selections.

Andy Horbal
Head of Learning Commons
1101 McKeldin Library
University of Maryland
College Park, MD 20742
(301) 405-9227
ahor...@umd.edu

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jonathan Miller
Sent: Thursday, June 18, 2015 3:36 PM
To: videolib@lists.berkeley.edu
Subject: [Videolib] Question about Scene Selections etc

Dear Video People

How useful do you and your colleagues find the chapter stops / scene selections 
that we (and I presume most other distributors) add to the DVDs that we 
release?  Are they really used?

Curious

Thanks!

Jonathan




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

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

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

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] Have permission to copy VHS series to DVD--but cannot locate a copy-able tape!

2015-05-20 Thread Andrew Horbal
Hi everybody,

As always, I am not a lawyer, so this should not be construed as constituting 
legal advice! That said, 17 U.S. Code § 
1201(a)(3)(A) defines 
“circumvent a technological measure” as meaning “to descramble a scrambled 
work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove, 
deactivate, or impair a technological measure, without the authority of the 
copyright owner,” [my emphasis, natch] so it seems pretty clear to me that if 
you have permission from the copyright holder, you aren’t actually 
circumventing the copy protection as defined by the DMCA.

Andy Horbal
Head of Learning Commons
1101 McKeldin Library
University of Maryland
College Park, MD 20742
(301) 405-9227
ahor...@umd.edu



From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner
Sent: Wednesday, May 20, 2015 10:28 AM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Have permission to copy VHS series to DVD--but cannot 
locate a copy-able tape!

I was thinking the  same thing Sarah but in this case it would not help since 
she needs an entire work but again since she has permission of rights holder 
not really an issue.

Jessica

On Wed, May 20, 2015 at 9:18 AM, Sarah E. McCleskey 
mailto:sarah.e.mccles...@hofstra.edu>> wrote:
Hi Kathy,

IMHO, that’s really just not true. There are exceptions, for example, when 
breaking encryption is perfectly acceptable.

See http://www.loc.gov/today/pr/2010/10-169.html Those may not be the most up 
to date exceptions as the Librarian of Congress has to issue them again every 3 
years. But you get the point.

Those exemptions specifically refer to DVDs, but goes to show that the blanket 
statement that overriding any type of protection is a violation of the DMCA is 
too broad. There are always exceptions.

Additionally, the actual text of Section 1201 states “(c) Other Rights, Etc., 
Not Affected.—(1) Nothing in this section shall affect rights, remedies, 
limitations, or defenses to copyright infringement, including fair use, under 
this title.” (https://www.law.cornell.edu/uscode/text/17/1201)

And the thing is, you have permission from the copyright holder. I think that 
trumps anything in the DMCA.

Sarah



From: 
videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu]
 On Behalf Of Kathy Edwards
Sent: Tuesday, May 19, 2015 1:40 PM

To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Have permission to copy VHS series to DVD--but cannot 
locate a copy-able tape!

Good question.
The direct quote from Head of Digital Scholarship is “Overriding any type of 
copyright protection is a violation of the Digital Millennium Copyright Act, 
even if doing so is not an infringement of copyright.”

From: 
videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Sarah E. McCleskey
Sent: Tuesday, May 19, 2015 11:46 AM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Have permission to copy VHS series to DVD--but cannot 
locate a copy-able tape!

I don’t understand why overriding the copy protection would be illegal when you 
have permission from the copyright holder???

Sarah


Sarah E. McCleskey
Head of Access Services, Film and Media
112 Axinn Library
123 Hofstra University
Hempstead, NY 11549
516-463-5076
sarah.e.mccles...@hofstra.edu



From: 
videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Kathy Edwards
Sent: Tuesday, May 19, 2015 11:05 AM
To: Videolib@lists.berkeley.edu
Subject: [Videolib] Have permission to copy VHS series to DVD--but cannot 
locate a copy-able tape!

Here’s our quandary:
Our university library owns the series Nature Perfected: The Story of the 
Garden, made in 1995. It’s a six-volume set on VHS and not available on DVD or 
in any other format, to the best of my knowledge.

Two of our landscape architecture profs want to continue using these tapes, but 
the tapes are wearing out. We sought and received permission from the copyright 
owner, William Howard Adams, to transfer the content to DVD. He even asked us 
to send him copies on DVD, since he only owned his own series on videotape.

Conversion went well for five of the six tapes, but volume 2 was already too 
worn and stretched—the DVD was useless, as it the tape.

We purchased a replacement for the VHS of volume 2 only to discover that the 
tape is copy-protected—cannot be copied to DVD on any machine we own. There is 
a lab on campus that may be able to bypass the copy protection, but our Digital 
Scholarship librarian says “No—overriding the protection is

Re: [Videolib] U.S. Copyright Office Fair Use Index

2015-04-29 Thread Andrew Horbal
Hi Jessica,

Although Israel and Singapore are the only two countries I’m aware of which 
have fair use provisions per se, almost every country with a copyright law has 
a *counterpart* to fair use which describes situations in which it is 
appropriate to use copyrighted works without the express permission of the 
rights holder. The EU and China employ what Terry Fischer, the teacher of the 
copyright course I’m currently taking online through Harvard Law School, calls 
the “enumerated permissible uses” approach whereby they list exceptions to 
copyright; the U.K., Canada, Australia, New Zealand, and Taiwan employ a 
“hybrid approach” which combines enumerated categories with a list of factors 
for judges to consider; Taiwan basically just uses the U.S.’s four fair use 
factors. The point of including fair use in a trade agreement is to try to 
harmonize these different approaches. Australia, the U.S., Singapore, Canada, 
and New Zealand are all participants in the TPP negotiations.

Andy

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner
Sent: Wednesday, April 29, 2015 2:28 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] U.S. Copyright Office Fair Use Index

Thanks but I confess I am a little lost by this. "Fair Use" is largely an 
American legal concept and while I think the UK and Canada have adopted some 
version of it it does not really exist as far as I know anywhere else so 
bringing it up in a trade agreement seems odd at best.

However the MPAA is always clueless on these things so no surprise there.

On Wed, Apr 29, 2015 at 2:20 PM, Kathleen DeLaurenti 
mailto:kathleendelaure...@gmail.com>> wrote:
Here's a round-up of the information on Wikileaks:
https://www.techdirt.com/articles/20150416/17252230680/chris-dodds-email-reveals-what-mpaa-really-thinks-fair-use-extremely-controversal.shtml
Kathleen DeLaurenti
Arts Librarian
College of William & Mary

On Wed, Apr 29, 2015 at 12:21 PM, Jessica Rosner 
mailto:maddux2...@gmail.com>> wrote:
There would be a discussion of "Fair Use" in the Sony emails? Odd would be 
interested too .

On Wed, Apr 29, 2015 at 9:09 AM, Laura Jenemann 
mailto:ljene...@gmu.edu>> wrote:
Andy (and list),

Thank you!  Relatedly, I’ve been trying to search “fair 
use<https://search.wikileaks.org/advanced?q=%22fair+use%22&exclude_words=&words_title_only=&words_content_only=&publication_type%5b%5d=26&sort=0#results>”
 in the Sony section of wikileaks, too, to get more info on the Sony 
perspective.  If anyone else has findings related to this, please share.

Regards,
Laura

Laura Jenemann
Media, Film Studies, and Dance Librarian
George Mason University
703-993-7593
ljene...@gmu.edu<mailto:ljene...@gmu.edu>

From: 
videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu> 
[mailto:videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu>]
 On Behalf Of Andrew Horbal
Sent: Tuesday, April 28, 2015 4:44 PM
To: 'videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu>'
Subject: [Videolib] U.S. Copyright Office Fair Use Index

In a case of excellent timing, the U.S. Copyright office announced the launch 
of a Fair Use Index mere hours after I sent the e-mail below! Quoting from 
their press release, it is intended to provide “a helpful starting point for 
those wishing to better understand how the federal courts have applied the fair 
use doctrine to particular categories of works or types of use, for example, 
music, internet/digitization, or parody” in order “to make the principles and 
application of fair use more accessible and understandable to the public.” 
Here’s a direct link:

http://copyright.gov/fair-use/index.html

The index is searchable by court and subject matter. Great stuff!

Andy

From: 
videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu> 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Andrew Horbal
Sent: Tuesday, April 28, 2015 2:04 PM
To: 'videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu>'
Subject: Re: [Videolib] faculty use of VHS converter

Hi Jennifer,

The rights and obligations available under 17 USC §108 extend only to 
library/archive-owned copies of works, and thus do not provide any protection 
or guidance to your patron, even though what they want to do is arguably 
analogous to the kind of uses a library or archive is entitled to engage in 
under § 108. § 108(f)(1) does, however, excuse your library from liability for 
the “the unsupervised use of reproducing equipment located on [your] premises” 
provided “such equipment displays a notice that the making of a copy may be 
subject to the copyright law.” Departments I’ve worked for in the past have 
interpreted this to mean that as long as you post a copyright notice on your 
converter, you can allow

[Videolib] U.S. Copyright Office Fair Use Index

2015-04-28 Thread Andrew Horbal
In a case of excellent timing, the U.S. Copyright office announced the launch 
of a Fair Use Index mere hours after I sent the e-mail below! Quoting from 
their press release, it is intended to provide "a helpful starting point for 
those wishing to better understand how the federal courts have applied the fair 
use doctrine to particular categories of works or types of use, for example, 
music, internet/digitization, or parody" in order "to make the principles and 
application of fair use more accessible and understandable to the public." 
Here's a direct link:

http://copyright.gov/fair-use/index.html

The index is searchable by court and subject matter. Great stuff!

Andy

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Andrew Horbal
Sent: Tuesday, April 28, 2015 2:04 PM
To: 'videolib@lists.berkeley.edu'
Subject: Re: [Videolib] faculty use of VHS converter

Hi Jennifer,

The rights and obligations available under 17 USC §108 extend only to 
library/archive-owned copies of works, and thus do not provide any protection 
or guidance to your patron, even though what they want to do is arguably 
analogous to the kind of uses a library or archive is entitled to engage in 
under § 108. § 108(f)(1) does, however, excuse your library from liability for 
the "the unsupervised use of reproducing equipment located on [your] premises" 
provided "such equipment displays a notice that the making of a copy may be 
subject to the copyright law." Departments I've worked for in the past have 
interpreted this to mean that as long as you post a copyright notice on your 
converter, you can allow your patron to use it for whatever fair use (this 
would presumably be the grounds on which they'd argue that their reproduction 
is allowable-I'm not aware of any other exemptions which cover this kind of 
activity) they want.

Not being a lawyer, I have always refrained from offering counsel as to what 
may or may not constitute a fair use-in situations like this I generally point 
the person to the text  of 17 USC § 
107<https://www.law.cornell.edu/uscode/text/17/107>,  the Center for Media & 
Social Impact's Codes of Best Practices in Fair 
Use<http://www.cmsimpact.org/fair-use/best-practices>, and advise them to 
contact an IP lawyer if they have additional questions or want to be sure that 
what they're doing is okay.

Hope that helps!

Andy Horbal
Head of Learning Commons
1101 McKeldin Library
University of Maryland
College Park, MD 20742
(301) 405-9227
ahor...@umd.edu<mailto:ahor...@umd.edu>

From: 
videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu> 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jennifer DeJonghe
Sent: Tuesday, April 28, 2015 9:30 AM
To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu>
Subject: [Videolib] faculty use of VHS converter

Hello,
I've searched the archives and have not found this exact scenario discussed..

My library has a VHS to DVD converter machine. I understand what we as a 
library are allowed to do under section 108 with tapes we own and store on 
site. But what about when faculty approach us and want to convert a VHS tape 
that they personally own, and that is unavailable for purchase in another 
format?  In other words, I have a faculty member who owns a deteriorating VHS 
tape. It is unavailable to purchase as streaming or DVD, and we have been 
unable to contact the rights holder. Can we allow this instructor to make their 
own personal DVD copy of that VHS tape using our converter? What laws do or 
don't apply since we are not doing this as a "library" nor would the media be 
stored here?

If this is allowable, do any of you make your DVD to VHS converters available 
to others outside of the library? (Faculty, etc) If so, do you post a copyright 
warning or have them sign a form stating that there are no formats available?

Thanks,
Jennifer

Jennifer DeJonghe
Reference Librarian and Associate Professor
Library and Information Services
Metropolitan State University
St. Paul, MN

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] faculty use of VHS converter

2015-04-28 Thread Andrew Horbal
Hi Jennifer,

The rights and obligations available under 17 USC §108 extend only to 
library/archive-owned copies of works, and thus do not provide any protection 
or guidance to your patron, even though what they want to do is arguably 
analogous to the kind of uses a library or archive is entitled to engage in 
under § 108. § 108(f)(1) does, however, excuse your library from liability for 
the "the unsupervised use of reproducing equipment located on [your] premises" 
provided "such equipment displays a notice that the making of a copy may be 
subject to the copyright law." Departments I've worked for in the past have 
interpreted this to mean that as long as you post a copyright notice on your 
converter, you can allow your patron to use it for whatever fair use (this 
would presumably be the grounds on which they'd argue that their reproduction 
is allowable-I'm not aware of any other exemptions which cover this kind of 
activity) they want.

Not being a lawyer, I have always refrained from offering counsel as to what 
may or may not constitute a fair use-in situations like this I generally point 
the person to the text  of 17 USC § 
107,  the Center for Media & 
Social Impact's Codes of Best Practices in Fair 
Use, and advise them to 
contact an IP lawyer if they have additional questions or want to be sure that 
what they're doing is okay.

Hope that helps!

Andy Horbal
Head of Learning Commons
1101 McKeldin Library
University of Maryland
College Park, MD 20742
(301) 405-9227
ahor...@umd.edu

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jennifer DeJonghe
Sent: Tuesday, April 28, 2015 9:30 AM
To: videolib@lists.berkeley.edu
Subject: [Videolib] faculty use of VHS converter

Hello,
I've searched the archives and have not found this exact scenario discussed..

My library has a VHS to DVD converter machine. I understand what we as a 
library are allowed to do under section 108 with tapes we own and store on 
site. But what about when faculty approach us and want to convert a VHS tape 
that they personally own, and that is unavailable for purchase in another 
format?  In other words, I have a faculty member who owns a deteriorating VHS 
tape. It is unavailable to purchase as streaming or DVD, and we have been 
unable to contact the rights holder. Can we allow this instructor to make their 
own personal DVD copy of that VHS tape using our converter? What laws do or 
don't apply since we are not doing this as a "library" nor would the media be 
stored here?

If this is allowable, do any of you make your DVD to VHS converters available 
to others outside of the library? (Faculty, etc) If so, do you post a copyright 
warning or have them sign a form stating that there are no formats available?

Thanks,
Jennifer

Jennifer DeJonghe
Reference Librarian and Associate Professor
Library and Information Services
Metropolitan State University
St. Paul, MN

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] Help finding info

2014-12-04 Thread Andrew Horbal
Hi Merle,

I recently conducted a literature review which included articles on the 
evolution of educational pricing. Everything I found on that topic is included 
on the attached Word file!

Andy Horbal
Media Resources Librarian
0300 Hornbake Library
University of Maryland
College Park, MD 20742
(301) 405-9227
ahor...@umd.edu


From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Merle J. Slyhoff
Sent: Thursday, December 04, 2014 3:47 PM
To: videolib@lists.berkeley.edu
Subject: [Videolib] Help finding info

A faculty member has asked me to locate articles speaking directly to the high 
cost of educational pricing of documentaries. I've been doing searches and have 
come up with nothing, which I find hard to believe. Does anyone in 
videolib-land know of any articles? Can you direct me to a good source or the 
magic keywords to sue? Thanks for your help.

Merle

***
Merle J. Slyhoff V: 215-898-9013
Collection Development &  F: 215-898-6619
Resource Sharing  LibrarianE: 
mslyh...@law.upenn.edu
Biddle Law Library
University of Pennsylvania
3460 Chestnut Street
Philadelphia, PA 19104-3406
Hi. A faculty mem


Educational Media Pricing Lit Review - A. Horbal.docx
Description: Educational Media Pricing Lit Review - A. Horbal.docx
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] Libraries that stream their own titles (Carla Myers)

2014-09-30 Thread Andrew Horbal
Hi Scott,

It would be interesting to attempt a comprehensive survey of the people 
responsible for classroom management at a set of institutions (the membership 
of CCUMC, maybe?) about how long they think it will be before they no longer 
support the use of physical media. I'd be happy to work on something like this 
if you'd like to pursue it further!

Andy

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of scott spicer
Sent: Tuesday, September 30, 2014 5:02 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Libraries that stream their own titles (Carla Myers)

While I enjoy the back and forth on streaming fair use interpretation (and by 
all means please continue), I would also be interested in shifting the 
discussion somewhat to the future of educational media/independent film 
distribution.

This is more of a pragmatic than legal interpretation issue.  Just a 
provocation here...

Like many campuses, I suspect, we are likely looking at a 1 to 3 year window (5 
tops) before we are facing an issue of essentially institutional obsolescence.  
What is institutional obsolescence?  I define it as the point at which 
standalone VHS/DVD players are no longer available or supported in most campus 
classrooms (regardless of whether "the machine or device necessary to render 
perceptible a work stored in that format is no longer manufactured or is no 
longer reasonably available in the commercial marketplace," (Sec. 108c(2)) - 
though VHS is can't be too far away despite arguments to the contrary).
I used to think that the transition from VHS to DVD acquisitions bought us some 
time.  However, with players being proactively pulled from classrooms upon 
remodel or replacement refresh, and a high likelihood that laptops will soon no 
longer come with built-in DVD players (try buying any Macbook with one 
built-in, I've bought 2 in the last nine months - not possible), I am starting 
to think that all physical formats will be institutionally obsolete at the same 
dreaded time.  With a campus our size (3 sub-campuses in one location, ~50k 
students) it is simply not feasible for the Libraries to get into the classroom 
management business nor are we going to start checking out players 
(realistically, what instructor is gonna be shlepping around VCR's/DVD 
players/Thunderbolt peripherals?).  Sure a very few media intensive departments 
may decide to start supporting their own classrooms with a few players, but I 
am betting the coverage will be spottier than AT&T.

We don't currently have a great solution for this, so we need to be considering 
options and I am optimistic deeper campus conversations will start soon enough. 
 That said, I wonder how long it is until other campuses are in the same boat?  
When will we be at a point of critical mass when physical media is no longer 
institutionally viable - truly institutional obsolete?  To be sure, we will 
still have the lingering [at that point] "legacy media" digitization question, 
but I think it will be interesting to see if the calculus changes undershort 
the pressure.  Will the educational media/independent (and theatrical film 
shortly thereafter for that matter) become a purely digital, licensed 
distribution model (see: Ambrose).
Dennis, I wouldn't be reaching for the grapefruit margarita just yet.  The 
Empire may strike back.

Best,
Scott


On Tue, Sep 30, 2014 at 2:58 PM, 
mailto:videolib-requ...@lists.berkeley.edu>>
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Today's Topics:

   1. Re: Libraries that stream their own titles (Carla Myers)


--

Message: 1
Date: Tue, 30 Sep 2014 19:58:46 +
From: Carla Myers mailto:cmye...@uccs.edu>>
Subject: Re: [Videolib] Libraries that stream their own titles
To: "videolib@lists.berkeley.edu" 
mailto:videolib@lists.berkeley.edu>>
Message-ID:

<4797094fac10a249a80d43c889b7b7abb6596...@uccs-ex4.uccs.edu>
Content-Type: text/plain; charset="utf-8"

Hi, Jessica
I am not aware of any statute in that law that explicitly states ?go ahead and 
stream films!? However I can think of no statue in the law that states ?you 
absolutely cannot stream films.?

Again, everything comes down 

Re: [Videolib] Libraries that stream their own titles

2014-09-30 Thread Andrew Horbal
Hi again Jessica,

Without getting into what the GSU case specifically does or does not tell us 
about streaming video course reserves, I interpret the broader philosophical 
argument for this kind of service as boiling down to the contention that it is 
more analogous to the “performance or display of a work by instructors or 
pupils in the course of face-to-face teaching activities of a nonprofit 
educational institution, in a classroom or similar place devoted to 
instruction” permitted under §110(1) than you allow. In both the case of an 
instructor screening a library copy of a DVD for their class and an instructor 
utilizing a streaming video course reserve service to make that same library 
DVD available to their students via their CMS site, one “lawfully acquired” DVD 
is being screened for multiple students. If copyright law specifically allows 
for one use, why not the other? This is, I believe, what ARL’s Code of Best 
Practices in Fair Use for Academic and Research 
Libraries<http://www.cmsimpact.org/libraries#one> is going for when it 
recommends that (to single out the three “limitations” I find most relevant to 
the discussion at hand) “[t]he availability of materials should be coextensive 
with the duration of the course or other time-limited use (e.g., a research 
project) for which they have been made available at an instructor’s direction,” 
that “[o]nly eligible students and other qualified persons (e.g., professors’ 
graduate assistants) should have access to materials,” and that “[m]aterials 
should be made available only when, and only to the extent that, there is a 
clear articulable nexus between the instructor’s pedagogical purpose and the 
kind and amount of content involved.” The intent is to ensure that the 
streaming video course reserves scenario is as functionally similar to the 
face-to-face teaching activities scenario as possible in terms of possible 
market harm and other risks to the rights holder. Or, more briefly: why does it 
matter whether or not the professor is present in a physical classroom—isn’t 
the *intent* of §110(1) the most important thing?

Andy

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner
Sent: Tuesday, September 30, 2014 3:07 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Libraries that stream their own titles

No it would not Andrew. I assume it is limited to students in classes. 
Libraries have always had the right/ability to put these items on physical 
reserve,but they could not for instance have dubbed extra copies to meet demand 
which is basically what streaming does. The "face to face" exemption which I 
consider the clearest most explicit part of copyright law is detailed that it 
applies only to students in a physical classroom with a professor present using 
a legal copy. Streaming is an entirely separate right which must be negotiated 
with the rights holder.

I would add on a related note that the visual quality of much of streamed 
material is dreadful and as someone who deals mostly with feature films  visual 
where quality is key I find this truly offensive. This has no legal impact but 
to me adds to the contempt with which films are treated in many institutions.

On Tue, Sep 30, 2014 at 2:52 PM, Andrew Horbal 
mailto:ahor...@umd.edu>> wrote:
Hi Jessica,

Just out of curiosity, would the degree of your objection to streaming video 
course reserves change based on the level of access the institution in question 
provides? Most e-reserves program limit access to students with a 
course-specific username and password, and some require authentication through 
the institution’s course management system (CMS), which would similarly limit 
access to just students enrolled in the course that the video is being used in. 
I ask because this consideration (assuming it matters) doesn’t seem to have 
been brought into the discussion to this point.

Andy Horbal

Media Resources Librarian
0300 Hornbake Library
University of Maryland
College Park, MD 20742
(301) 405-9227
ahor...@umd.edu<mailto:ahor...@umd.edu>



From: 
videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu> 
[mailto:videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu>]
 On Behalf Of Jessica Rosner
Sent: Tuesday, September 30, 2014 2:26 PM

To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu>
Subject: Re: [Videolib] Libraries that stream their own titles

Carla

We are not talking about simply digitizing a film, we are talking about 
digitizing and STREAMING an entire film. There is a HUGE difference

There is literally nothing in copyright law save the 20 year orphan provision 
that in anyway allows any type of streaming.Digitizing is allowed in certain 
circumstances ( some of which are contested) It is most definitely not allowed 
when the work is widely available such as KANE & CA

Re: [Videolib] Libraries that stream their own titles

2014-09-30 Thread Andrew Horbal
Hi Jessica,

Just out of curiosity, would the degree of your objection to streaming video 
course reserves change based on the level of access the institution in question 
provides? Most e-reserves program limit access to students with a 
course-specific username and password, and some require authentication through 
the institution’s course management system (CMS), which would similarly limit 
access to just students enrolled in the course that the video is being used in. 
I ask because this consideration (assuming it matters) doesn’t seem to have 
been brought into the discussion to this point.

Andy Horbal

Media Resources Librarian
0300 Hornbake Library
University of Maryland
College Park, MD 20742
(301) 405-9227
ahor...@umd.edu



From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner
Sent: Tuesday, September 30, 2014 2:26 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Libraries that stream their own titles

Carla

We are not talking about simply digitizing a film, we are talking about 
digitizing and STREAMING an entire film. There is a HUGE difference

There is literally nothing in copyright law save the 20 year orphan provision 
that in anyway allows any type of streaming.Digitizing is allowed in certain 
circumstances ( some of which are contested) It is most definitely not allowed 
when the work is widely available such as KANE & CATCHER. The closest case law 
is GSU and it clearly limits the portion of a work allowed.. It is often 
forgotten that GSU  WAS digitizing  and streaming entire books but took them 
down as soon as they were challenged by the publishers.

Of course "fair use" is made on a case by case basis but I challenge anyone to 
provide an example where the streaming an entire feature film ( which is 
basically what I am talking about and what is frankly being done  by some 
institutions) the "argument" that films were made for "entertainment" but using 
them in classes is "transformative" which is the one advanced by some at ALA is 
plainly absurd. If it were true than basically any book, movie etc ever made 
could be streamed or posted online for academic use.

We do have the GSU case which involved exactly the same issues and even there 
the portions allowed were limited and several did not "pass".

As I am sure you know there are many limitations to the TEACH ACT the key one 
being that it does not apply to fiction films

On Tue, Sep 30, 2014 at 2:08 PM, Carla Myers 
mailto:cmye...@uccs.edu>> wrote:
Jessica…your argument that it is “illegal to digitize and post an entire book 
but legal to digitize and post an entire film” is not a strong one. First off, 
there most certainly are situations where digitizing an entire book could be 
considered a fair use. Secondly, when you are making this type of statement you 
are generalizing about all types of use, however fair use does not work that 
way. Fair use assessments must be made on a case-by-case basis, applying the 
facts of the situation to each individual item your wish to copy. I agree that 
it would be challenging for anyone to claim fair use in digitizing a work as 
popular as Cather in the Rye, however there are millions of titles that have 
been published that are not as readily available this particular title that 
someone could make a strong fair use argument for digitizing, especially when 
their purpose is educational and/or transformative.

In the same way, there are situations where digitizing an entire film could be 
considered a fair use. The person doing so would just have to make sure that 
they had a strong argument for digitizing the entire work, rather than just 
parts of it.

Richard…don’t overlook the TEACH Act (17 U.S.C. §110(2)! This statue has 
provisions for providing students with online access to audiovisual works for 
educational purposes.

Best,
Carla Myers

Assistant Professor
Director of Access Services and Scholarly Communications
Kraemer Family Library
The University of Colorado at Colorado Springs
719-255-3908

From: 
videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu]
 On Behalf Of Jessica Rosner
Sent: Tuesday, September 30, 2014 11:00 AM

To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Libraries that stream their own titles

I hope the earth will not come of its axis since we agree

On Tue, Sep 30, 2014 at 12:56 PM, Brewer, Michael M - (brewerm) 
mailto:brew...@email.arizona.edu>> wrote:
108 does encompass film, but only certain portions of it.  108(i) details which 
portions of 108 apply to media, and which do not. The last 20 years (h) and the 
making of copies for preservation (b) or replacement (c) do apply to media. The 
copying and distribution of portions of, or entire works to users do not apply.

Here is the text:


(i)  The rights of rep

[Videolib] Streaming video licensing for gifts

2013-08-19 Thread Andrew Horbal
Hello,

A filmmaker recently donated a copy of her self-produced film to our library. 
She is willing to let us stream the film over a password-protected site, and 
I'd like to get that permission in writing. What do all of you do in a 
situation like this, where no money is changing hands and where the filmmaker 
is flexible as far as terms are concerned? Do you use a license, or would you 
consider a short letter granting us permission to the stream the film 
sufficient? If you do use a license, how much detail do you go into and what 
kinds of provisions do you include? She is amenable to giving us this right in 
perpetuity, and her only request is that we only make the film available to 
current faculty, staff, and students. Is there anything else that we definitely 
should include?

Also, is there anything we should do to confirm that the producer/director is 
the copyright holder? Or is the fact that she is the producer and director 
sufficient, provided she has not signed any rights away.

Thanks for your help!

Andy Horbal (long-time reader, first-time poster)


Andrew Horbal
Media Resources Librarian
0300 Hornbake Library
University of Maryland
College Park, MD 20742
(301) 405-9227
ahor...@umd.edu

VIDEOLIB is intended to encourage the broad and lively discussion of issues 
relating to the selection, evaluation, acquisition,bibliographic control, 
preservation, and use of current and evolving video formats in libraries and 
related institutions. It is hoped that the list will serve as an effective 
working tool for video librarians, as well as a channel of communication 
between libraries,educational institutions, and video producers and 
distributors.