Re: [Videolib] Developmental Psychology docs

[Brewer, Michael M - (brewerm)]

All true (though there is no mention of streaming in the law and one rarely can 
purchase a stream outright, so I'm not sure it would really qualify as an 
unused copy in the same way a tangible item would. Also, it is considered a 
"replacement" copy in the language of the law. A "preservation" copy is one 
made from a unique item, which is dealt with in a different part of 108). 
Please use the Section 108 Spinner. It can help you understand all the criteria 
for this and other exceptions under 108. 
http://librarycopyright.net/resources/spinner/

mb

Michael Brewer | Librarian | Head, Research & Learning | 
brew...@email.arizona.edu
University of Arizona Libraries, A204 | 1510 E. University Blvd.
P.O. Box 210055 | Tucson, AZ  85721-0055 | (520) 307-2771

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Simpkins, Terry W.
Sent: Tuesday, September 20, 2016 10:32 AM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Developmental Psychology docs

Hi Christine
My understanding of USCode Section 108 is that if your titles are deteriorating 
and unavailable for purchase or streaming in new condition, you can simply make 
preservation copies.  You don't need to seek permission.  There are caveats 
(in-library use only, etc.), but you can do it.

Terry

Terry Simpkins
Director, Discovery & Access Services
Library & Information Services
Middlebury College, Middlebury, VT 05753
(802) 443-5045
tsimp...@middlebury.edu


From: 
videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Mcnevins, Christine
Sent: Tuesday, September 20, 2016 12:37 PM
To: videolib@lists.berkeley.edu
Subject: [Videolib] Developmental Psychology docs

Hi Folks,

I've had a request to investigate the possibility of duplicating the following 
VHS titles as they are no longer being distributed and our VHS copies are 
deteriorating.  Would anyone know the contacts for the following that I may 
request permission to duplicate?

1. Back from Madness: The Struggle for Sanity.
HBO series, Films for the Humanities & Sciences- no longer available through 
FilmsMediaGroup / Meridian Films http://meridian.films.com/id/8560

2. Developmental Psychology: Video Collection. Published by Scientific American 
Frontiers, Worth Publishers. ISBN: 1-57259-231-1 NOTE: The individual segments 
are available as streams on CHEDD ANGIER 
(http://www.chedd-angier.com/frontiers/season4.html)  but PBS does not have the 
complete SAF series available for sale.
EPISODES:
Tape 1. Bringing up monkey ; Teaching computers to think [AKA Machines Who 
Think(?)] ; Tackling a killer disease ; Bypass genes ; Baby body sense ; The 
magic years ; Talkin' babies [AKA Babbling Babies] ; Born to talk ; A change of 
mind [AKA Changing Minds]-
Tape 2. Virtual fear ; Mind reading ; Smart glasses ; Severed corpus callosum 
[AKA Right Brain vs Left Brain] ; Remembering what matters ; True or false? ; 
What's in a dream ; Old brain, new tricks [AKA New Brain - Old Tricks].

Any help would be greatly appreciated.

Regards,

Chris McNevins

___
Christine Slominski McNevins | ACQUISITIONS COORDINATOR (Print/Media)
UNIVERSITY OF CONNECTICUT | HOMER BABBIDGE LIBRARY - Licensing & Acquisitions 
Unit
369 Fairfield Way Unit 1005B | Storrs, CT 06269-1005 USA
PH: 860-486-3842 | FX: 860-486-6017 | EMAIL: 
chris.mcnev...@uconn.edu

[cid:image004.jpg@01D10273.21285140]

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] License Restriction?

[Brewer, Michael M - (brewerm)]

All,

Just want to clarify something about 110(1) in Dennis’ description. The 
criteria in 110(1) are not quite as rigid/explicit as Dennis notes. It does not 
say anything about a registered class, but that it must be “in the course of 
the face to face teaching activities of a non-profit educational institution.” 
One could certainly understand the “teaching activities of a non-profit 
educational institution” as being broader than just teaching activities within 
registered classes (e.g., as part of co- and extracurricular learning - 
workshops, seminars, study sessions, etc.) but still in a “classroom or similar 
place devoted to instruction.” It also says nothing about the instructor being 
present. Just that the performance or display may be by instructors or pupils 
and be face to face. In today’s active and peer learning environments, one 
could imagine a scenario where the pupil and instructor roles are more blurred.

I’m not advocating splitting hairs in the law to try to justify recreational 
screenings on campuses, but I do think it is important not to conflate the 
criteria from 110(1) and 110(2) (which is much more narrow).

mb

Here is the full text of the law:

Notwithstanding the provisions of section 106, the following are not 
infringements of copyright:
(1) 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, unless, in the case of a 
motion picture or other audiovisual work, the performance, or the display of 
individual images, is given by means of a copy that was not lawfully made under 
this title, and that the person responsible for the performance knew or had 
reason to believe was not lawfully made;


Michael Brewer | Librarian | Head, Research & Learning | (520) 307-2771 | 
brew...@email.arizona.edu

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Dennis Doros
Sent: Thursday, September 15, 2016 10:41 AM
To: Video Library questions 
Subject: Re: [Videolib] License Restriction?

We sell a lot through Amazon and it's amazing how many schools prefer that 
method because they either they can buy all in one place (most likely) or they 
are afraid a company won't sell them at home rates if they buy directly. (I 
suspect there's some of this.) As lovers of libraries, media centers and 
education, we don't care where you buy from. (Though if someone buys directly 
from us and the disc is scratched later or doesn't work, we tend to replace it 
for free. Not so if they buy elsewhere because we never know who the seller 
is.) What we have done when a college or institution purchases from us at the 
home video price we add a note:


This purchase is for home use only. Classroom use in the US is permitted as per 
US Copyright Law 110(1): registered class of a non-profit educational 
institution; not open to anyone outside the class; single class face-to-face 
with teacher present. Any other use including streaming or public performance 
is not permitted unless Institutional Rights are licensed from Milestone. No 
broadcast use is permitted under any circumstance. For further institutional 
rights, please see our Terms of Service on the Milestone website at 
http://milestonefilms.com/pages/ordering

We feel it's fair to have the buyer understand their rights while protecting 
ours. Any thoughts on this?

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!
Support us on 
Facebook and 
Twitter!

On Thu, Sep 15, 2016 at 12:37 PM, Susan Albrecht 
mailto:albre...@wabash.edu>> wrote:
I mean no disrespect, but I’m not sure this is actually a legitimate way of 
restricting usage.  There ARE companies who list tiered pricing – including a 
home use option – on their websites.  IF they are the exclusive distributor for 
the film, then the purchaser understands the options are restricted and s/he 
will need to decide whether to proceed with the purchase or not at the 
institutional price.  However, once a company elects to use a secondary source 
- such as Amazon, B&N or Midwest - to sell the home use version, however, then 
frankly there IS a home use edition out there that libraries can legitimately 
purchase.  Library purchases, when no prior legal restrictions are arranged, DO 
legally allow for circulation, and the face-to-face teaching exemption allows 
for instructors to screen the film to their classes.  That’s just the way it 
works.  So, if a company really

Re: [Videolib] How popular is your library's copy of Cadillac Desert?

[Brewer, Michael M - (brewerm)]

Gisele,

Of course you can acquire the lost VHS through ILL, make a copy, and add it 
back to your collection. Section 108 makes it very clear that if an item is 
lost or stolen from your collection, it can be replaced using Section 108 if an 
unused version is not available on the market at a fair price. Thank you, 
Sarah, for promoting the Section 108 Spinner. It includes functionality to help 
you collect all the information on your title and the steps you took and 
provide you with a PDF of that for your records, should someone at some point 
question your replacement.

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 Sarah E. McCleskey
Sent: Thursday, July 14, 2016 11:50 AM
To: 'videolib@lists.berkeley.edu' 
Subject: Re: [Videolib] How popular is your library's copy of Cadillac Desert?

Your conscience. Your understanding of copyright law, and your good intentions 
to adhere to the US Code. Your professionalism. Your respect for the ALA code 
of ethics. Your thorough search for an unused replacement.

All these will “stop you.” The Section 108 spinner is a good place to start. 
http://librarycopyright.net/resources/spinner/



From: 
videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Griest, Bryan
Sent: Thursday, July 14, 2016 2:25 PM
To: 'videolib@lists.berkeley.edu' 
mailto:videolib@lists.berkeley.edu>>
Subject: Re: [Videolib] How popular is your library's copy of Cadillac Desert?

That sounds like a violation to me; what would stop me (if this were true) from 
arguing that I used to own any other title under the sun, so I can copy 
everything?

From: 
videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Sarah E. McCleskey
Sent: Thursday, July 14, 2016 11:18 AM
To: 'videolib@lists.berkeley.edu'
Subject: Re: [Videolib] How popular is your library's copy of Cadillac Desert?

At the risk of starting a war, it seems to me that since you USED to own it, 
you could borrow the part you are missing from another library and make a 
SECTION 108 COPY.


From: 
videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Griest, Bryan
Sent: Thursday, July 14, 2016 1:26 PM
To: 'videolib@lists.berkeley.edu' 
mailto:videolib@lists.berkeley.edu>>
Subject: Re: [Videolib] How popular is your library's copy of Cadillac Desert?

Sadly still, we are disallowed from buying from anybody other than our 
distributor.

From: 
videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Phillips, Michael S
Sent: Thursday, July 14, 2016 9:52 AM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] How popular is your library's copy of Cadillac Desert?

Hello Bryan,

Some copies may be available on eBay.

http://www.ebay.com/sch/i.html?_from=R40&_trksid=p2050601.m570.l1313.TR0.TRC0.H0.Xcadillac+desert.TRS0&_nkw=cadillac+desert&_sacat=11232

Michael S. Phillips
Library Associate I
Monographic Acquisitions Division
Texas A&M University
acqmo...@library.tamu.edu

5000 TAMU | College Station, TX 77843-5000

Tel. 979.845.1343 ext. 151 | Fax. 979.845.5310

http://library.tamu.edu



From: 
videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Griest, Bryan
Sent: Thursday, July 14, 2016 10:07 AM
To: 'gtana...@library.berkeley.edu' 
mailto:gtana...@library.berkeley.edu>>; 
'videolib@lists.berkeley.edu' 
mailto:videolib@lists.berkeley.edu>>
Subject: Re: [Videolib] How popular is your library's copy of Cadillac Desert?

Hi!
It is absolutely popular, but sadly, we no longer have all 4 tapes . . . In 
fact, our staff book group read it not too many weeks ago. I’d LOVE to get it 
re-released, even though it’s long in the tooth. A classic.
Sincerely,
Bryan Griest
Glendale Public Library

From: 
videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Gisele Genevieve 
Tanasse
Sent: Wednesday, July 13, 2016 8:19 PM
To: videolib lists.berkeley.edu
Subject: [Videolib] How popular is your library's copy of Cadillac Desert?

Hi Folks,

Completely informal straw poll-- Cadillac Desert continues to be incredibly 
popular on our campus and I regularly receive inquiries from video librarians 
and teachers who are desperately trying to purchase new replacements for their 
VHS tapes (the set is not currently in distribution, though the filmmaker, a UC 
Berkeley faculty member, has long been hoping to re-release it).

For t

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

[Brewer, Michael M - (brewerm)]

The teach act does indeed cover fiction. The law reads “the performance of a 
nondramatic literary or musical work or reasonable and limited portions of any 
other work.” What it says is that teach covers (in their entirety, assuming all 
other conditions are met) nondramatic literary or musical works, but only 
covers other works in limited portions. For the most part, film falls under 
“other work,” here, regardless of whether or not the film is documentary, 
fictional, etc.

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, April 05, 2016 12:41 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] using short films for an online class

Um Teach Act does not cover works of fiction so could only potentially apply to 
documentary shorts

On Tue, Apr 5, 2016 at 3:37 PM, Bergman, Barbara J 
mailto:barbara.berg...@mnsu.edu>> wrote:
Indieflix has quite a few shorts. And is a cheap individual subscription. I've 
found films there that weren't available elsewhere. Ditto for Amazon Instant 
Video and Vimeo. https://www.indieflix.com/

Since the class is completely online, I'd look to Fair Use vs the TEACH Act. 
Since it's a film studies class, they are doing criticism and analysis.

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


-Original Message-
From: 
videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu]
 On Behalf Of Maureen Tripp
Sent: Tuesday, April 05, 2016 8:25 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.

Re: [Videolib] TEACH act implementation for distance ed video

[Brewer, Michael M - (brewerm)]

It is not fair use. It is TEACH. Fair use may be used to justify these sorts of 
things, but if that is the case, each case would have to be looked at 
individually. Also, TEACH does set some limitations on amount, though they are 
vague ("limited and reasonable"). While there are arguments as to whether or 
not limited and reasonable could constitute an entire work (if that is what is 
required by the instructional purpose), I think most see this as meaning that 
entire works would not fall under TEACH.

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 Jodie Borgerding
Sent: Friday, February 19, 2016 9:27 AM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] TEACH act implementation for distance ed video

I didn't come up with this guideline so please don't roast me if my institution 
is not interpreting this correctly. I think another department on campus came 
up with this years ago, but if it's wrong then I will gladly pass the comments 
along to the appropriate department for their consideration. My institution 
uses three codes/acts to justify digitizing and posting entire audiovisual 
works for strictly online only courses within the LMS.

SCENARIO: A teacher wishes to digitize and transmit copyrighted media either in 
portions or in its entirety to her online class for instructional purposes.
GUIDELINE: This is fair use as long as it is restricted to students officially 
enrolled in the course and technological measures are applied that prevent the 
retention of the work for longer than the class session and prevent 
unauthorized further dissemination of the work. Please note that depending on 
the length of the work, there may be technical limitations associated with 
bandwidth and storage. Each case must be coordinated with the instructor's 
course developer in the Online Learning Center. In all cases, the instructor 
should ensure that the copyright notice is included in the transmission.
Sources: U.S. Code, Title 17, Section 110 (Limitations on exclusive rights: 
Exemption of certain performances and 
displays;
 U.S. Code, Title 17, Section 112  (Limitations on exclusive rights: Ephemeral 
Recordings)
  Subtitle C of Title III of Public Law 107-273: The 21st Century Department of 
Justice Appropriations Authorization Act (AKA The Technology, Education, and 
Copyright Harmonization Act of 2002 (TEACH Act).  


Another department on campus handles LMS content for online only courses, the 
library is not involved at all so I'm not sure what the exact technological 
measures are to prevent retention of the work longer than the class period or 
prevent unauthorized dissemination. I do know that the digitization and posting 
will only be done for works owned by the university, whether it would be in the 
library collection, a department only collection, or something like that. If 
the work is the professor's personal copy, they won't digitize and post any 
portion of it.

If the course is a web-enhanced or meets face-to-face, then this guideline does 
not apply and only portions of the audiovisual work can be posted with the LMS.

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 Sarah E. McCleskey
Sent: Thursday, February 18, 2016 4:10 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] TEACH act implementation for distance ed video


Hi Friday,



TEACH does not allow streaming of audiovisual works in their entirety. TEACH 
allows only "reasonable and limited portions." (I interpret that as short 
clips, but other will have different interpretations.)



You cannot rely on TEACH to stream full films.


Sarah McCleskey
sarah.e.mccles...@hofstra.edu


From: 
videolib-boun...@lists.berkeley.edu 
mailto:videolib-boun...@lists.berkeley.edu>>

Re: [Videolib] Fair Use, MOOCs, and the Digital Millennium Copyright Act: Frequently Asked Questions

[Brewer, Michael M - (brewerm)]

Depends who is in the course. MOOCs are generally people outside an institution 
(open to the public), so something like the TEACH act is less likely to apply 
and they wouldn’t have access to licensed content for institutional users. 
Instructors using Blackboard or other CMS for courses offered to matriculated 
students at accredited institutions have a lot more options.

mb
On Jan 23, 2016, at 10:48 AM, Randal Baier 
mailto:rba...@emich.edu>> wrote:

So would this also apply to faculty using any online course program, such as 
Blackboard, Canvas, and so forth?

==
Randal

From: "Laura Jenemann" mailto:ljene...@gmu.edu>>
To: videolib@lists.berkeley.edu
Sent: Friday, January 22, 2016 4:01:56 PM
Subject: [Videolib] Fair Use, MOOCs, and the Digital Millennium Copyright Act: 
Frequently Asked Questions

FYI:

New post from Brandon Butler at American University’s Glushko-Samuelson 
Intellectual Property Law Clinic:

"Fair Use, MOOCs, and the Digital Millennium Copyright Act: Frequently Asked 
Questions”

"In October 2015 the Librarian of Congress issued an important new rule 
permitting faculty and staff creating MOOCs (massive open online courses) to 
copy short clips from video media protected by digital locks. The rule was the 
result of a petition brought by clinic students Mark Patrick and Sarah 
O’Connor…..To help MOOC faculty and staff understand and apply the new rule, 
Peter Decherney and I have prepared a short FAQ.”

http://ipclinic.org/2016/01/22/fair-use-moocs-and-the-digital-millennium-copyright-act-frequently-asked-questions/

The PDF is at the bottom of the page.

Regards,
Laura

Laura Jenemann
Media Services/Film Studies Librarian
George Mason University Libraries
Email: ljene...@gmu.edu
Phone: 703-993-7593

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.

Re: [Videolib] Native Son

[Brewer, Michael M - (brewerm)]

Me Too! 

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


-Original Message-
From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Reynolds, Jo Ann
Sent: Wednesday, January 13, 2016 8:07 AM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Native Son

I third this interpretation by Deg and Terry. 

It is important to read the law for yourself because sometimes there is 
misinformation on this list and with content providers.

Jo Ann

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




-Original Message-
From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Simpkins, Terry W.
Sent: Wednesday, January 13, 2016 8:15 AM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Native Son

Greetings, everyone
I second this interpretation by Deg.  There is nothing in 108 that specifies a 
film must "already be in the collection" (if that were the case, then already 
in the collection since... when?).  There is so much misinformation about this 
stuff, especially, at times, from certain quarters on this list, that it is 
important to look at what the law actually says.  108 says nothing about 
libraries having to hold copies of an obsolete format for some specified period 
of time before invoking 108, nor does it say the library had to have purchased 
the item now considered obsolete in new condition.  I don't even think this is 
a particularly unusual situation.

If anyone can point out the actual text of the law, or a court case that 
established this as an interpretation, that says otherwise, it would be news to 
me and I'd be grateful to learn about it.

I'm all for telling faculty when something can't be done, but not for erecting 
imaginary and unnecessary barriers to their work.  Copyright law has shifted 
far far to the side of protections for content creators.  Let's not make our 
lives as librarians and educators even more difficult through timidity, as Deg 
rightly says, or self-imposed restrictions with no basis in law.

Terry Simpkins
Director, Discovery & Access Services
Middlebury College
Middlebury VT 05653
892-443-5045

> On Jan 13, 2016, at 3:12 AM, Deg Farrelly  wrote:
> 
> I wholeheartedly disagree.
> 
> There are 2 issues here:  obtaining a video to meet a faculty member's need 
> and applying section 108 to make a copy of that video.
> 
> After diligently looking, it's been determined that the only sources for this 
> video are used VHS.
> 
> If the library purchases a video for its collection, even if it is used, it 
> is a legally acquired copy.  Most of us, I'd wager, have done that at some 
> point
> 
> The law provides for the legal duplication of a legally acquired copy.
> 
> Since the video, now in the library's collection is VHS, and cannot be 
> replaced with a new copy in any format, the library can apply Section 108 to 
> make up to 3 copies.
> 
> The argument is not that VHS is obsolete, but that the format is 
> deteriorating.
> 
> The law does not require tracking down the copyright holder(s) and asking for 
> permission.
> 
> Painting this question as a matter of librarians or faculty wanting 
> everything is a broad overstatement.
> 
> Is this unusual?  Yes.  Is this a blatant attempt to cheat a system?  Hardly.
> 
> The law lays out specific protections for libraries and too many librarians 
> for whatever purpose are too timid in asserting the rights that law has 
> provided.
> 
> deg farrelly, Media Librarian/streaming Video Administrator Arizona 
> State University Libraries
> 
> 
>> Actually not. 108 is for replacement copies already in a collection 
>> and Lorraine's school never had a copy. The idea that one would 
>> purchase a used VHS the supposedly "dead" format for the express 
>> purpose of making a DVD is not what the law says.
>> 
>> In general this just goes to the issue that not every film ever made 
>> is going to be available and sometimes instructors will have to find 
>> something else
>> 
> 
> 
> 
>> I have a faculty that wants to screen Native Son, 1986 w/ Oprah Winfrey. 
>> As far as I can see ONLY a VHS exists.  My first Q is, if we do not 
>> have players in the classroom, and I am not seeing any copy of this 
>> on DVD, are we SOL?
>> 
>> My only other option is to purchase the VHS and have her screen in 
>> the library (we do have VHS players).  In terms of Fair Use checklist, if we
>> have a VHS, that is my only option, correct?   
>> 
>> Btw, all the VHS copies are used; which could be fine. 
>> 
>> Your advice is appreciated.   
> 
> 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 institut

Re: [Videolib] Promised Land

[Brewer, Michael M - (brewerm)]

Deg, 

It is an interesting question. For me, it is less about what the law will allow 
and more about whether or not the replacement (in this case the access to the 
content in streaming form) will fulfill needs as well as (or better than) the 
physical copy. For example, what if a faculty member needs to extract clips 
from the film? Would the streaming license allow for that? What about the need 
for offline access? If these are not really pressing needs, the streaming 
access is probably a better way to go. Personally, I think it might be 
worthwhile to both create a 108 copy and acquire the streaming access and would 
see that being supportable under 108.

mb 

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


-Original Message-
From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Deg Farrelly
Sent: Wednesday, January 06, 2016 3:14 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Promised Land

This raises an interesting question

If a due diligence search for a replacement copy under Section  108 pf US 
copyright does not return a hard copy available for purchase, but instead only 
return a streaming copy, available only for term license

Can the library proceed with a copy made under provisions of Section 108. 

I have my own opinion, but will would like to hear what other librarians think.

-deg farrelly
Arizona State University Libraries

> Kanopy has it.

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] No more DVDs?

[Brewer, Michael M - (brewerm)]

If there is no physical copy, then we lose certainty in being able to take 
advantage of exceptions to copyright like fair use, replacement/preservation 
(under section 108), etc., since digital copies that are not in physical form 
would always be licensed.

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, November 03, 2015 10:19 AM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] No more DVDs?

I think it is very important to have physical copies. Rights change , contracts 
expire. I was literally discussing this last weekend with Nancy Gerstman of 
Zeitgeist who said they were not going to do a physical release of their new 
film COURT. I suggested that they make a DVD-R available without chapters or 
fancy boxing and she said she could do that. I think the technology of making a 
bare bones DVD is pretty easy and cheap. I urge educational distributors in 
particular to keep this option.
This is how WB and some other studios are making many wonderful films with 
limited demand available and you can even skip the artwork
Jessica

On Tue, Nov 3, 2015 at 12:08 PM, Chris Lewis 
mailto:cle...@american.edu>> wrote:
For me, the only equivalent for a DVD purchase is a streaming video with 
in-perpetuity rights that we can host locally. We have many VHS tapes and DVDs 
from companies like Carousel, Films Inc., and LAVA that have gone out of 
business - but we can still use their titles because we own a tangible version. 
That wouldn't be the case if the only option was to license a streaming version 
hosted by the distributor.
I understand that this is the direction the studios are headed because the 
average person has adapted to using Netflix, iTunes. etc. but teaching needs 
are different and specialized documentaries (or features) that are perfect for 
a given class may be used regularly long after a distributor has gone out of 
business. It's just the way that classes get taught. Some professors figure out 
a lesson plan and more or less set it on autopilot for a couple decades.  So my 
hope was that independent educational distributors would be at the tail end of 
the DVD weaning process.

On Tue, Nov 3, 2015 at 10:19 AM, Jonathan Miller 
mailto:jmil...@icarusfilms.com>> wrote:
Dear Videolib friends

As many of you know Icarus Films has been helping to build, and currently has 
over 300 titles on, Docuseek2, to provide colleges and universities streaming 
access to our collection over the internet.

Yes, we continue to invest in producing and releasing DVDs of the same titles. 
And, as streaming usage increases, selling fewer and fewer of them.

It is making me wonder if we should stop selling DVDs altogether, not producing 
them at all for new films, and not ordering any more once we sell the last one 
of an older one.

What do you think would happen if we did that?

How many of you would definitely NOT buy or use a film that a professor or 
collection development librarian wanted to have, if it was ONLY available via 
streaming?

I’m serious in asking this question, I think it may be time to take a (perhaps) 
drastic step, and not another small incremental one.  What do you think?  
Thanks!

Curiously yours,

Jonathan Miller



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.



--
Chris Lewis  American University Library  202.885.3257


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 us

Re: [Videolib] New 1201 exemptions

[Brewer, Michael M - (brewerm)]

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

Michael Brewer | Librarian | Head, Research & Learning | 
brew...@email.arizona.edu<mailto:brew...@email.arizona.edu>

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

Hi Michael,

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

Andy


From: 
videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu> 
[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<mailto: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<mailto:brew...@email.arizona.edu>

From: 
videolib-boun...@lists.berkeley.edu<mailto: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<mailto: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<mailto: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<mailto:videolib@lists.berkeley.edu>
Sent: Tuesday, October 27, 2015 9:46:43 AM
Subject: [Videolib] New 1201 exemptions

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

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

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

[Brewer, Michael M - (brewerm)]

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

mb

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

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


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



All the best,



Andy Uhrich

Film archivist, Indiana University Libraries Moving Image Archive


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

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


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









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

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

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

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


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

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

Congrats to the AAPB Team!

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

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

[Clip]

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

The Content

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

Re: [Videolib] New 1201 exemptions

[Brewer, Michael M - (brewerm)]

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] Copyright question: American Playhouse Films

[Brewer, Michael M - (brewerm)]

Thanks for the additional information, Dennis. I am sure you are right. I did 
want to point out, though, that at least with music, this often happens, making 
it really hard to know what is being done legally and what isn’t. It would be 
really nice if these arrangements were made more explicit for the viewer.
mb

Michael Brewer | Librarian | Head, Research & Learning | 
brew...@email.arizona.edu<mailto:brew...@email.arizona.edu>

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Dennis Doros
Sent: Tuesday, August 18, 2015 3:48 PM
To: Video Library questions 
Subject: Re: [Videolib] Copyright question: American Playhouse Films

I'm sorry Michael, but many YouTube videos with ads on it can often be another 
form of copyright theft. There are many "companies" that scan YouTube for 
popular sites and if these videos are not officially claimed by ID, they claim 
ownership and have the ad money go to them.

Here are some articles:

http://www.wired.com/2011/11/youtube-filter-profiting/

http://damnlag.com/threads/watch-out-for-copyright-scams.7/

And I can promise this is happening because our Milestone trailer with Martin 
Scorsese talking about Polish Cinema was scammed twice by individuals and the 
youtube started having ads appear. We also have this done to some of our 
trailers. It takes a while to get these rights back to our own videos.

Unless you see something like PBS.ORG<http://PBS.ORG>, WGBH, WNET, KCET, SCETV 
(the people behind American Playhouse) or the original producer as the official 
owner of the site, then it's not legal. And here's another clue -- almost all 
of the American Playhouse films were done with SAG and other union approvals 
and you would have to work out clearances for all the performances, music, etc. 
Electronic distribution (streaming, downloading) didn't exist then so the 
owners of the copyright would definitely have to have these cleared again. It's 
not that easy or cheap. So if the clearances were done for any of the films, 
you would bet your ass they would be on Netflix, DVD or Blu-ray -- not free 
Youtube. (Yes, I looked into the rights for a couple of these.)


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<mailto:milefi...@gmail.com>

Visit our main website!  www.milestonefilms.com<http://www.milestonefilms.com/>
Visit our new websites!  www.mspresents.com<http://www.mspresents.com>, 
www.portraitofjason.com<http://www.portraitofjason.com>, 
www.shirleyclarkefilms.com<http://www.shirleyclarkefilms.com/>,
To see or download our 2014 Video Catalog, click 
here<https://cdn.shopify.com/s/files/1/0150/7896/files/2015MilestoneVideoCatalog.pdf?2223081985127089573>!

Support "Milestone Film" on 
Facebook<http://www.facebook.com/pages/Milestone-Film/22348485426> and 
Twitter<https://twitter.com/#!/MilestoneFilms>!

On Tue, Aug 18, 2015 at 6:09 PM, Brewer, Michael M - (brewerm) 
mailto:brew...@email.arizona.edu>> wrote:
While I am sure there is a lot on Youtube that is posted without copyright 
permission, they also seem to do a lot of licensing behind the scenes with 
copyright holders, so it isn’t always clear what is legal and what is not. Much 
of the music that is posted by individuals (not artists) is still preceded by 
advertising. This leads me to believe that Youtube has made a deal with the 
copyright holders for at least some of the content in the video to keep it up 
if they give them a cut of the profit.  This Rolling Stone article describes 
how that works: 
http://www.rollingstone.com/music/news/seven-ways-musicians-make-money-off-youtube-20130919

“YouTube isn't Napster -- if somebody owns the copyright to a song within a 
video, and demands that the service take it down, it comes down. But first, 
YouTube offers a different approach: "Content ID." That means if your wacky 
wedding video is set to Chris Brown's "Forever," Brown and his record label can 
agree to cover the thing with ads and take a cut of the royalties. This 
happened with Baauer's "Harlem Shake" when it broke in February, with 400 
million overall cover versions generating cash for the dance-music DJ's indie 
label Mad Decent Records (and, presumably, Baauer himself).”

I don’t know if this is the case with Raisin in the Sun or not, but at least 
one of the videos I clicked on was preceded by an ad. This makes me think that 
it may be and that having students watch it would actually send money to the 
copyright owners through Youtube.

mb

Michael Brewer | Librarian | Head, Research & Learning | 
brew...@email.arizona.edu<mailto:brew...@email.arizona.edu>

From: 
videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkel

Re: [Videolib] Copyright question: American Playhouse Films

[Brewer, Michael M - (brewerm)]

While I am sure there is a lot on Youtube that is posted without copyright 
permission, they also seem to do a lot of licensing behind the scenes with 
copyright holders, so it isn't always clear what is legal and what is not. Much 
of the music that is posted by individuals (not artists) is still preceded by 
advertising. This leads me to believe that Youtube has made a deal with the 
copyright holders for at least some of the content in the video to keep it up 
if they give them a cut of the profit.  This Rolling Stone article describes 
how that works: 
http://www.rollingstone.com/music/news/seven-ways-musicians-make-money-off-youtube-20130919

"YouTube isn't Napster -- if somebody owns the copyright to a song within a 
video, and demands that the service take it down, it comes down. But first, 
YouTube offers a different approach: "Content ID." That means if your wacky 
wedding video is set to Chris Brown's "Forever," Brown and his record label can 
agree to cover the thing with ads and take a cut of the royalties. This 
happened with Baauer's "Harlem Shake" when it broke in February, with 400 
million overall cover versions generating cash for the dance-music DJ's indie 
label Mad Decent Records (and, presumably, Baauer himself)."

I don't know if this is the case with Raisin in the Sun or not, but at least 
one of the videos I clicked on was preceded by an ad. This makes me think that 
it may be and that having students watch it would actually send money to the 
copyright owners through Youtube.

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 Bergman, Barbara J
Sent: Tuesday, August 18, 2015 2:07 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Copyright question: American Playhouse Films


Hi Lowell,

You're mixing a bunch of different things here.

1. Is it legally posted on YouTube by the copyright holder? I'm guessing no, 
and therefore should not be recommended to the faculty member.

2. Public performance rights are for screening outside of a classroom and are 
irrelevant here.

3. The TEACH Act theoretically helps us decide whether it's okay to make a film 
available via course management system. It's not very helpful though, and 
you're usually better off going back to Fair Use.

Do they want the entire film or just a scene?

Is this a face-to-face class where it would simple be more convenient to have 
film available online? Or a distance ed class?


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


From: 
videolib-boun...@lists.berkeley.edu 
mailto:videolib-boun...@lists.berkeley.edu>>
 on behalf of Lowell Lybarger mailto:llybar...@atu.edu>>
Sent: Tuesday, August 18, 2015 3:40 PM
To: videolib@lists.berkeley.edu
Subject: [Videolib] Copyright question: American Playhouse Films


My apologies in advance if this topic was already covered at length.



We have instructors at my university who would like to have their 
distance-education students watch the American Playhouse version of A Raisin in 
the Sun (1989) that is currently available through YouTube.  This version was 
directed by Bill Duke and features Danny Glover and Esther Rolle.  Do American 
Playhouse films require public performance rights?  The URL would be posted on 
a web course through Blackboard.



Lowell Lybarger


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

Re: [Videolib] another question about old VHS tapes

[Brewer, Michael M - (brewerm)]

No reason the copy used to invoke Section 108 has to be a copy the library 
purchased new (though that is likely what happens most of the time), it just 
has to be legal (and, as Chris noted, not have any other license restrictions).

mb

Michael Brewer | Librarian | Head, Research & Learning

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Chris Lewis
Sent: Thursday, January 29, 2015 9:41 AM
To: Videolib
Subject: Re: [Videolib] another question about old VHS tapes

Hmmm. Before this spins out of control, I'll correct myself and add that it is 
okay to make a preservation copy from someone else's videotape if yours has 
been damaged beyond repair or lost or stolen.
Jessica, to the best of my knowledge gifts from faculty members are legally 
obtained copies unless they have been expressly prohibited from transfer in 
their purchase agreement.

On Thu, Jan 29, 2015 at 11:30 AM, Jessica Rosner 
mailto:jessicapros...@gmail.com>> wrote:
I think the paper trail is especially important to show the library purchased a 
legal new copy back in the day and did not for instance transfer a copy from an 
instructors own collection.

On Thu, Jan 29, 2015 at 10:57 AM, Chris Lewis 
mailto:cle...@american.edu>> wrote:
I suppose that could happen and if so a worn-out tape or a paper trail leading 
back to it's purchase might be necessary to prove that your preservation DVD 
was made from a legally obtained copy and not from another library's copy.

On Wed, Jan 28, 2015 at 5:50 PM, Rosen, Rhonda 
mailto:rhonda.ro...@lmu.edu>> wrote:
Hi Chris,
So you are saying that if anyone challenged us, which is fairly unlikely, we 
would by Section 108 need to show the worn or damaged VHS tape?
R

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

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

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

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

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




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

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


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

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

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

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

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

6.   The DVD goes on permanent reserve. The case is clearly marked, 
"Section 108 Copy: I

Re: [Videolib] old vhs tapes

[Brewer, Michael M - (brewerm)]

Also please do remember that the Section 108 Spinner is available for quickly 
checking on the applicability of 108 to a particular use as well as for 
documenting your uses of the Section. http://librarycopyright.net/108spinner/

mb

Michael Brewer | Librarian | Head, Research & Learning

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Haller, Dorcas
Sent: Wednesday, January 14, 2015 11:58 AM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] old vhs tapes

Brilliant!

Dusty Haller

Dorcas Haller
Librarian/Professor/Department Chair
Community College of Rhode Island Library
One Hilton Street, Providence, RI 02905
dhal...@ccri.edu
Phone: 401-455-6085
Fax: 401-455-6087

From: 
videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jo Ann Reynolds
Sent: Wednesday, January 14, 2015 12:16 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] old vhs tapes

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


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

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

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

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

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

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

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

Best,
Jo Ann

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



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

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

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

[Brewer, Michael M - (brewerm)]

Yes there is. A use is not truly fair (covered by 107) until it is litigated 
and shown to be fair. TEACH provides more clarity. I am no fan of TEACH, but it 
does provide those who are more risk averse with clear(er) guidelines related 
to making content available online for educational uses.

mb

Michael Brewer | Librarian | Head, Research & Learning

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner
Sent: Tuesday, September 30, 2014 12:10 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Libraries that stream their own titles

Well since that would already be covered under "fair use" ( yes I really 
believe it in) there is nothing special in TEACH about it.

On Tue, Sep 30, 2014 at 3:08 PM, Brewer, Michael M - (brewerm) 
mailto:brew...@email.arizona.edu>> wrote:
Teach does apply to fiction films, but only in reasonable and limited portions

Sent from my iPhone

On Sep 30, 2014, at 11:30 AM, Jessica Rosner 
mailto:maddux2...@gmail.com>> wrote:
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> 
[mailto: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<mailto: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

Re: [Videolib] Libraries that stream their own titles

[Brewer, Michael M - (brewerm)]

Teach does apply to fiction films, but only in reasonable and limited portions

Sent from my iPhone

On Sep 30, 2014, at 11:30 AM, Jessica Rosner 
mailto:maddux2...@gmail.com>> wrote:

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> 
[mailto: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<mailto: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 reproduction and distribution under this 
section do not apply to a musical work, a pictorial, graphic or sculptural 
work, or a motion picture or other audiovisual work other than an audiovisual 
work dealing with news, except that no such limitation shall apply with respect 
to rights granted by subsections (b), (c), and (h), or with respect to 
pictorial or graphic works published as illustrations, diagrams, or similar 
adjuncts to works of which copies are reproduced or distributed in accordance 
with subsections (d) and (e).

mb

Michael Brewer | Librarian | Head, Research & Learning

From: 
videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu> 
[mailto:videolib-boun...@lis

Re: [Videolib] Libraries that stream their own titles

[Brewer, Michael M - (brewerm)]

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 reproduction and distribution under this 
section do not apply to a musical work, a pictorial, graphic or sculptural 
work, or a motion picture or other audiovisual work other than an audiovisual 
work dealing with news, except that no such limitation shall apply with respect 
to rights granted by subsections (b), (c), and (h), or with respect to 
pictorial or graphic works published as illustrations, diagrams, or similar 
adjuncts to works of which copies are reproduced or distributed in accordance 
with subsections (d) and (e).

mb

Michael Brewer | Librarian | Head, Research & Learning

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Cindy Wolff
Sent: Tuesday, September 30, 2014 9:35 AM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Libraries that stream their own titles

In some cases even though someone would be within their rights to copy 
something, the rights holder tries to sue. Film companies have sued people even 
for the intent of fair use. The onus is put on the entity doing the copying. 
I’m not really think 108 encompasses film.

The late Jack Valenti, the past president of the MPAA, did not believe in the 
concept of fair use.

Cindy Wolff



From: 
videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu> 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Brewer, Michael M - 
(brewerm)
Sent: Tuesday, September 30, 2014 12:06 PM
To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu>
Subject: Re: [Videolib] Libraries that stream their own titles

It doesn’t. I was just clarifying that digitizing (and streaming) entire works 
is not necessarily illegal. When those kinds of statements are made, I like to 
remind people that the law does allow for this in certain circumstances.

Also, it does not matter if the rights holder objects unless they begin 
commercializing the work or are willing to make it available for sale at a 
reasonable price.

Michael Brewer | Librarian | Head, Research & Learning

From: 
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 8:33 AM
To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu>
Subject: Re: [Videolib] Libraries that stream their own titles

OK Michael you got me. If you find a film in the last 20 years of copyright ( 
which in now 95 years but starts in 1923 in most cases) and it is not in print 
and the rights holder does not object you could stream it.

Exactly how does that cover Citizen Kane or or 99.9% of the films being used in 
classes?

On Tue, Sep 30, 2014 at 11:23 AM, Brewer, Michael M - (brewerm) 
mailto:brew...@email.arizona.edu>> wrote:
Read the law, Jessica. 108(h) allows for reproduction, distribution, display, 
or performance for the purpose of preservation, scholarship or research.

(h)(1) For purposes of this section, during the last 20 years of any term of 
copyright of a published work, a library or archives, including a nonprofit 
educational institution that functions as such, may reproduce, distribute, 
display, or perform in facsimile or digital form a copy or phonorecord of such 
work, or portions thereof, for purposes of preservation, scholarship, or 
research, if such library or archives has first determined, on the basis of a 
reasonable investigation, that none of the conditions set forth in 
subparagraphs (A), (B), and (C) of paragraph (2) apply.

(2) No reproduction, distribution, display, or performance is authorized under 
this subsection if—

(A) the work is subject to normal commercial exploitation;

(B) a copy or phonorecord of the work can be obtained at a reasonable price; or

(C) the copyright owner or its agent provides notice pursuant to regulations 
promulgated by the Register of Copyrights that either of the conditions set 
forth in subparagraphs (A) and (B) applies.

(3) The exemption provided in this subsection does not apply to any subsequent 
uses by users other than such library or archives.



Michael Brewer | Librarian | Head, Research & Learning

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 8:15 AM

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

W

Re: [Videolib] Libraries that stream their own titles

[Brewer, Michael M - (brewerm)]

It is not just preservation. It is also replacement and making available 
materials to users. Reproduction, distribution and performance are what are 
required for streaming (streaming requires reproduction and is a means of 
performing a work). This portion of section 108 is focused on 
scholarly/research uses (archives and libraries making rare or unique content 
available online, whether it is print or media, for research purposes). 
Largely, this is going to be for things that did not have broad distribution 
and which are no longer of commercial interest. That could, though, include a 
lot of media. Such access, and the scholarship and research that might come out 
of it, might actually create a market for some content that could subsequently 
be commercialized. We tend to forget that educational and scholarly uses of 
works are likely to enhance rather than harm the market for older or more 
obscure titles.

mb

Michael Brewer | Librarian | Head, Research & Learning

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Moshiri, Farhad
Sent: Tuesday, September 30, 2014 9:16 AM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Libraries that stream their own titles

Again, it is my understanding that this whole section deals with 
"preservation". It clearly states that its purpose is archival and making the 
materials available for research inside the library. It usually concerns 
outdated formats and allows the libraries to upgrade the format (digitize). But 
I don't see where streaming fits into this section at all.


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


From: 
videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu> 
[videolib-boun...@lists.berkeley.edu] On Behalf Of Brewer, Michael M - 
(brewerm) [brew...@email.arizona.edu]
Sent: Tuesday, September 30, 2014 11:06 AM
To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu>
Subject: Re: [Videolib] Libraries that stream their own titles
It doesn't. I was just clarifying that digitizing (and streaming) entire works 
is not necessarily illegal. When those kinds of statements are made, I like to 
remind people that the law does allow for this in certain circumstances.

Also, it does not matter if the rights holder objects unless they begin 
commercializing the work or are willing to make it available for sale at a 
reasonable price.

Michael Brewer | Librarian | Head, Research & Learning

From: 
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 8:33 AM
To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu>
Subject: Re: [Videolib] Libraries that stream their own titles

OK Michael you got me. If you find a film in the last 20 years of copyright ( 
which in now 95 years but starts in 1923 in most cases) and it is not in print 
and the rights holder does not object you could stream it.

Exactly how does that cover Citizen Kane or or 99.9% of the films being used in 
classes?

On Tue, Sep 30, 2014 at 11:23 AM, Brewer, Michael M - (brewerm) 
mailto:brew...@email.arizona.edu>> wrote:
Read the law, Jessica. 108(h) allows for reproduction, distribution, display, 
or performance for the purpose of preservation, scholarship or research.

(h)(1) For purposes of this section, during the last 20 years of any term of 
copyright of a published work, a library or archives, including a nonprofit 
educational institution that functions as such, may reproduce, distribute, 
display, or perform in facsimile or digital form a copy or phonorecord of such 
work, or portions thereof, for purposes of preservation, scholarship, or 
research, if such library or archives has first determined, on the basis of a 
reasonable investigation, that none of the conditions set forth in 
subparagraphs (A), (B), and (C) of paragraph (2) apply.

(2) No reproduction, distribution, display, or performance is authorized under 
this subsection if-

(A) the work is subject to normal commercial exploitation;

(B) a copy or phonorecord of the work can be obtained at a reasonable price; or

(C) the copyright owner or its agent provides notice pursuant to regulations 
promulgated by the Register of Copyrights that either of the conditions set 
forth in subparagraphs (A) and (B) applies.

(3) The exemption provided in this subsection does not apply to any subsequent 
uses by users other than such library or archives.



Michael Brewer | Librarian | Head, Research & Learning

From: 
videolib-boun...@lists.berkeley.edu<mailto:videolib-bou

Re: [Videolib] Libraries that stream their own titles

[Brewer, Michael M - (brewerm)]

It doesn’t. I was just clarifying that digitizing (and streaming) entire works 
is not necessarily illegal. When those kinds of statements are made, I like to 
remind people that the law does allow for this in certain circumstances.

Also, it does not matter if the rights holder objects unless they begin 
commercializing the work or are willing to make it available for sale at a 
reasonable price.

Michael Brewer | Librarian | Head, Research & Learning

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner
Sent: Tuesday, September 30, 2014 8:33 AM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Libraries that stream their own titles

OK Michael you got me. If you find a film in the last 20 years of copyright ( 
which in now 95 years but starts in 1923 in most cases) and it is not in print 
and the rights holder does not object you could stream it.

Exactly how does that cover Citizen Kane or or 99.9% of the films being used in 
classes?

On Tue, Sep 30, 2014 at 11:23 AM, Brewer, Michael M - (brewerm) 
mailto:brew...@email.arizona.edu>> wrote:
Read the law, Jessica. 108(h) allows for reproduction, distribution, display, 
or performance for the purpose of preservation, scholarship or research.

(h)(1) For purposes of this section, during the last 20 years of any term of 
copyright of a published work, a library or archives, including a nonprofit 
educational institution that functions as such, may reproduce, distribute, 
display, or perform in facsimile or digital form a copy or phonorecord of such 
work, or portions thereof, for purposes of preservation, scholarship, or 
research, if such library or archives has first determined, on the basis of a 
reasonable investigation, that none of the conditions set forth in 
subparagraphs (A), (B), and (C) of paragraph (2) apply.

(2) No reproduction, distribution, display, or performance is authorized under 
this subsection if—

(A) the work is subject to normal commercial exploitation;

(B) a copy or phonorecord of the work can be obtained at a reasonable price; or

(C) the copyright owner or its agent provides notice pursuant to regulations 
promulgated by the Register of Copyrights that either of the conditions set 
forth in subparagraphs (A) and (B) applies.

(3) The exemption provided in this subsection does not apply to any subsequent 
uses by users other than such library or archives.



Michael Brewer | Librarian | Head, Research & Learning

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 8:15 AM

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

What in 108 has to do with streaming or posting online? It is about making 
copies.
Seriously is there ANYTHING in 108 that refers to streaming or putting material 
online ? The GSU case is the only one I know of that does and it is pretty 
clear that only portions can be streamed. GSU admitted as much when it took 
down whole books as soon as it was sued.

Digitizing is one thing, streaming and posting online are TOTALLY different.

I am truly stunned that there would be any confusion on this.

On Tue, Sep 30, 2014 at 11:07 AM, Brewer, Michael M - (brewerm) 
mailto:brew...@email.arizona.edu>> wrote:
Jessica,

It isn’t illegal to digitize and post an entire book. It depends on the 
circumstances, whether those fall under fair use, or fall under something like 
Section 108(h) - which applies to works in their last 20 years of protection 
that are not being commercially exploited or available for sale at a reasonable 
price. I’m not going to engage in the current conversation about films (which, 
by the way, may also be digitized and streamed under Section 108(h) if the they 
meet the same criteria). I just wanted to clarify that it is not illegal to 
digitize entire works that are still under copyright under certain 
circumstances, so that others are aware.

mb

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

Michael Brewer | Librarian | Head, Research & Learning

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 7:42 AM

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

You digitize and post an entire book on campus system. This is exactly what GSU 
did  BEFORE they were sued and then they took them down and  cut back to 
"chapters" or sections of books. This would again be the exactly the same as 
digitizing and streaming a film. You are 

Re: [Videolib] Libraries that stream their own titles

[Brewer, Michael M - (brewerm)]

Read the law, Jessica. 108(h) allows for reproduction, distribution, display, 
or performance for the purpose of preservation, scholarship or research.

(h)(1) For purposes of this section, during the last 20 years of any term of 
copyright of a published work, a library or archives, including a nonprofit 
educational institution that functions as such, may reproduce, distribute, 
display, or perform in facsimile or digital form a copy or phonorecord of such 
work, or portions thereof, for purposes of preservation, scholarship, or 
research, if such library or archives has first determined, on the basis of a 
reasonable investigation, that none of the conditions set forth in 
subparagraphs (A), (B), and (C) of paragraph (2) apply.

(2) No reproduction, distribution, display, or performance is authorized under 
this subsection if—

(A) the work is subject to normal commercial exploitation;

(B) a copy or phonorecord of the work can be obtained at a reasonable price; or

(C) the copyright owner or its agent provides notice pursuant to regulations 
promulgated by the Register of Copyrights that either of the conditions set 
forth in subparagraphs (A) and (B) applies.

(3) The exemption provided in this subsection does not apply to any subsequent 
uses by users other than such library or archives.



Michael Brewer | Librarian | Head, Research & Learning

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner
Sent: Tuesday, September 30, 2014 8:15 AM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Libraries that stream their own titles

What in 108 has to do with streaming or posting online? It is about making 
copies.
Seriously is there ANYTHING in 108 that refers to streaming or putting material 
online ? The GSU case is the only one I know of that does and it is pretty 
clear that only portions can be streamed. GSU admitted as much when it took 
down whole books as soon as it was sued.

Digitizing is one thing, streaming and posting online are TOTALLY different.

I am truly stunned that there would be any confusion on this.

On Tue, Sep 30, 2014 at 11:07 AM, Brewer, Michael M - (brewerm) 
mailto:brew...@email.arizona.edu>> wrote:
Jessica,

It isn’t illegal to digitize and post an entire book. It depends on the 
circumstances, whether those fall under fair use, or fall under something like 
Section 108(h) - which applies to works in their last 20 years of protection 
that are not being commercially exploited or available for sale at a reasonable 
price. I’m not going to engage in the current conversation about films (which, 
by the way, may also be digitized and streamed under Section 108(h) if the they 
meet the same criteria). I just wanted to clarify that it is not illegal to 
digitize entire works that are still under copyright under certain 
circumstances, so that others are aware.

mb

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

Michael Brewer | Librarian | Head, Research & Learning

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 7:42 AM

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

You digitize and post an entire book on campus system. This is exactly what GSU 
did  BEFORE they were sued and then they took them down and  cut back to 
"chapters" or sections of books. This would again be the exactly the same as 
digitizing and streaming a film. You are taking an ENTIRE work digitizing it 
and putting up for many to access without paying for rights. Even the current 
GSU decision ( which did not go over well with the appeals court but no ruling 
has been issued) made it clear that you could not use entire works and they did 
in fact rule that 3 of the "portions" GSU did use probably violated "fair use" 
and sent them back ( though this is on hold because of the appeal).

Can anyone explain to me how it is illegal to digitize and post an entire book 
but legal to digitize and post an entire  film? When I asked this at ALA of one 
of the chief proponents I was told " that was an interesting question"

Personally I think it is part and parcel of the contempt that media works are 
given by libraries and academic institutions. They are somehow less worthy of 
copyright protection just as they are less worthy of targeted collection 
policies, budgets etc. (obviously folks on this list are often the exception 
but I find "AV" being more denigrated than ever before)


On Tue, Sep 30, 2014 at 9:56 AM, Richard Graham 
mailto:rgrah...@unl.edu>> wrote:
How do you stream a book?

Richard Graham
Associate Professor - Media Services Librarian

N220 Love Library
University

Re: [Videolib] Libraries that stream their own titles

[Brewer, Michael M - (brewerm)]

Jessica,

It isn’t illegal to digitize and post an entire book. It depends on the 
circumstances, whether those fall under fair use, or fall under something like 
Section 108(h) - which applies to works in their last 20 years of protection 
that are not being commercially exploited or available for sale at a reasonable 
price. I’m not going to engage in the current conversation about films (which, 
by the way, may also be digitized and streamed under Section 108(h) if the they 
meet the same criteria). I just wanted to clarify that it is not illegal to 
digitize entire works that are still under copyright under certain 
circumstances, so that others are aware.

mb

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

Michael Brewer | Librarian | Head, Research & Learning

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner
Sent: Tuesday, September 30, 2014 7:42 AM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Libraries that stream their own titles

You digitize and post an entire book on campus system. This is exactly what GSU 
did  BEFORE they were sued and then they took them down and  cut back to 
"chapters" or sections of books. This would again be the exactly the same as 
digitizing and streaming a film. You are taking an ENTIRE work digitizing it 
and putting up for many to access without paying for rights. Even the current 
GSU decision ( which did not go over well with the appeals court but no ruling 
has been issued) made it clear that you could not use entire works and they did 
in fact rule that 3 of the "portions" GSU did use probably violated "fair use" 
and sent them back ( though this is on hold because of the appeal).

Can anyone explain to me how it is illegal to digitize and post an entire book 
but legal to digitize and post an entire  film? When I asked this at ALA of one 
of the chief proponents I was told " that was an interesting question"

Personally I think it is part and parcel of the contempt that media works are 
given by libraries and academic institutions. They are somehow less worthy of 
copyright protection just as they are less worthy of targeted collection 
policies, budgets etc. (obviously folks on this list are often the exception 
but I find "AV" being more denigrated than ever before)


On Tue, Sep 30, 2014 at 9:56 AM, Richard Graham 
mailto:rgrah...@unl.edu>> wrote:
How do you stream a book?

Richard Graham
Associate Professor - Media Services Librarian

N220 Love Library
University of Nebraska-Lincoln
Lincoln, NE 68588-4100

phone: 402.472.5410
email: rgrah...@unl.edu



From: 
videolib-boun...@lists.berkeley.edu 
[videolib-boun...@lists.berkeley.edu]
 on behalf of Jessica Rosner [maddux2...@gmail.com]
Sent: Tuesday, September 30, 2014 8:40 AM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Libraries that stream their own titles

I appreciate the satire Dennis but I am still waiting for those who claim it is 
"fair use" to digitize and stream whole movies why they don't do the same with 
all books, from Catcher on the Rye to expensive textbooks. I mean if it "fair 
use" for films than who needs to pay for books ( or librarians)?

On Tue, Sep 30, 2014 at 8:58 AM, Dennis Doros 
mailto:milefi...@gmail.com>>>
 wrote:
Dear deg (and all),

I, on the other hand, will be found at Max's Tavern having a Grapefruit 
Margarita (after all, a grapefruit diet is very healthy) each time I read the 
word "fair use" in the report. I and Punxsutawney Phil should be coming out by 
February.

Having just spent $750+ on my son's text books for his freshman courses, I 
appreciate Jessica's suggestion of digitizing professor's text books much more. 
$300 for a text book that they'll never use after the semester versus $10 for a 
DVD of Casablanca that's "too expensive" for a professor's students to buy even 
though its ten times better quality than streaming and comes with context and 
content.

And for those in the group who don't know, deg and I are friends and I'm not 
disagreeing with him at all. He's just stating the facts. I'm just partaking of 
gallows humor -- I don't know if there's such a  thing as a Grapefruit 
Margarita and to be honest, Punxsutawney Phil and I stopped going out to bars 
together when he discovered that I had to use Google to spell his name 
correctly.




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

Visit our main website!  
www.milestonefilms.com
Visit 

Re: [Videolib] Alexander Street Criterion Collection?

[Brewer, Michael M - (brewerm)]

It isn't a purchase. Unlike many of ASP's other packages, the content in this 
one is licensed for a number of years. There is no option to purchase the 
content. The material is great as is the platform, but this one is really on a 
subscription model, not a purchase model.

mb

Michael Brewer | Librarian | Head, Research & Learning

-Original Message-
From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Maureen Tripp
Sent: Wednesday, August 27, 2014 8:27 AM
To: videolib@lists.berkeley.edu
Subject: [Videolib] Alexander Street Criterion Collection?

Hi Everyone,
I remember Cindy asked about this streaming collection a few months ago, but  . 
. . I don't remember what people said.  I want to know--has anyone purchased 
it? used it? is it worth it or no?
thanks,
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.

Re: [Videolib] Your reactions to streaming terms?

[Brewer, Michael M - (brewerm)]

That model and pricing is unlikely to result in wide usage of the film. We 
would certainly not license it under those terms. 
mb
On Aug 7, 2014, at 4:36 PM, Deg Farrelly wrote:

> I know what I have already said (to our licensing agent to pass along to the 
> filmmaker).  But I am curious as to my professional colleagues' take on these 
> terms to stream an independent self-distributed documentary film.
> 
> I am not interested in launching a discussion on the cost of producing a 
> documentary film, etc.   I put this out only to address the licensing terms.
> 
> 
> The licensing agreement for the streaming rights are limited to in-class 
> viewing of the film by the professor teaching the film and their students, or 
> by faculty who are considering teaching the film in other courses.
> 
> Technical Note: All uploads to the server must be performed in the 4x3 aspect 
> ratio NOT wide-screen 16x9. Any ratio other than 4x3 will be considered 
> alteration of the film.
> Rates:
> 
> 2-year streaming = $259 for institutions that already have the DVD
> $518 for institutions that do not have the DVD, and therefore need a DVD to 
> perform the secure upload.
> 
> Permanent classroom streaming rights are available at a flat fee of 4x the 
> institutional DVD rate, which is $1,036. For institutions that already have 
> the DVD, that is discounted to 3x the institutional rate, which is $777.00.
> 
> Use of the film for online and long-distance teaching requires an additional 
> $100 fee for the 2-year rate; if permanent classroom streaming rights are 
> purchased it is a one-time $100 fee.
> 
> 
> To show my hand, I have recommended that we walk away and not license the 
> video.
> 
> -deg
> 
> deg farrelly
> ShareStream Administrator/Media Librarian
> Arizona State University Libraries
> Tempe, AZ  85287-1006
> 602.332.3103
> 
> 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] Vendor for Russian films?

[Brewer, Michael M - (brewerm)]

Russian DVD.com was where I used to go when I bought in this area.  They tend 
to have a pretty broad selection, much of it just in Russian, but also quite a 
bit with subtitles in a lot of different languages. Looks like Kubanskie kazaki 
is out of stock at present, though.

http://www.russiandvd.com/store/

Ruscico is also good. http://www.ruscico.com/catalog/dvdsearch/?lang=1

Michael Brewer | Librarian | Head, Research & Learning

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Music Hunter
Sent: Wednesday, August 06, 2014 2:22 PM
To: videolib@lists.berkeley.edu; 'Hooper, Lisa K'
Subject: Re: [Videolib] Vendor for Russian films?

Hi Lisa,

We will send you an Excel listing overnight of the Russian DVDs that we can 
supply.

If anyone else on this list forum wants this listing, request it from 
musichunter...@gmail.com .

Your search for sound & video ends here!
Jay Sonin, General Manager
Music Hunter Distributing Company
4880 North Citation Drive, Suite # 101
Delray Beach, Florida 33445-6552
musichunter...@gmail.com
561-450-7152

From: 
videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Hooper, Lisa K
Sent: Wednesday, August 06, 2014 5:04 PM
To: videolib@lists.berkeley.edu
Subject: [Videolib] Vendor for Russian films?

Greetings everyone,

Does anyone know where I might find a vendor for Cossacks of the Kuban 
(Kubanski kazaki)? This hunt has also raised the question about vendors for 
historical Russian cinema. Any thoughts from the group on sources?

Thanks!
-lisa

Music & Media Librarian
Howard-Tilton Memorial Library
Tulane University
504.314.7822
www.facebook.com/TulaneMusicAndMediaCenter
http://musicmediacentertulane.tumblr.com/
http://bamboulanola.tumblr.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] Another 108 preservation copy question

[Brewer, Michael M - (brewerm)]

I agree if the license is not perpetual that you could make a case for 208. I 
think fmg does offer perpetual licenses for some titles.

Sent from my iPhone

On Jun 30, 2014, at 8:24 AM, "Stanton, Kim" 
mailto:kim.stan...@unt.edu>> wrote:

Kimberly,

Since you’ve found that FMG does sell a DVD copy of School this comment doesn’t 
apply to your situation BUT I disagree with Michael that availability through a 
streaming site automatically voids consideration for making a copy under 108. 
The Video At Risk guidelines argue that “online replacements of a work sold 
without a perpetual license for access to that work, should not be seen as an 
available replacement”.Your situation (losing access to Films on Demand) is 
a good example of why a  streaming version may not constitute an acceptable 
replacement.

http://www.nyu.edu/tisch/preservation/research/video-risk/


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


From: 
videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu> 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Brewer, Michael M - 
(brewerm)
Sent: Wednesday, June 25, 2014 12:58 PM
To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu>
Subject: Re: [Videolib] Another 108 preservation copy question

This would not be for preservation (since it is not a unique item), it would be 
for replacement of a damaged copy. However, if it is available through Films on 
Demand, you couldn’t really say that it is unavailable at a fair price in an 
unused copy. It is available in a different format (streaming) at a fair price, 
so 108 would not apply.

mb

From: 
videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu> 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Shotick, Kimberly
Sent: Wednesday, June 25, 2014 10:47 AM
To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu>
Subject: [Videolib] Another 108 preservation copy question

We have the videos in the PBS series School: The Story of American Public 
Education, but one tape is broken, and the others are in bad shape.  It is out 
of print, and I'd like to digitize it to preserve it.  In this case I am 
thinking of trying to ILL it and make a preservation copy--the VAR guide 
mentions this.  Also, it is available streaming via Films on Demand, which we 
are losing access to.  Am I missing something? I'm new to this preservation 
copy business, and I want to make sure I've dotted my I's and crossed my t's.
Thanks!

--
Kimberly Shotick, Librarian and MLRC Coordinator

Ronald Williams Library
Northeastern Illinois University
5500 North St. Louis Avenue, Chicago, IL 60625
Phone: (773) 442-4415

CMT Librarian Twitter<https://twitter.com/CMTLibrarian>

CMT Research Guide<http://libguides.neiu.edu/cmt>

www.neiu.edu<http://www.neiu.edu>








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

Re: [Videolib] Another 108 preservation copy question

[Brewer, Michael M - (brewerm)]

This would not be for preservation (since it is not a unique item), it would be 
for replacement of a damaged copy. However, if it is available through Films on 
Demand, you couldn’t really say that it is unavailable at a fair price in an 
unused copy. It is available in a different format (streaming) at a fair price, 
so 108 would not apply.

mb

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Shotick, Kimberly
Sent: Wednesday, June 25, 2014 10:47 AM
To: videolib@lists.berkeley.edu
Subject: [Videolib] Another 108 preservation copy question

We have the videos in the PBS series School: The Story of American Public 
Education, but one tape is broken, and the others are in bad shape.  It is out 
of print, and I'd like to digitize it to preserve it.  In this case I am 
thinking of trying to ILL it and make a preservation copy--the VAR guide 
mentions this.  Also, it is available streaming via Films on Demand, which we 
are losing access to.  Am I missing something? I'm new to this preservation 
copy business, and I want to make sure I've dotted my I's and crossed my t's.
Thanks!

--
Kimberly Shotick, Librarian and MLRC Coordinator

Ronald Williams Library
Northeastern Illinois University
5500 North St. Louis Avenue, Chicago, IL 60625
Phone: (773) 442-4415

CMT Librarian Twitter

CMT Research Guide

www.neiu.edu

[Image removed by sender.]





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] Alexander Street Press

[Brewer, Michael M - (brewerm)]

Our faculty and students love it.

Sent from my iPhone

> On Apr 4, 2014, at 1:42 PM, "Johanna Bauman"  wrote:
> 
> Hello all,
> 
> Our library is currently looking at Alexander Street Press as a solution for
> providing streaming video content to our patrons.  We started by previewing
> the art and architecture collection and were very pleased with the content.
> Comparing the quality of the video to something like Netflix or HBO Go,
> however, it doesn't seem to be quite as good.  We are concerned in the
> library that this is the kind of quality our patrons will be expecting,
> especially since we serve a community of artists and filmmakers who might be
> a bit less forgiving than others when it comes to image quality.  
> 
> Has anyone had experience with providing this collection and getting
> negative feedback about the quality from patrons?  Am I expecting too much
> from an academic streaming service?
> 
> Any thoughts the group might have would be most appreciated.  
> 
> With best wishes,
> 
> Johanna
> 
> +++
> Johanna Bauman
> Visual Resources Curator
> Pratt Institute Libraries
> 200 Willoughby Avenue
> Brooklyn, New York 11205
> 718-687-5745
> jbaum...@pratt.edu
> Pratt
> 
> 
> 
> 
> 
> 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] MOOCs

[Brewer, Michael]

MOOCs do pose a lot of problems because common educational exceptions do not 
generally apply. However, they also offer content holders or distributors 
access to a potential audience/market.  If these courses are all "open" (pretty 
much free), then people may not balk at shelling out some money for texts or 
access to content needed for the course. I believe there are a number of 
textbook publishers that are offering their content to MOOC takers for free 
(limited access) and then hoping that some of them will purchase the text for 
perpetual access after the MOOC ends. Film complicates things quite a bit, but 
I still think there could be potential for a market of some kind in the future.

mb

On Feb 21, 2014, at 10:00 AM, Shoaf,Judith P wrote:

> Nahum is worried about 
> "Universities that have online courses for people that just take a one time 
> course (MOOC) and in fact not registered students learning for a degree."
> 
> It seems to me that these Massively Open Online Courses, which are available 
> to anyone at all, do in fact pose a huge problem for educators. They don't 
> fit the definition of classroom use at all. It seems to me that some kinds of 
> classes simply can't be taught that way because they require extensive 
> copyright infringements (e.g. film history!). Moreover, using  a recent 
> documentary to teach a subject amounts pretty much to streaming that 
> documentary to the public. 
> 
> Is anyone worrying about this or is the whole thing too new/possibly 
> ephemeral?
> 
> Judy Shoaf
> 
> 
> 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] PBS Program

[Brewer, Michael]

Please use the Section 108 Spinner. It walks you through all of this and can 
provide you with a document that shows you've complied with the law (base on 
how you've responded to the tool). 

http://www.librarycopyright.net/resources/spinner/

Other copyright tools are here: http://www.librarycopyright.net/resources/ 

mb
 

Michael Brewer | Librarian | Team Leader for Instructional Services 

-Original Message-
From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Deg Farrelly
Sent: Wednesday, February 12, 2014 12:40 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] PBS Program

Rhonda

You do not need to contact anyone to request permission to copy your VHS to 
DVD, provided:

You meet the conditions of Section 108 of US Copyright law.
http://www.copyright.gov/title17/92chap1.html#108

1.  Legally acquired copy (of course)
2.  Lost, damaged, stolen, deteriorating, or obsolete format

3.  UNUSED copy unavailable for purchase 4.  At a reasonable price 5.  After a 
reasonable search

While VHS is not yet an obsolete format (obsolescence being defined as players 
still available in the marketplace), you can make a claim that it is * 
deteriorating *

Research by Walter Fosberg for the Video at Risk grant clearly established that 
most VHS tape is deteriorating.  He presented this information at a National 
Media Market session in November (Hint:  a strong reason to attend the National 
Media Market is the professional development sessions).  And I understand that 
a journal article publishing the study is due sometime this year.

Copyright does not define "reasonable".  But it appears you have already tried 
to find a replacement.  If you could find a new VHS recording you could not 
apply Section 108.

Copyright also allows you to make up to 3 copies if digital (DVD is
digital)

One limitation of Section 108 is that it prohibits use of the copies outside of 
the library.  But Section 108 says that nothing in 108 precludes Section 107 
(Fair Use)

Some media librarians maintain that if the original material was acquired for 
the intent of classroom use/circulation, then a Fair Use claim may be made to 
allow ONE of the 3 copies to be used in that manner.  Personally, I would only 
allow one copy to be used in any manner.

And, I would not dispose of the VHS tape, but put it in storage.

Hope this information in useful.

deg farrelly, ShareStream Administrator/Media Librarian Arizona State 
University Libraries Hayden Library C1H1 P.O. Box 871006 Tempe, Arizona  
85287-1006
Phone:  602.332.3103






>Date: Wed, 12 Feb 2014 09:42:37 -0500
>From: Rhonda Pancoe 
>
>I have been trying to find a DVD copy of the 1999 Frontline documentary 
>*The Triumph of Evil *to upgrade our VHS copy but I'm beginning to 
>think it doesn't exist.  Does anybody know whom I can contact to ask 
>permission to copy our VHS to DVD to preserve it or am I crazy to think 
>that's possible?
>
>Rhonda Pancoe
>Media Acquisitions Coordinator
>Colgate University
>13 Oak Drive
>Hamilton, NY  13346
>315-228-7858 Phone
>315-228-6227 Fax
>rpan...@colgate.edu


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

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

[Videolib] Prof Jaszi's testimony at fair use hearing

[Brewer, Michael]

All,

I thought Videolibers might like to take a look at Peter Jaszi's testimony on 
Fair Use.  It really helps provide a broader context for its continued 
importance. He also has some interesting ideas about ways to improve support 
for fair use without changing anything in Section 107.

Peter Jaszi's full testimony:
http://tinyurl.com/jaszi-jan28

mb

Michael Brewer | Librarian | Team Leader for Instructional Services

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

Re: [Videolib] FW: [slavcin-l] Fwd: [SEELANGS] Performance Rights

[Brewer, Michael]

Thanks. I'll forward your suggestions on.
mb

Michael Brewer | Librarian | Team Leader for Instructional Services

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner
Sent: Friday, October 25, 2013 12:54 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] FW: [slavcin-l] Fwd: [SEELANGS] Performance Rights

I only tried the first one but is a bitch. Basically seems not have played 
outside of Russia at all so you are really going to have to dig to find rights 
holder. It was in the Moscow Film Fest in 2010 so that might be your best lead. 
There appears to have been possibly legit release from Soyez Video but they 
don't seem to be around. You might just contact Mosfilm , it may not be theirs 
but they are so freaking dominant that they may be able to help you track it. 
Try the same with the 2nd title
Sadly a perfect example of how hard it is to get ANY rights to most foreign 
films. It is  not that they don't have rights holders but since the 
overwhelming majority don't get US distribution, tracking them down can be 
really difficult and this film is less than 15 years old, it usually gets worse 
with older ones.


On Fri, Oct 25, 2013 at 1:54 PM, Brewer, Michael 
mailto:brew...@u.library.arizona.edu>> wrote:
Jessica,

Can you help me help this guy on this one?

mb

Michael Brewer | Librarian | Team Leader for Instructional Services

From: sashaprokho...@gmail.com<mailto:sashaprokho...@gmail.com> 
[mailto:sashaprokho...@gmail.com<mailto:sashaprokho...@gmail.com>] On Behalf Of 
Alexander Prokhorov
Sent: Friday, October 25, 2013 9:50 AM
To: slavci...@wm.edu<mailto:slavci...@wm.edu>
Subject: [slavcin-l] Fwd: [SEELANGS] Performance Rights


-- Forwarded message --
From: Benjamin Rifkin mailto:rif...@tcnj.edu>>
Date: Fri, Oct 25, 2013 at 12:43 PM
Subject: [SEELANGS] Performance Rights
To: seela...@listserv.ua.edu<mailto:seela...@listserv.ua.edu>


Dear SEELANGers:

I would be grateful if anyone could tell me where I could get performance 
rights to have public showings of Panfilov's film The Romanovs: An Imperial 
Family (Romanovy: Ventsenosnaia sem'ia) and Kravchuk's film Admiral.

Thanks very much.

Sincerely,

Ben Rifkin
The College of New Jersey

-
  Use your web browser to search the archives, control your subscription
  options, and more.  Visit and bookmark the SEELANGS Web Interface at:
http://seelangs.wix.com/seelangs
-



--
Alexander Prokhorov, Ph.D.
Associate Professor of Russian
Russian Section Coordinator
College of William and Mary

http://www.wm.edu/as/modernlanguages/russian

http://www.wm.edu/as/globalstudies/russianpostsov

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] FW: [slavcin-l] Fwd: [SEELANGS] Performance Rights

[Brewer, Michael]

Jessica,

Can you help me help this guy on this one?

mb

Michael Brewer | Librarian | Team Leader for Instructional Services

From: sashaprokho...@gmail.com [mailto:sashaprokho...@gmail.com] On Behalf Of 
Alexander Prokhorov
Sent: Friday, October 25, 2013 9:50 AM
To: slavci...@wm.edu
Subject: [slavcin-l] Fwd: [SEELANGS] Performance Rights


-- Forwarded message --
From: Benjamin Rifkin mailto:rif...@tcnj.edu>>
Date: Fri, Oct 25, 2013 at 12:43 PM
Subject: [SEELANGS] Performance Rights
To: seela...@listserv.ua.edu


Dear SEELANGers:

I would be grateful if anyone could tell me where I could get performance 
rights to have public showings of Panfilov's film The Romanovs: An Imperial 
Family (Romanovy: Ventsenosnaia sem'ia) and Kravchuk's film Admiral.

Thanks very much.

Sincerely,

Ben Rifkin
The College of New Jersey

-
  Use your web browser to search the archives, control your subscription
  options, and more.  Visit and bookmark the SEELANGS Web Interface at:
http://seelangs.wix.com/seelangs
-



--
Alexander Prokhorov, Ph.D.
Associate Professor of Russian
Russian Section Coordinator
College of William and Mary

http://www.wm.edu/as/modernlanguages/russian

http://www.wm.edu/as/globalstudies/russianpostsov
You can read archived messages under https://lists.wm.edu/wws/arc/slavcin-l
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] Streaming Rights - House of Sand and Fog

[Brewer, Michael]

Jo Ann,

What does "length of time you want to stream it" mean? Does that mean the 
period of time during which it will be available to students (e.g. a particular 
semester or a few weeks during a semester during which students could access 
the title through a CMS, etc.)? Or does it mean the total amount of streaming 
that occurs (e.g., just a few hours if it is streamed to a single class, versus 
hundreds of hours if students individually stream it to their desktops and 
watch it individually and asynchronously)?

mb

Michael Brewer | Librarian | Team Leader for Instructional Services

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jo Ann Reynolds
Sent: Thursday, September 12, 2013 7:46 AM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Streaming Rights - House of Sand and Fog

I just called Criterion and it seems they are streaming to institutions. They 
charge for the MP4 and the length of time you want to stream.

Negotiate! I was able to reduce the price somewhat by buying multiple titles. 
We haven't inked any agreement yet but I am pursuing.

Best,
Jo Ann

Jo Ann Reynolds
Reserve Services Coordinator
University of Connecticut Libraries
369 Fairfield Road, Unit 1005RR
Storrs, CT  06269-1005
jo_ann.reyno...@lib.uconn.edu
860-486-1406
860-486-5636 (fax)
http://classguides.lib.uconn.edu/mediaresources



From: 
videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner
Sent: Wednesday, September 11, 2013 4:09 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Streaming Rights - House of Sand and Fog

It went over to Criterion Pictures USA but I am unclear if there streaming is 
set up yet.
Here is link for listing and in general I would try them for any title Swank 
used to have as there is a lot of shuffling

http://media2.criterionpic.com/htbin/wwform/014?TEXT=R6084263-6087934-/CA/WWI770.HTM

On Wed, Sep 11, 2013 at 4:02 PM, Linkous, Kimberly A. 
mailto:klink...@stlcc.edu>> wrote:
Hello -

It seems Swank has lost the rights to this film.  Does anyone know of another 
source for streaming rights?

Thank you,
Kimberly Linkous
St. Louis Community College

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] Section 108 provisions

[Brewer, Michael]

I they go beyond the work they’ve already done, I hope that will be summarized 
here as well.  Anyone who has not yet read their report/white paper (here: 
http://www.nyu.edu/tisch/preservation/research/video-risk/VideoAtRisk_SECTION108_Guidelines_2013.pdf
 ) definitely should. Very good work.

mb

Michael Brewer | Librarian | Team Leader for Instructional Services

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jeanne Little
Sent: Wednesday, September 11, 2013 2:16 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Section 108 provisions

I hope someone (Deg?) can give those of us who cannot attend this year an 
overview of what was discussed during this session.

Thanks!

Jeanne Little

On Wed, Sep 11, 2013 at 3:51 PM, Deg Farrelly 
mailto:deg.farre...@asu.edu>> wrote:
Thank you Michael.

The issues of replacing lost, damaged, deteriorating, stolen, and obsolete
format videos are rapidly expanding for many of us with large VHS
collections.

These issues are at the foundation of the Video at Risk project.  One of
the first public programs addressing the work of the VAR project will be
the professional development session to be presented at this year's
National Media Market, November 3-7.

Howard Besser, Melissa Brown, and Walter Forsberg, all from New York
University will present the opening session:  ³Video At Risk: Strategies
for Preserving Commercial Video Collections in Research Libraries²

Sure to be valuable information for all of us!

More information on the National Media Market and the other Professional
Development sessions here:
http://nmm.net   and here:  http://www.nmm.net/2013-sessions/



deg farrelly, Media Librarian
Arizona State University Libraries
Hayden Library C1H1
P.O. Box 871006
Tempe, Arizona  85287-1006
Phone:  602.332.3103

---

http://tinyurl.com/AboutNMM
To market, to market, to find some fresh filmŠ
I'm attending the 2013 National Media Market, November 3-7
In Charleston, South Carolina.  See you there?



On 9/11/13 12:28 PM, 
"videolib-requ...@lists.berkeley.edu"
mailto:videolib-requ...@lists.berkeley.edu>>
 wrote:

>While it might not be a great copy (and would have to suffice until the
>work is rereleased), remember that it is legal under Section 108 to
>create a replacement copy if your library copy is stolen, lost, damaged,
>etc. if an unused copy is not available at a reasonable price.  I read
>that to mean that an unused copy is not being marketed or readily
>available for sale. Your library may want to go beyond just checking the
>marketplace and try to contact the copyright holder to see if a
>replacement copy is available.  Either way, you should be able to replace
>your current copy (either with one you can purchase, or by making a
>copy).  If you transfer to a DVD, 108 states that the copy cannot be
>circulated to the public outside of the library. That, too, has been
>understood in different ways by different libraries, and you'll want to
>internally decide what that means for your library and how you will
>comply.
>
>mb
>
>Michael Brewer | Librarian | Team Leader for Instructional Services
>


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.



--
Rod Library - Room 250
Collection Management & Special Services
University of Northern Iowa
Cedar Falls, IA  50613-3675
319-273-7255
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] Lysistrata?

[Brewer, Michael]

While it might not be a great copy (and would have to suffice until the work is 
rereleased), remember that it is legal under Section 108 to create a 
replacement copy if your library copy is stolen, lost, damaged, etc. if an 
unused copy is not available at a reasonable price.  I read that to mean that 
an unused copy is not being marketed or readily available for sale. Your 
library may want to go beyond just checking the marketplace and try to contact 
the copyright holder to see if a replacement copy is available.  Either way, 
you should be able to replace your current copy (either with one you can 
purchase, or by making a copy).  If you transfer to a DVD, 108 states that the 
copy cannot be circulated to the public outside of the library. That, too, has 
been understood in different ways by different libraries, and you'll want to 
internally decide what that means for your library and how you will comply.

mb

Michael Brewer | Librarian | Team Leader for Instructional Services

On Wed, Sep 11, 2013 at 2:31 PM, Rosen, Rhonda 
mailto:rhonda.ro...@lmu.edu>> wrote:
Does anyone know if this is available for purchase on DVD...our old VHS is 
dying...Rhonda

Aristophanes' Lysistrata
Aristophanes.;  Giannes Negrepontes;  Nikos Kavou Kide;  Kostas Kazakos;  Tzene 
Kareze;  Giorvos Zervoulakos
2010
Greek, Modern [1453- ] [Description: Visual Material]  Visual Material : 
Videorecording : [Description: DVD video]  DVD video 1 videodisc (97 min.) : 
sd., col. ; 4 3/4 in.
[New York] : New York Film Annex,
Lysistrata is an Athenian woman disgusted by the way men have ruined the 
country with their endless wars. Rallying the other women, she proposes they 
impose an embargo on sexual relations with their men as long as the war lasts. 
This "sex strike," reluctantly agreed to and not always enthusiastically 
observed, finally brings the men to their knees.


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.

Re: [Videolib] Subtitled copy of The Great Beginning (Chlen pravitelstva) / Tanya (Svetlyy put)

[Brewer, Michael]

Svetlyi put' is available for free in streaming format on the Mosfil'm site 
with subtitles (not great, but they are there): 
http://cinema.mosfilm.ru/films/film/1940-1949/svetliy-put/

I don't think Chlen pravitel'stva is available with English subtitles.

mb

Michael Brewer | Librarian | Team Leader for Instructional Services

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Brian W Boling
Sent: Friday, August 23, 2013 8:04 AM
To: videolib@lists.berkeley.edu
Subject: [Videolib] Subtitled copy of The Great Beginning (Chlen pravitelstva) 
/ Tanya (Svetlyy put)

Hello CW,
A professor would like us to acquire subtitled copies of the two above films 
for her course on Russian Women's Voices.  All of the copies I've found on 
Worldcat, online, etc. appear to be both out-of-print and lacking in subtitles. 
 Can anyone help me locate a legitimate copy on DVD (any region coding and 
standard okay) or on NTSC VHS?
Thanks!

Brian Boling
Media Services Librarian
Temple Universtiy Libraries
brian.bol...@temple.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] captured news video on vhs: worth transferring to dvd?

[Brewer, Michael]

I would suggest that the reformatting is covered by Section 108.

As far as having/making/keeping the copies at all, I think the main thing is to 
consider the social benefit in relation to the potential harm to the copyright 
holder or market for the work. Since there really is no market (the content is 
not being actively exploited commercially), I see this as a pretty easy call 
(as fair use), especially if you can be fairly certain that the use of the 
content will be for non-profit educational and research/scholarly purposes.

108 does require you not circulate the digital/DVD content to the public 
outside the library (though there is some debate on whether or not use in the 
classroom constitutes a circulation to the public). Personally, I think the 
reformatting (or the circulation to the classroom or for other 
educational/research purposes) would also fall under fair use.

Either way, it would be a good idea for you to document your thinking/rationale 
should you decide to do this reformatting.

mb

Michael Brewer | Librarian | Team Leader for Instructional Services

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Windsor, Matthew
Sent: Thursday, July 25, 2013 11:22 AM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] captured news video on vhs: worth transferring to dvd?

The Sony time shift ruling might cover the works as long as they were not 
digitized or publicly shown.  The court ruling did state the videos could be 
shared for personal use as covered by fair use. (As long as the collection was 
not a systematic, deliberate attempt to archive a series of copyright events as 
a whole)...a lot of variables on this.

Matthew

Matthew Windsor
Systems and Media Services Librarian
Hendrix College

Sent from my iPhone

On Jul 25, 2013, at 12:57 PM, "Jeanne Little" 
mailto:jeanne.lit...@uni.edu>> wrote:
I would question the legality and possible copyright infringement on 
maintaining videos recorded off of television, even if they were kept in-house 
and not circulated outside of the Library. I know from dealing with PBS in the 
past, that they have a time-limit on the length of time you may retain a 
recorded program from their station for educational use, unless they held all 
of the copyright for the program. I would suspect that stations such as NBC, 
CBS, etc. would not be amendable to these titles being taped and retained for 
public consumption.

Just my two cents...

Jeanne Little

Rod Library
University of Northern Iowa

On Thu, Jul 25, 2013 at 10:50 AM, Maureen Tripp 
mailto:maureen_tr...@emerson.edu>> wrote:
From about 1981 to 2001 my media department routinely recorded news off-air—not 
regular broadcasts, but coverage of events like inaugurations, presidential 
debates, Democratic and Republican national conventions, state of the union 
addresses, as well as special events we considered newsworthy, like Saddam 
Hussein and Dan Rather, and Nixon on Meet the Press.
These recordings are on VHS.  A lot of this material, like coverage of 9/11, is 
on youtube.  I wonder, though, if it is worth transferring our vhs material to 
dvd?  Might stuff on youtube go away at some point?
I also wonder about the ethics of doing this.  We would keep these DVDs for 
inhouse viewing only.
I’d really appreciate your thoughts—


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.



--
Rod Library - Room 250
Collection Management & Special Services
University of Northern Iowa
Cedar Falls, IA  50613-3675
319-273-7255
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] Institutional pricing on Amazon

[Brewer, Michael]

We used to do this (though, at the time, those of us doing the actual 
selection, but not the ordering, didn't know it), I think because it was either 
easier, or seemed less risk averse.  After much conversation, I believe I was 
able to change our practice (though I am not longer in charge of selection, so 
I am not entirely sure what the case is these days). It was never something 
that we TRIED to do (which makes us different than USC), but if our ordering 
staff had a choice, I think they used to always purchase the "institutional" or 
"educational" license. 

mb

Michael Brewer
University of Arizona Libraries
brew...@u.library.arizona.edu


-Original Message-
From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Laura Jenemann
Sent: Wednesday, July 24, 2013 1:19 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Institutional pricing on Amazon

This discussion brings up an interesting question: are there other institutions 
like USC that try to buy the documentary at the institutional price, even when 
it is available at a cheaper one?

Just (highly) curious!

Best wishes,

Laura

Laura Jenemann
Film Studies/Media Services Librarian
Johnson Center Library
George Mason University
4400 University Drive MS 1A6
Fairfax VA, 22030
Phone: 703-993-7593
Email: ljene...@gmu.edu

On 7/24/2013 3:59 PM, Anthony Anderson wrote:
> Jessica! It is USC's policy to endeavor to always order all 
> documentaries (and we order a lot!) at the institutional
>
> price. But then perhaps USC is a special case because (among other
> things) its:
>
> *Close proximity to the film industry
>
> *Large size
>
> *Perceived "wealth"
>
> *Own very prominent film school (including a very active documentary
> program)
>
> What other universities and college choose to do, is their business 
> and not for me to judge.
>
> I am hardly happy at having to shell out all the extra money to 
> purchase documentaries, but if the
>
> documentary distribution business in this country is going to remain 
> financially viable, I see
>
> currently no other alternative. But, again, this is strictly my own 
> personal opinion and have no
>
> desire to impose it upon others.
>
> Cheers!
> Anthony
>
> *From:*videolib-boun...@lists.berkeley.edu
> [mailto:videolib-boun...@lists.berkeley.edu] *On Behalf Of *Jessica 
> Rosner
> *Sent:* Wednesday, July 24, 2013 12:16 PM
> *To:* videolib@lists.berkeley.edu
> *Subject:* Re: [Videolib] Institutional pricing on Amazon
>
> Anthony,
>
> I LOVE your support of documentary films but an increasing number are 
> not exactly "indie". I see no reason to pay $300 for SEARCHING FOR 
> SUGAR MAN" unless you need PPR or streaming. The bigger point is that 
> filmmakers  & distributors can't have it both ways in terms of selling 
> cheap copies on Amazon or through other third parties but wanting 
> Institutions to pay more. I work directly with a number doc filmmaker 
> and explain that once they decide to sell through third parties they 
> can't expect institutions to pay more unless they need extra rights.  
> On the other hand I admit I am increasingly frustrated by institutions 
> which stream whole movies without paying for them.
>
> PS You will be the first place in the US for the James Joyce Doc. The 
> director is OK selling a copy and there won't be any retail sales for 
> a long, long time.
>
> On Wed, Jul 24, 2013 at 3:09 PM, Anthony Anderson  > wrote:
>
> This is a topic which has come repeatedly come up here on this list.
>
> Personally I believe that if you are at a university or college, and 
> wishing to procure a particular
>
> documentary film, it is best to always order it from the distributor 
> authorized to sell the film to the
>
> institutional market. Leave Amazon for feature films.
>
> Best,
>
> Anthony
>
> ***
>
> Anthony E. Anderson
>
> Assistant Director, Doheny Memorial Library
>
> University of Southern California
>
> Los Angeles, CA 90089-0182
>
> (213) 740-1190  antho...@usc.edu 
> 
>
> "Wind, regen, zon, of kou,
>
> Albert Cuyp ik hou van jou."
>
> 
>
> *From:*videolib-boun...@lists.berkeley.edu
> 
> [mailto:videolib-boun...@lists.berkeley.edu
> ] *On Behalf Of *Moshiri, 
> Farhad
> *Sent:* Wednesday, July 24, 2013 11:37 AM
> *To:* videolib@lists.berkeley.edu 
> *Subject:* [Videolib] Institutional pricing on Amazon
>
> Recently, I have noticed different prices for the same DVD on Amazon.
> Home use, non-profit, universities, etc. I was wondering how this can 
> be controlled? Does Amazon tells you that you cannot buy home use 
> because you are a university? In addition, I don't think purchasing 
> from Amazon is a contract as opposed to purchasing directly from the 
> vendor and accepting their terms.

Re: [Videolib] rights to Circus

[Brewer, Michael]

Here is a response from Janice Pilch, who is a specialist in this area.

mb

The Uruguay Round Agreements Act (1994) is the legislation that implemented 
copyright restoration in the United States. Copyright restoration applies in 
the U.S. to eligible foreign works regardless of whether the country of origin 
of the works signed GATT. Copyright restoration is a one-way obligation for the 
United States, based on mutual membership of the U.S. and the country of origin 
in one of the following: the Berne Convention, the WIPO Copyright Treaty, The 
WIPO Performances and Phonograms Treaty, a presidential proclamation (bilateral 
copyright agreement between the two countries), or membership in the WTO. 
Because the U.S. joined Berne in 1989 and the Russian Federation joined in 
1995, the U.S. was obliged to restore copyright in eligible works created or 
published on the territory of the Russian Federation from the date that 
copyright restoration under the URAA went into effect in the U.S. on January 1, 
1996.

As to whether Aleksandrov's Circus (Tsirk), 1936, is protected by copyright 
today in the U.S., first you need to determine who were considered the 
copyright holders in the film originally and then you need to determine whether 
their copyrights had expired in the RF when copyright restoration went into 
effect for the RF in the U.S. You would have to see an original copyright of 
the film, or see an original contract, to know exactly who had/has copyrights 
in the original film- but almost certainly the original copyright holders 
included the director, the scriptwriter, and the composer/s.

I see that the director of the film was Grigori Aleksandrov. He died in 1983. 
This means that the film was still in copyright in the Russian Federation on 
January 1, 1996 when the U.S. was obliged to restore copyright in Russian works 
whose copyrights had not expired in Russia. This is the answer- copyright was 
restored and the film is likely copyrighted in the U.S. for 95 years from date 
of "publication" which is likely the date of release. It's probably protected 
in the U.S. through 2031.

Without all the facts it's not possible to be completely certain about this, 
but I think we have enough facts to say that this is the likely legal status of 
the film in the U.S.

Best regards,

Janice Pilch

--
Janice T. Pilch
Copyright and Licensing Librarian
Rutgers University Libraries
Tel. (848) 932-7505 or (848) 932-5944


Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner
Sent: Monday, June 24, 2013 10:31 AM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] rights to Circus

In theory all the Soviet productions belong to Mosfilm which should have a web 
site. There is however some confusion as to if they are in fact under 
copyright. I am not sure the Russians ever signed GATT and without that they 
would not be eligible for US copyright having never registered their films in 
the first place. I will if anyone knows the answer to that one.

On Mon, Jun 24, 2013 at 1:15 PM, Thomas, Judith (jet3h) 
mailto:je...@eservices.virginia.edu>> wrote:
Our crack media librarian, Matt Ball, is sailing the high seas this summer with 
Semester at Sea, and I'm trying to pick up some of his media librarian 
requests.  Here's one that has me stumped:

Does anyone know the rights status or rights holder of Aleksandrov's Circus 
(Tsirk), 1936?

I'd appreciate any information -

thanks,

judy






Judith Thomas
Director, Arts and Media Services
University of Virginia Library
434.924.8814   / 
jtho...@virginia.edu




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

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

Re: [Videolib] rights to Circus

[Brewer, Michael]

I'm certain this is under copyright.  Much of this was retroactively protected 
at some point.  Not sure when that happened, but it is now protected.  I'll get 
the full story and post to the list.

mb

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner
Sent: Monday, June 24, 2013 10:31 AM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] rights to Circus

In theory all the Soviet productions belong to Mosfilm which should have a web 
site. There is however some confusion as to if they are in fact under 
copyright. I am not sure the Russians ever signed GATT and without that they 
would not be eligible for US copyright having never registered their films in 
the first place. I will if anyone knows the answer to that one.

On Mon, Jun 24, 2013 at 1:15 PM, Thomas, Judith (jet3h) 
mailto:je...@eservices.virginia.edu>> wrote:
Our crack media librarian, Matt Ball, is sailing the high seas this summer with 
Semester at Sea, and I'm trying to pick up some of his media librarian 
requests.  Here's one that has me stumped:

Does anyone know the rights status or rights holder of Aleksandrov's Circus 
(Tsirk), 1936?

I'd appreciate any information -

thanks,

judy






Judith Thomas
Director, Arts and Media Services
University of Virginia Library
434.924.8814   / 
jtho...@virginia.edu




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

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

[Videolib] Interesting news on happy birthday

[Brewer, Michael]

Thought the list might enjoy seeing this one

http://money.cnn.com/2013/06/14/news/companies/happy-birthday-lawsuit/index.html?hpt=hp_t2

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries, A204
P.O. Box 210055
Tucson, AZ  85721-0055
Tel: (520) 307-2771
Fax: (520) 626-7444
brew...@u.library.arizona.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] screenplay - How To Lose A Guy in 10 Days

[Brewer, Michael]

Remember that if a book or other print resource is unavailable for purchase at 
a reasonable price (new or used), Section 108 allows a holding library to make 
a copy of that entire work for a requesting customer or library (which becomes 
the property of the user), as long as the purpose is scholarship, research, or 
private study. See the Section 108 Spinner for more information 
http://librarycopyright.net/resources/spinner/

If there are libraries with copies of this script (in a “version” that would be 
acceptable), you could ask them to make you a copy/scan under Section 108.

mb

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Wochna, Lorraine
Sent: Friday, March 15, 2013 1:33 PM
To: videolib@lists.berkeley.edu
Subject: [Videolib] screenplay - How To Lose A Guy in 10 Days

Hi CW,

I have a patron looking for this screenplay, and for the life of me, I am 
unable to locate a copy for purchase.  There is a less than perfect attempt at 
uploading on Drews Script o Rama, and I see a few libraries happen to have a 
‘version’ of the script, but nothing I can get my hands on.

Any thoughts?  I checked worldcat and various publishers.  It really does not 
look like the final screenplay is available.

Thanks for any help,
lorraine




lorraine wochna
Alden Library, Ohio University
Instruction Coordinator
Subjects:  African American Studies | English | Film |Theatre
T: 740 597 1238
http://libguides.library.ohiou.edu/profile/lorraine

[Description: film image for sig]


<>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] Streetcars and trolleys

[Brewer, Michael]

Man with a Movie Camera


Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Nellie J Chenault
Sent: Friday, March 15, 2013 10:35 AM
To: videolib@lists.berkeley.edu
Subject: [Videolib] Streetcars and trolleys

Hi, looking for images in films or TV of buses, streetcars or trolleys.

The Graduate
The Big Bus
Frida
Streetcar Name Desire
Meet Me in St. Louis

Thanks!

Nell Chenault
Research Librarian for Film and Performing Arts
VCU Libraries

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] Emails like this

[Brewer, Michael]

Never.
mb

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu


-Original Message-
From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Mary Hanlin
Sent: Friday, February 15, 2013 12:04 PM
To: 'videolib@lists.berkeley.edu'
Subject: [Videolib] Emails like this

Hi All,

I've been schooled, so I understand the fallacy in the emailer's 
argument/request.  My question, particularly those who don't have ready access 
to institutional counsel, is how do you handle emails like these?  Do you 
even respond?

Dear Ms. X,

We recently noticed that you have a copy of My Perestroika in your library's 
collection. We are thrilled! This critically acclaimed documentary enables 
students to better understand Soviet and Post-Soviet life by following the 
lives of 5 Russians who were part of the last generation to live under the Iron 
Curtain. My Perestroika, which recently received a 2012 Peabody Award, is 
useful in a wide-variety of disciplines, including History, Anthropology, 
Political Science, and Sociology. At the bottom of this email, I have included 
just a few examples of what professors have said about the film (for more 
examples, please visit our website).

According to our records, it seems that your library may have inadvertently 
purchased the copy of My Perestroika distributed by New Video/Docurama. 
Unfortunately, this version is for home use only. The only version of My 
Perestroika that is legally licensed for educational use is distributed by New 
Day Films. In order, for independent films such as My Perestroika to exist for 
use in teaching, and so they can continue to be made in the future by 
non-profit filmmakers such as Ms. Hessman, it is critical that institutions 
purchase the appropriate version.

We realize that the cost of the educationally licensed dvd may not fit within 
your college's budget. The price was determined by the cost of making the film 
which, unfortunately, was very high (over 800k) particularly since Soviet 
archival and music rights were very expensive. We have discussed the price 
issue with our distributor and we are willing to offer you a one-time discount 
to purchase the educationally licensed dvd at the extremely reduced price of 
$150. You can purchase the film for at this special price by clicking here 
(http://www.newday.com/films/myperestroika.html). On the online ordering form, 
just select the button for the K-12 schools ($150 option). As you continue 
through the purchasing process, there will be a place for Special 
Instructions/Comments. In that box, please write "approved purchase at high 
school rate." We also ask that you also please remove the Home Video DVD (New 
Video / Docurama) version from your library catalogue immediately.

Thank you in advance for your assistance, and please let me know if you have 
any questions or concerns.


Mary Hanlin
Media Collection Development Librarian
and Adjunct English Instructor
Tidewater Community College, Portsmouth
120 Campus Drive,
Portsmouth, Virginia 23701
P: 757-822-2133
F: 757-822-2149
mhan...@tcc.edu





Dear Ms. X,

We recently noticed that you have a copy of My Perestroika in your library's 
collection. We are thrilled! This critically acclaimed documentary enables 
students to better understand Soviet and Post-Soviet life by following the 
lives of 5 Russians who were part of the last generation to live under the Iron 
Curtain. My Perestroika, which recently received a 2012 Peabody Award, is 
useful in a wide-variety of disciplines, including History, Anthropology, 
Political Science, and Sociology. At the bottom of this email, I have included 
just a few examples of what professors have said about the film (for more 
examples, please visit our website).

According to our records, it seems that your library may have inadvertently 
purchased the copy of My Perestroika distributed by New Video/Docurama. 
Unfortunately, this version is for home use only. The only version of My 
Perestroika that is legally licensed for educational use is distributed by New 
Day Films. In order, for independent films such as My Perestroika to exist for 
use in teaching, and so they can continue to be made in the future by 
non-profit filmmakers such as Ms. Hessman, it is critical that institutions 
purchase the appropriate version.

We realize that the cost of the educationally licensed dvd may not fit within 
your college's budget. The price was determined by the cost of making the film 
which, unfortunately, was very high (over 800k) particularly since Soviet 
archival and music rights were very expensive. We have discussed the price 
issue with our distributor and we are willing to offer you a one-time discount 
to purchase the educationally licensed dvd at the extremely reduced price of 
$150. You can purchase the film for at this special price by clicking here 
(http://www.newday.com/films/myperestr

Re: [Videolib] Brief Summary on the Copyright Exceptions for Libraries in the Digital Age: Section 108 Reform

[Brewer, Michael]

Thanks for the update.  One questions. In my reading of 108, making digital 
copies of ILL articles is already legal (since the law says nothing about the 
format in the part of the law having to do with making copies for users). Did 
anyone bring that up?

mb

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Hutchison, Jane
Sent: Tuesday, February 12, 2013 12:48 PM
To: videolib@lists.berkeley.edu
Subject: [Videolib] Brief Summary on the Copyright Exceptions for Libraries in 
the Digital Age: Section 108 Reform

Jane Hutchison and deg farrelly attended the symposium "Copyright Exceptions 
for Libraries in the Digital Age: Section 108 Reform" on Friday, February 8th 
at Columbia Law School presented in cooperation with the US Copyright Office.

Panelists and attendees consisted primarily of attorneys, publishers and 
librarians.  Notable panelists included Maria Pallante (U.S. Register of 
Copyrights), Richard Rudnick (General Counsel John Wiley & Sons), Laura Gasaway 
(University of North Carolina School of Law), Mark Seeley (Elsevier) Kenneth 
Crews (Columbia University), Jonathan Band, and Paul Aiken (Authors Guild).  
The symposium consisted of four sessions:

1)  The Legal Landscape
2)  Section 108 Issues other than Mass Digitization
3)  To What Extent Should Libraries be Permitted to Engage in Mass Digitization 
of Published Works and for What Purposes, and
4)  What Should be the Conditions on Libraries Digitizing, Maintaining and 
Making Available Copyrighted Works.

Several panelists participated in the 2005 Study Group on 108 that made 
specific recommendations and conclusions for further discussion.  Those 
recommendations are available here:  
http://www.section108.gov/docs/Sec108StudyGroupReport.pdf.

The options presented to the audience was whether 108 should be kept as it, 
repealed or reformed.  There was obviously no agreement across the panelists or 
the audience.  Jonathan Band posited that reopening 108 to legislative action 
is a danger considering the current state of affairs with the legislators and 
lobbyists and could result in losing or severely limiting the protections that 
libraries already have with Section 108.  Others felt that the 2005 Study 
Group's recommendations should be considered and perhaps extended.

Howard Besser said that the US Copyright Office should consider the Mellon 
Foundations Videos at Risk project and that a national database of "orphan 
videos" would be advantageous so that each library doesn't have to perform a 
comprehensive search.

Jane Ginsburg at Columbia Law School updated the audience on international 
movements regarding orphan works and mass digitization.  France developed a 
formula for orphan works that gave authors and publishers the right to opt-out. 
 In addition others, such as Laura Gasaway discussed preserving web sites and 
streaming of TV News as well as the right to make digital copies of ILL 
articles.

A librarian brought up the issue of eBooks and the fact that library 
collections are shrinking and that preservation is and will be a problem if 
libraries don't own the works.  Specific examples of this issue include the 
soundtrack to the film Up, and the Netflix series House of Cards both of which 
do not exist in tangible hard copy. Two issues emerged from orphan works:  
preservation and access.  Who and how will it be carried.  It was agreed that 
it is an expensive undertaking to digitize works and that libraries would not 
go to the extent unless the item was considered worth their while to preserve.

Brandon Butler mentioned the Code of Best Practices for Fair Use in Academic 
and Research Libraries as one way to follow a community of users in making 
copies and preserving works.  Kenneth Crews, one of the panelists stated that 
there is an illusion of balance with certainty and that uncertainty is always 
an element.  Therefore one should nurture a robust fair use.

We believe the Library of Congress and the Copyright Office face a difficult 
task deciding whether to follow the 2005 Study Group and reform Section 108 or 
leave it be, and in the hands of the community of users and court cases to 
decide future interpretation of Section 108.


Jane B. Hutchison
Associate Director
Instruction & Research Technology
300 Pompton Road
Wayne, NJ 07470
(w)973-720-2980
(cell) 973-418-7727

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

[Videolib] FW: DocuWatch

[Brewer, Michael]

Anyone know anything about the website/resource Docuwatch? I've had a faculty 
member ask about it.  http://www.docuwat.ch/watch-documentaries/ 

mb

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.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] nurses in film ~ international docs

[Brewer, Michael]

Kira Muratova's film Three Stories (Tri istorii) has a prominent role for a 
nurse (as a cold blooded murderer) in the second story.  Very dark.
mb
Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Elizabeth Stanley
Sent: Wednesday, January 02, 2013 2:54 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] nurses in film ~ international docs

Hello, Lori,

Bullfrog Films offers the following documentaries that portray nurses and 
health professionals in international contexts:

1. The Great Health Service Swindle (Life 5 Series) DVD
Reversing the brain drain in doctors and nurses from developing countries.
http://www.bullfrogfilms.com/catalog/l5ghss.html

2.  Dead Mums Don't Cry DVD
Grace Kodindo's heroic efforts in Chad to lower the rate of maternal mortality, 
one of the UN's Millennium Development Goals.  
http://www.bullfrogfilms.com/catalog/dmdc.html

3.  The Hospice (Life 4 Series) DVD
Workers at the Mother of Mercy hospice in Zambia provide palliative care for 
those afflicted with AIDS.
http://www.bullfrogfilms.com/catalog/l4hosp.html

4.  Dreaming of Tibet DVD
Looks at the lives of three Tibetan exiles, and at the recent history of their 
country, which forced them to flee.  One is Ms. Tsering Lhamo, a nurse working 
with recent refugees in Kathmandu, Nepal.
http://www.bullfrogfilms.com/catalog/dot.html

Please contact me for more details or preview requests.  Thanks for your 
interest.

Elizabeth Stanley
Bullfrog Films




From: 
videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Widzinski, Lori
Sent: Wednesday, January 02, 2013 2:02 PM
To: 'videolib@lists.berkeley.edu'
Subject: [Videolib] nurses in film
Anyone have suggestions for films that portray nurses, both good and bad?  A 
faculty member is looking for films for undergraduate nursing students to 
"compare and contrast core values, professionalism, and comportment with 
representations of nurses/nursing in film media."  I think she's interested in 
both feature films and documentaries. Your help is greatly appreciated.  I'd be 
happy to post the resulting list if anyone's interested. THANKS.
Lori
Lori Widzinski
Head, Multimedia Collections and Services
University Libraries
University at Buffalo
State University of New York
Ph: 716-829-5744

Abbott Hall Rm 102
3435 Main St Bldg 28
Buffalo, NY 14214-3002


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] cadillac desert

[Brewer, Michael]

Legally you can replace your "lost" volume 1 copies since the title is not 
available in an unused copy and your copy was lost.  You just need to borrow a 
legal copy to make a new copy from.  This is all perfectly legal under Section 
108.  If you make a digital version, that version, under 108, cannot circulate 
to the public outside the library though. See: 
http://librarycopyright.net/resources/spinner/

mb

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Griest, Bryan
Sent: Wednesday, November 28, 2012 12:22 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] cadillac desert

Hi Rhonda!
It is not available on DVD, nor was it ever released on DVD, as far as I know; 
it has been out of print on VHS for years, as you probably know. This would be 
a prime candidate for digitization of an educational, out-of-print, hard to 
obtain title, but legally? You would have to contact the estate of Reisner 
along with Trans Pacific Television and KTEH, most likely. This is one of the 
titles I would most like to see "reprinted", for sure, since both sets we owned 
have "lost" their "Volume 1"s, at least!
Bryan Griest
Glendale Public Library
Glendale, CA

From: 
videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Rosen, Rhonda
Sent: Wednesday, November 28, 2012 10:51 AM
To: videolib@lists.berkeley.edu
Subject: [Videolib] cadillac desert

Hi all,
Anyone know if this title is available on DVD?  can't find it anywhere, but 
I've seen on OCLC that a few libraries do have it
Anyone know who has the permission regarding making a DVD copy of our VHS 
series?
Rhonda

Rhonda Rosen| Head, Media & Access Services
William H. Hannon Library | Loyola Marymount University
One LMU Drive, MS 8200 | Los Angeles, CA 90045-2659
rhonda.ro...@lmu.edu| 310/338-4584|
http://library.lmu.edu
 "You see, I don't believe that libraries should be drab places where people 
sit in silence, and that's been the main reason for our policy of employing 
wild animals as librarians."
--Monty Python





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: [slavcin-l] Useful course (and research) materials in Russian cinema

[Brewer, Michael]

These films and associated materials may be of interest to some on the list.  I 
have a previous disc (on Thaw Film, which they may still be making available as 
well) that included reference to contemporary criticism from Russian sources 
for dozens of films that one would otherwise be very hard pressed to identify 
in the West.

mb

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu

From: Nancy Condee [mailto:con...@pitt.edu]
Sent: Tuesday, August 21, 2012 3:41 PM
To: slavci...@lists.wm.edu
Subject: [slavcin-l] Useful course (and research) materials in Russian cinema

With classes about to start, I would like to call your attention to a valuable 
new film resource, now available at 
http://www.ucis.pitt.edu/crees/publications_hyperkino.html.  I have used them 
in my courses and research; they may be of interest to colleagues in history, 
film studies, Russian culture or civilization courses, as well as advanced 
Russian-language (so-called "content") courses.  See details below.  For more 
information, please be in touch with the Center itself (not with me).

HyperKino DVDs
Historical Russian cinema on DVD, presented in the innovative Hyperkino format, 
created by Natascha Drubek and Nikolai Izvolov, produced by Ruscico, and 
distributed by the University of Pittsburgh's Center for Russian and East 
European Studies at http://www.ucis.pitt.edu/crees/publications_hyperkino.html.

The films are presented in 2-disc 'hyperkino editions':

Ø  Disc 1 contains the standard film in the best available print, with optional 
subtitles in Russian, English, French, German, Italian, Portuguese, and Spanish.

Ø  Disc 2 contains the film, plus numerous scene-specific annotations based on 
archival materials, including film clips and newsreel footage, texts, 
photographs, posters, graphics, arts-and-crafts, music and audio files.
Texts are available in Russian and in English. These can be viewed on screen, 
contextualizing the film and enhancing the viewer's understanding.

Ten films are currently available:

1.   Boris Barnet, By the Bluest of Seas, 1936

2.   Boris Barnet, Girl with a Hatbox, 1927

3.   Boris Barnet, Outskirts, 1933

4.   Mark Donskoi, The Childhood of Maksim Gor'kii, 1938

5.   Sergei Eisenstein, October, 1927

6.   Sergei Eisenstein, Strike, 1924

7.   Lev Kuleshov, Engineer Prite's Project, 1918

8.   Lev Kuleshov, The Great Consoler, 1933

9.  Aleksandr Medvedkin, Happiness, 1934

10.Vsevolod Pudovkin, Heir to Genghis Khan (Storm over Asia), 1928

Best wishes,

Nancy Condee

Prof. N. Condee, Director
Global Studies Center (NRC Title VI)
University Center for International Studies
University of Pittsburgh
4103 Wesley W. Posvar Hall
Pittsburgh, PA 15260
+1 412-363-7180
con...@pitt.edu
www.ucis.pitt.edu/global



Best wishes, Nancy

Prof. N. Condee, Director
Global Studies Center (NRC Title VI)
University Center for International Studies
University of Pittsburgh
4103 Wesley W. Posvar Hall
Pittsburgh, PA 15260
+1 412-363-7180
con...@pitt.edu
www.ucis.pitt.edu/global

You can read archived messages under https://lists.wm.edu/wws/arc/slavcin-l
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] Film festival submissions?

[Brewer, Michael]

Dennis,

I'm not disagreeing with you or Jessica that these most often should not make 
their way into libraries. It would be great to be able to work out an 
arrangement where they could be added to collections under certain conditions 
(under a contract), for in house, scholarly use (and decommissioned if the 
title is ever made available for purchase).  I realize that would be hard to 
do, but it might actually serve filmmakers and scholars well.

As for "First Sale," this is just what people have called it.  It does not 
require a sale at all, just a transfer of ownership.  Clearly, if the 
documented agreement is just a loan of the copy, and not a transfer of 
ownership, first sale/109 would not apply.

mb

On Aug 4, 2012, at 5:33 AM, Dennis Doros wrote:

Michael,

I'd have to disagree, since there is no sale implied (and most filmmakers pay 
an entry fee -- I've always refused those fests) and use for the festival only 
is implied as well. Of course, that is if there is no entry form but almost all 
do and the rights are almost always spelled out. One festival in Canada -- 
ironically a labor film festival -- actually states that the DVDs submitted can 
afterwards be distributed by them. (We laughed and told the filmmaker to throw 
away the request for a screener.)

But based on a discussion on this list a few months ago, this is why all my 
screeners say "Property of Milestone. Not for Sale." and "Must be returned to 
Milestone" and my emails to festivals specifically state they have to be 
returned. Also, I carefully check all entry forms to make sure there are no 
other rights implied. Of course, my films already have a distributor, and 
filmmakers have other concerns to be in a festival.

Best regards,
Dennis Doros
Milestone Film & Video/Milliarium Zero
PO Box 128 / Harrington Park, NJ 07640
Phone: 201-767-3117 / Fax: 201-767-3035 / Email: 
milefi...@gmail.com<mailto:milefi...@gmail.com>
Visit our main website!  www.milestonefilms.com<http://www.milestonefilms.com/>
Visit our new websites!  
www.shirleyclarkefilms.com<http://www.shirleyclarkefilms.com/>, 
www.comebackafrica.com<http://www.comebackafrica.com/>  
www.ontheboweryfilm.com<http://www.ontheboweryfilm.com/>
<http://www.killerofsheep.com/>
Support "Milestone Film" on 
Facebook<http://www.facebook.com/pages/Milestone-Film/22348485426> and 
Twitter<https://twitter.com/#!/MilestoneFilms>!
See the website: Association of Moving Image 
Archivists<http://www.amianet.org/> and like them on 
Facebook<http://www.facebook.com/pages/Association-of-Moving-Image-Archivists/86854559717>

AMIA 2012 Conference, Seattle, WA, December 4-7!<http://www.amiaconference.com/>

On Fri, Aug 3, 2012 at 12:05 PM, Brewer, Michael 
mailto:brew...@u.library.arizona.edu>> wrote:
If  there is a contract, that would be what you'd need to check.  Otherwise, 
this is a first sale issue. As long as these are legal copies, the owner of 
those copies can do what they want with them within the law  (loan, view 
privately, sell, destroy, use in the classroom under section 110, etc.)

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu>


-Original Message-
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 Stanton, Kim
Sent: Friday, August 03, 2012 9:02 AM
To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu>
Subject: Re: [Videolib] Film festival submissions?

I don't have a good legal frame of reference here but this seems extremely 
dicey, especially if these are being added to a circulating collection.  If I 
were you, I would look at the submission contract one more time. Does the 
document indicate that the festivals right to preview would be the exclusive 
use of the screener?

There have been discussions on this topic on Videolib in the past, but I don't 
know if there was a definitive answer. Maybe someone will chime in with more 
info.

Good luck,

Kim Stanton
Head, Media Library
University of North Texas
kim.stan...@unt.edu<mailto:kim.stan...@unt.edu>
P: (940) 565-4832
F: (940) 369-7396

-Original Message-
From: 
videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu> 
[mailto:videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu>]
 On Behalf Of Angelica G Ferria
Sent: Friday, August 03, 2012 10:28 AM
To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu>
Subject: [Videolib] Film festival submissions?

Hello,

I was wondering if any of you could give me a bit of direction.

Our Media Center recently received the 2007-2011 submissions from the Rhod

Re: [Videolib] Film festival submissions?

[Brewer, Michael]

If  there is a contract, that would be what you'd need to check.  Otherwise, 
this is a first sale issue. As long as these are legal copies, the owner of 
those copies can do what they want with them within the law  (loan, view 
privately, sell, destroy, use in the classroom under section 110, etc.)

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu


-Original Message-
From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Stanton, Kim
Sent: Friday, August 03, 2012 9:02 AM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Film festival submissions?

I don't have a good legal frame of reference here but this seems extremely 
dicey, especially if these are being added to a circulating collection.  If I 
were you, I would look at the submission contract one more time. Does the 
document indicate that the festivals right to preview would be the exclusive 
use of the screener? 

There have been discussions on this topic on Videolib in the past, but I don't 
know if there was a definitive answer. Maybe someone will chime in with more 
info. 

Good luck, 

Kim Stanton
Head, Media Library
University of North Texas
kim.stan...@unt.edu
P: (940) 565-4832
F: (940) 369-7396

-Original Message-
From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Angelica G Ferria
Sent: Friday, August 03, 2012 10:28 AM
To: videolib@lists.berkeley.edu
Subject: [Videolib] Film festival submissions?

Hello,

I was wondering if any of you could give me a bit of direction.

Our Media Center recently received the 2007-2011 submissions from the Rhode 
Island International Film Festival.  We have a Film Program here and we're the 
state college, so it makes sense.  We'd like to catalog these items and add 
them to the circulating collection (there are over 500 from all over the world, 
most are not in WorldCat).  Do we need the permission of the film creator to do 
this?  It did not say anything on the submission paperwork about works being 
given to us after the festival as it was just decided, (we're going to fix that 
for next year).  The submission contract is the usual boilerplate, allowing the 
festival rights to screen and no obligation to return.  We're not going to copy 
these items, or have screenings, the films will only be for educational and 
entertainment use.

There is the possibility we could contact *most* of the submitters, however, if 
it's not necessary we would prefer to make the changes to the future submission 
process and go from there.

I'd appreciate any pointers you could share.

Thanks.

Angel 

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.

Re: [Videolib] Impact of GSU

[Brewer, Michael]

Jessica,

Of course the use  of entire  books or films  (or  other copyrighted  works) 
can be justified under fair use. The question is  under what circumstances. 
Sony allowed for entire films and I think that orphan works of any format/type 
(we can argue over  the definition of that) would certainly be something that 
could (and  are) justified under fair use for preservation, 
scholarship/research, teaching, etc.  There are other cases where the use of 
entire works under particular circumstances (images in DK and Perfect 10) have 
been upheld as fair.  Your statements  that  use of entire  works  have never 
been allow/upheld under fair use is just wrong.  If you want  to say that the 
streaming of an entire film, or the digitization and distribution of an entire 
book have never been upheld in a court as fair, then do that.   I don't think 
you'll get  much push back on that fact. But saying that the use of an entire 
work is just flat out illegal no matter  what is just not supportable.

mb

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner
Sent: Friday, July 13, 2012 7:00 AM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Impact of GSU

Deg
I have a longer response to this later when I have time but in fact you have 
basically claimed that since there is no exact ruling explicitly stating you 
can not digitize and stream an entire film ( or book) it remains an open 
question.
If I am not understanding you then please correct me and we can stop arguing. 
"Fair Use" has always been about how much a of a work can be used and still 
fall under it. It should be noted that when the GSU case began GSU DID claim 
the right to use entire works but they dropped that claim after they were 
challenged.

While I will address media specific copyright law in the longer post, under law 
there is no legal difference between different types of works as relates to 
"fair use". The law does not judge by format but by use. A whole book and whole 
film are the same in terms what portions can be used and qualify as "fair use". 
GSU  is simply yet another in a LONG string of rulingstrying to come up with 
ruling/definition of the amount that CAN be "fair use" and it makes it 
abundantly clear that under no circumstances would an entire book.

You could save me time re the next post if you tell me I have misunderstood and 
you don't believe entire films or books can be covered under "fair use".
On Fri, Jul 13, 2012 at 2:47 AM, Deg Farrelly 
mailto:deg.farre...@asu.edu>> wrote:
Jessica

Before you state what the court ruled, you might read the actual ruling.

>From the 350 ruling on the GSU case:

http://www.infodocket.com/2012/05/12/full-text-of-court-opinion-in-georgia-state-university-copyright-case/

"With respect to fair use factor three, the amount of the copying as a 
percentage of the book varies from book to book. In determining what percentage 
of a book may be copied, the Court looks first to the relationship between the 
length of the excerpt and the length of the book as a whole. Then, the 
relationship between the value of the excerpt in relation to the value of the 
book is examined. The Court also considers the value of a chapter in itself 
(rather than just a few paragraphs). In the case of extra long books with a 
large number of chapters, a limit on the number of chapters which may be copied 
is appropriate. Professors may well have a legitimate educational reason for 
wanting to use a chapter of a book; it is more apt to contain a complete 
treatment of a particular topic or subtopic than would a few isolated 
paragraphs. However, the convenience of using whole chapters from an 
over-length book may lead to an undue amount of unpaid copying in absolute 
terms.
Taking into account the foregoing considerations in relation to the books 
involved in this case, the factor three conclusions are:
Where a book is not divided into chapters or contains fewer than ten chapters, 
unpaid copying of no more than 10% of the pages in the book is permissible 
under factor three. The pages are counted as previously set forth in this 
Order. In practical effect, this will allow copying of about one chapter or its 
equivalent. Where a book contains ten or more chapters, the unpaid 
copying of up to but no more than one chapter (or its equivalent) will be 
permissible under fair use factor three. "


I have not claimed that the GSU ruling OKs use of an entire work.  The case did 
NOT address use of entire works.

To extrapolate from this court review and ruling of @95 individual portions of 
print works that the ruling directly addresses use of complete videos is a 
stretch.

ANY interpretation of the GSU ruling as it applies to videos is conjecture at 
best.


-deg

deg farrelly
ASU Librari

Re: [Videolib] FW: anything new with Georgia State?

[Brewer, Michael]

The 10% number was just what the judge came up with to indicate that the amount 
favored or didn't favor fair use, not that the amount had to be less than 10% 
in order to be fair.  I believe (but please correct me if I am wrong) that a 
good  number of portions of  works that exceeded 10% were upheld as fair by the 
judge.

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jo Ann Reynolds
Sent: Wednesday, July 11, 2012 1:56 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] FW: anything new with Georgia State?

For print to digital changing the amount to 10%.


From: 
videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu]
 On Behalf Of Jessica Rosner
Sent: Wednesday, July 11, 2012 4:52 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] FW: anything new with Georgia State?

I am curious what kind of changes have they made in copyright check lists? 
Obviously I am interested mostly in how if at all this has changed in terms of 
media use.

I don't think an appeal has been filed but it likely will be but it will take 
YEARS to wind itself through the courts.
Remember GATT first became law in 1996. For reasons I never really understood 
it was only challenged years after it had already been in effect. it took 
several more years for the case to wind itself though the courts until Jan of 
this year when the Supreme Court upheld it.
On Wed, Jul 11, 2012 at 4:41 PM, Jo Ann Reynolds 
mailto:jo_ann.reyno...@lib.uconn.edu>> wrote:
Just wondering . . . .

I noticed that some universities have made changes to their copyright 
checklists based on the court decision. We decided to wait to see what, if 
anything, happened on appeal. I've not heard or seen anything, how 'bout you 
all?

Thanks,
Jo Ann

Jo Ann Reynolds
Reserve Services Coordinator
University of Connecticut Libraries
369 Fairfield Road, Unit 1005RR
Storrs, CT  06269-1005
jo_ann.reyno...@lib.uconn.edu
860-486-1406
860-486-5636 (fax)
http://classguides.lib.uconn.edu/mediaresources


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

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

Re: [Videolib] Faculty's personally owned copies and digitization

[Brewer, Michael]

The use of clips would be governed by 100(2) TEACH Act. You could also  argue 
fair  use, but it is much more  clear in TEACH.  Try using the eTool for 
Educators at http://librarycopyright.net/resources/etool/  The copy does have 
to be legal, but  it does not need to be held by the library doing the 
streaming/reformatting.  She can also make a PDF after using the tool  to keep 
for her records.

mb

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Shoaf,Judith P
Sent: Wednesday, June 20, 2012 8:10 AM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Faculty's personally owned copies and digitization

I wanted to reply to this because nobody seems to be paying attention to what 
Mary Lou actually says:

I am appealing to the collective wisdom of the list!  I am helping a dance 
professor put together an online course on the history of dance.  She is using 
multiple library resources - some will be entire programs with permissions, 
some will be entire programs with licensing fees, and others will be fair use 
excerpts.

So she is saying that there are 3 categories of items to be used:
Entire programs WITH PERMISSIONS
Entire programs WITH LICENSING FEES
Fair use EXCERPTS.

This has nothing to do with streaming an entire program without 
permissions/licensing. Mary Lou seems to have a clear grasp of the difference 
between a legal and an illegal copy. The question is whether she can use a 
lawfully acquired (i.e. not taped off TV) copy that does not belong to the 
library as the basis of digital materials for educational purposes.

My thought is this: she needs to specify when she asks for the permissions and 
licensing fees for the entire programs whether the library can use a 
privately-purchased copy as the basis for the digital version. In the case of 
the items she describes, where she has permission, surely she could ask the 
same source for permission to use the instructor's copy.

But with respect to the clips, which would be governed by fair use, surely the 
Rulemaking of 2009, which Gary was so instrumental in obtaining, would be a 
useful guide:

Motion pictures on DVDs that are lawfully made and acquired and that are 
protected by the Content Scrambling System when circumvention is accomplished 
solely in order to accomplish the incorporation of short portions of motion 
pictures into new works for the purpose of criticism or comment, and where the 
person engaging in circumvention believes and has reasonable grounds for 
believing that circumvention is necessary to fulfill the purpose of the use in 
the following instances:

(i)  Educational uses by college and university professors and by college and 
university film and media studies students; (2 other situations)
http://www.copyright.gov/1201/2010/

By way of contrast with the rulemaking of 2006,  where it was specified that 
clips can be made only from "Audiovisual works included in the educational 
library of a college or university's film or media studies department," this 
pronouncement does not specify that the work has to belong to the educational 
institution. So it seems to me that an instructor's personal copy would be an 
appropriate source for "short portions."

Judy Shoaf

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] The Copyright Genie: A New Copyright Duration Tool

[Brewer, Michael]

All,

I'd like to make you aware of a new  copyright tool I've developed with support 
from the ALA Office for Information Technology Policy and the Copyright 
Education Subcommittee.

Please give it a try, and let me know what you think.  The final touches are 
being added as we speak. Please feel free to share with others.

mb

[cid:image001.jpg@01CD4D60.88950880]

What's Your Wish? Consult the Copyright Genie!

* Ok, so the new Copyright Genie can't exactly grant copyright wishes, 
but it can make determining the exact copyright term for works a breeze!

* Just answer some short questions and - Shazam!  You'll learn exactly 
when a particular work will fall (or has fallen) into the public domain!

* If you like, the Copyright Genie can then collect additional 
information on the work and produce a PDF copy for your records or further 
vetting with a copyright specialist

* To give it a try, go to http://librarycopyright.net/resources/genie/!

* The Copyright Genie was created by Michael Brewer with funding and 
support from the ALA Office for Technology Policy and the OITP Copyright 
Education Subcommittee


Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries, A122
P.O. Box 210055
Tucson, AZ  85721-0055
Tel: (520) 307-2771
Fax: (520) 626-7444
brew...@u.library.arizona.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: [SEELANGS] Performance Rights for Repentance

[Brewer, Michael]

I'm forwarding this from the Slavic list.  Jessica, or anyone else, know  who 
now owns the rights  to Repentance?

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu


-Original Message-
From: SEELANGS: Slavic & East European Languages and Literatures list 
[mailto:seela...@bama.ua.edu] On Behalf Of Benjamin Rifkin
Sent: Thursday, June 07, 2012 1:03 PM
To: seela...@bama.ua.edu
Subject: [SEELANGS] Performance Rights for Repentance

Dear SEELANGers:

Can anyone tell me who owns the Performance Rights for Abuladze's 1984 film 
Repentance?  The film was owned by the Cannon Film Group, but it went bankrupt 
and I can't tell what happened next.  I'd like to arrange for a public showing 
of this film on my campus in the fall.

Thanks for your help.

Ben Rifkin
The College of New Jersey

-
 Use your web browser to search the archives, control your subscription
  options, and more.  Visit and bookmark the SEELANGS Web Interface at:
http://seelangs.home.comcast.net/
-

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] Online copyright tools

[Brewer, Michael]

There was a virus issue on their server. They finally have someone hired to 
clean and host the files more securely. Everything should be back up in a week. 
A new copyright terms tool will also be released around ala annual so keep an 
eye out for that!

Mb

Sent from my iPhone

On May 30, 2012, at 7:35 AM, "Shoaf,Judith P" 
mailto:jsh...@ufl.edu>> wrote:

There used to be several tools for evaluating public domain and other legal 
situations with respect to specific media items at http://librarycopyright.net/

But today I find that site (and other sites which purport to have these tools) 
are marked with red warning signs that they are dangerous and must be avoided.

What’s going on?

Judy
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] Looking to borrow, rent or buy

[Brewer, Michael]

We have a copy as well.  I expect our ILL dept could work out a loan. Let me 
know if you'd like me to ask.  I expect they'd just want shipping costs, though 
I'm not certain.
mb

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Dave Dvorchak
Sent: Friday, May 04, 2012 9:59 AM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Looking to borrow, rent or buy

Har, har. Who should I make the check out to?

All kidding aside though, I do need it.
On Fri, May 4, 2012 at 11:30 AM, Jessica Rosner 
mailto:maddux2...@gmail.com>> wrote:
I think $500 would be fair Brigit ( just kidding)

On Fri, May 4, 2012 at 10:57 AM, Brigid Duffy 
mailto:bdu...@sfsu.edu>> wrote:
Hmmm, how desperate is this guy...

SFSU has "Fall of the House of Usher" on 16mm. Let's open negotiations
offline.

Brigid Duffy
Academic Technology
San Francisco State University
San Francisco, CA  94132-4200
E-mail: bdu...@sfsu.edu
Phone: (415) 338-1493




On May 4, 2012, at 6:18 AM, Dave Dvorchak wrote:

> I am looking to acquire, one way or another, the 1928 "Fall of the
> House of Usher" (US production) and also "Lot in Sodom", both on 16mm.
>
> Thanks,
> Dave
>
>
> 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.



--
David Dvorchak
Office Manager
Providence Community Library
ddvorc...@provcomlib.org
(401) 467-2700 x2
VIDEOLIB is intended to encourage the broad and lively discussion of issues 
relating to the selection, evaluation, acquisition,bibliographic control, 
preservation, and use of current and evolving video formats in libraries and 
related institutions. It is hoped that the list will serve as an effective 
working tool for video librarians, as well as a channel of communication 
between libraries,educational institutions, and video producers and 
distributors.

Re: [Videolib] Question regarding optimal carrier for archival/preservation of digital streaming video

[Brewer, Michael]

108 allows for 3 copies but if your license says one you may have to stick with 
that

Sent from my iPhone

On Apr 26, 2012, at 9:42 AM, "Borden, Lisa M." 
mailto:lmbor...@utep.edu>> wrote:

All:

Which carrier is considered the archival/preservation standard or “optimal” 
medium for long-term digital streaming video storage?

We have purchased the rights to several titles and have received MPEG4 files 
from the providers.

The vendors agreed that we are allowed to make (1) copy of each title in 
accordance with Section 108 USC.

I’d sure appreciate any input.

Thanks,

Lisa M. Borden
Serials & Electronic Resources Librarian, Section Head
UTEP Library - Acquisitions
PH: (915) 747-6709
E-Mail: lmbor...@utep.edu

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

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

Re: [Videolib] Copyright Issues for D2L/Online Learners

[Brewer, Michael]

Jessica,

I think the results and reasonings of specific fair use cases certainly can 
give us guidance as we make our own case by case determinations of fair use.  
Despite what you have said, I am very much  focused on and concerned about the 
effect on the copyright  holder. That is why I have repeatedly asked in certain 
situations, what the actual or potential damages to a copyright holder there 
might be for a particular use. There must be a balance in copyright that 
rewards creators, but also provides exceptions to their exclusive rights in 
order to "promote the progress of science and useful arts."

For example, if a copyright holder is not actively commercially exploiting 
their work (suggesting a limited market), I don't see what negative effect 
there would be in reformatting "inconvenient" formats (16mm, Umatic, even VHS) 
to more accessible formats (where the title does not exist in that format) for 
certain, limited uses (use in the classroom, use for research, etc.), 
especially if there were a commitment (and some effective controls) to protect 
further distribution or copying and to purchase the title, should it be made 
available on the market by the copyright holder in a suitable, updated format.

I don't see the harm here and actually see the potential for something like 
this to stimulate the market for the work (since scholarship and instructional 
use could expand interest in the work).

I'd like to be able to have productive discussions with librarians and rights 
holders about things like this.  Rather than just hearing that our approaches  
are wrong or illegal because of the rulings in some past court case (which only 
inform and guide practice, but do not render it illegal), it would be nice to 
hear what the real concerns are about the effects on rights holders so we might 
better understand how  (or if) those concerns might be allayed? The more we 
understand the concerns and potential negative effects, the better we should be 
able to equitably balance those with the intended purposes of the use.

mb


Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu>

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner
Sent: Monday, February 27, 2012 11:46 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Copyright Issues for D2L/Online Learners

Michael
Feel free to correct me if I am misstating this but I recall you were the first 
person (prior to the "code") to say that since there had never been an exact 
case that said you could not stream an entire film than perhaps you could. You 
may see that as an academic exorcise but it is a reality for me and as I have 
posted there is in fact a whole lot of case law related to this which is simply 
being glossed over and ignored. Again the Kinko's case followed directly by the 
Michigan documents  case were unequivocal that you could not copy large chunks 
of copyrighted material merely because they were for educational use. It has 
been more or less black letter copyright law that you may only use portions of 
works to create new works ( Transformative). They Britannica case made it clear 
that even if the people doing the copying were non profit institutions they 
could NOT copy and use entire works. The only case that challenged this was 
SONY involved individuals "time shifting " for private use and every case I 
cited happened AFTER Sony so it was no defense. The claim that "fair use" can 
legitimately cover copying and streaming and entire work is not a speculative 
idea but is happening every day and again PLEASE correct if i am wrong but you 
seem to believe that it is acceptable because the law is somehow vague on this.

I realize I am the designated "ranter" here but I don't think I can overstate 
how personally  distributors and filmmakers feel betrayed by
people they believed supported them. I am NOT referring to most people here but 
to basically say there really isn't anything we can do about it and you (me) 
should not writing about it is not an answer. Per my previous response to Gary 
if someone came in and told you they were doing to take every item in the 
library, digitize and stream it so the library and you  would no longer be 
necessary I suspect you might be ranting too.

PS sorry this was lost in my draft box for the day by mistake.

On Mon, Feb 27, 2012 at 3:30 PM, Brewer, Michael 
mailto:brew...@u.library.arizona.edu>> wrote:
Jessica,

You put my name in here and then followed up by implying that I've deliberately 
and systematically misstated copyright law (you only mentioned me, Pat and ARL, 
so I am assuming that the "people" below also refers to me).  I don't believe 
I've misstated anything.  If anything, I'

Re: [Videolib] Copyright Issues for D2L/Online Learners

[Brewer, Michael]

Jessica,

You put my name in here and then followed up by implying that I've deliberately 
and systematically misstated copyright law (you only mentioned me, Pat and ARL, 
so I am assuming that the "people" below also refers to me).  I don't believe 
I've misstated anything.  If anything, I've tried to simply point out your 
misstatements and overgeneralizations by referring directly to the law.  Please 
point out where you feel I've made misstatements and I'll gladly retract them 
if they are, in fact, misstatements. It would be refreshing if you'd agree to 
do the same.

mb

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner
Sent: Monday, February 27, 2012 1:09 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Copyright Issues for D2L/Online Learners

Not going to happen Gary. That was indeed a sarcastic response but when people 
continue to write things and deliberately and systematically misstate copyright 
law ( some things are open to interpretation, others are not) I will respond ( 
I certainly do not need Mike) In a matter of weeks we have seen a chunk of the 
library establishment condone a level of copyright infringement that is 
staggering and they have largely focused it on media rather than books. I still 
don't see ARL suggesting you can scan and stream books for a course and about 
the only response I get when I actually quote case law and literal factual 
errors is
"This exact issue has never been decided" or that I am paranoid. There is again 
a clear and unambiguous case law in from two Federal appeals courts stating 
that while the exact portion of fair use is debatable the copying of 
significant portions of written works is a a violation of "Fair Use". At no 
time in the nearly 20 years since the first case was decided did an institution 
or group claim that because the cases involved "for profit" entities  "non 
profit" entities could in fact use more let alone all of a work. In addition 
there is a case from the 80s in which a consortium of schools copied and 
distributed entire films and TV programs and they were completely bitched 
slapped down because despite the fact they were non profit they could NOT copy 
and use whole films in classes both because it violated the amount that could 
be used under fair use and it directly effected the profits of rights holders. 
Why exactly is this never mentioned? I am still waiting for anyone supporting 
the code or similar views to explain upon one legal basis they now believe they 
can copy and stream whole films. As noted in my previous email I remain beyond 
startled even  by my standards that Pat would suggest as source for copyright a 
site which literally eliminates the issue of loss of revenue for a rights 
holder from the debate,basically telling anyone relying on their site that it 
is not part of copyright law.

I get that I rant but I still await specific answers to questions I have posed 
and will again post the key wording in the Kinko's case
and ask upon what legal basis would this not apply to non for profit 
institutions.

"The mere fact that the portions copied by Kinko's were those that the college 
professor singled out as being critical parts
of the books demonstrates that even if not "the heart of" the works in 
question, the parts copied were substantial in quality. Thus, with regard to 
this factor, the court finds for the publishers because Kinko's is copying 
substantial portions of the work"



On Mon, Feb 27, 2012 at 2:30 PM, 
mailto:ghand...@library.berkeley.edu>> wrote:
Enough Jessica. This simply is not a productive response.

We need to move on for the moment.

Gary



> You missed the memo Mike. You can copy and stream any film or book ever
> made or published so long as a professor tells you he needs it. ARL etc
> have said so and you longer have to worry about actual copyright law or
> numerous legal cases that say otherwise.
>
> I am in an especially snarky mood today. I just found a major academic
> institution has
> "scheduled" an open campus showing of a film JUST BEING released in
> theaters and not available on DVD ANYWHERE in the world. I am sure ARL,
> PAT
> & Michael will find a way to justify that as well. After it is part of
> "educational" institution and sponsored by faculty.
>
> On Mon, Feb 27, 2012 at 12:34 PM, Schmitt, Mike 
> mailto:schmi...@uwgb.edu>> wrote:
>
>> There seems to be this notion from faculty at my campus that they can
>> take
>> a program with copyright and place the entire movie on D2L or other
>> online
>> sources.  I don't believe a campus has the right to place an entire
>> program
>> online for students to watch at their convenience.  I don't believe the
>> TEACH Act or Fair Use cover this type of situation.  If someone can
>> point
>> to a partic

Re: [Videolib] ACRL Best Practices

[Brewer, Michael]

ts me and  wants to put an
>>> educational documentary online, 90% of the time they want the entire film
>>> up.  In my gut, I feel that this is almost always something better covered
>>> by 110(2) and/or licensed for use, but this Fair Use code is so vague in
>>> this regard that I don't feel like I can "provide instructors with useful
>>> information about the nature and the scope of fair use" based on the
>>> information outlined here.
>>> 
>>> Additionally,  Michael Brewer just brought up the idea that 110(b) is
>>> essentially a way to take a physical classroom space and translate it into
>>> the online environment (within those limitations set by 110b). When I first
>>> began working with faculty who were moving their courses online it was
>>> fairly simple to distinguish between a core resource and an ancillary one
>>> (usually items previously assigned to Reserves or considered optional).
>>>  However,  faculty are now regularly creating online courses from scratch
>>> and are no longer tied to the concept that the core instructional materials
>>> is what can be cover in a 50 minute time span. This is not a bad thing but
>>> it makes applying 110(b) more and more difficult.
>>> 
>>> 
>>> Kim Stanton
>>> Head, Media Library
>>> University of North Texas
>>> kim.stan...@unt.edu
>>> P: (940) 565-4832
>>> F: (940) 369-7396
>>> 
>>> 
>>> 
>>> -Original Message-
>>> From: videolib-boun...@lists.berkeley.edu
>>> [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner
>>> Sent: Monday, February 06, 2012 11:38 AM
>>> To: videolib@lists.berkeley.edu
>>> Subject: Re: [Videolib] ACRL Best Practices
>>> 
>>> First of all 110 is blessedly specific and requires that the showing
>>> be in a CLASSROOM or similar place of instruction and that the
>>> instructor be PRESENT and I assure legally this is not even a close
>>> call and I don't even get the impression that the
>>> "best practices" tried for that one. Under no circumstances can 110 be
>>> used to claim the right to stream films at will to a student say in a
>>> dorm, off campus housing or the local Starbucks. If you can not
>>> understand how just streaming any film a professor says they need for
>>> a course to students wherever they are effects the market for a
>>> distributor it is hard for me to explain ( though I see as was typing
>>> it Dennis tried)
>>> 
>>> 
>>> 
>>> On Mon, Feb 6, 2012 at 11:50 AM, Brewer, Michael
>>>  wrote:
>>>> Whether streaming an entire film for a class for the same purposes (and
>>>> amount) as 110 is legally fair or not, I don't see how the effect on the
>>>> copyright holder would be any different than if the title were used under
>>>> 110, especially if the "limitations" put forward by these best practices 
>>>> are
>>>> considered and abided by (I don't have the document in front of me, but I
>>>> think it addresses those situations where the content was created for the
>>>> educational market in streaming format, or if the content can easily be
>>>> purchased/licensed  in streaming form - FMG, Alexander Street Press, etc.).
>>>> 
>>>> Can someone describe for me how the effect on the copyright holder would
>>>> be different for a work streamed to a course than it is for a work 
>>>> performed
>>>> in a classroom, i.e. 110 (assuming the limitations listed above are not in
>>>> effect)?  It seems the only difference is a greater opportunity for
>>>> instructional efficiency, expanded access, and, potentially improved 
>>>> student
>>>> learning.
>>>> 
>>>> mb
>>>> 
>>>> Michael Brewer
>>>> University of Arizona Libraries
>>>> brew...@u.library.arizona.edu
>>>> 
>>>> 
>>>> -Original Message-
>>>> From: videolib-boun...@lists.berkeley.edu
>>>> [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner
>>>> Sent: Monday, February 06, 2012 8:36 AM
>>>> To: pauf...@american.edu; videolib@lists.berkeley.edu
>>>> Subject: Re: [Videolib] ACRL Best Practices
>>>> 
>>>> Pat,
>>>> If you and the people who developed these "best practices guidelines"
>>>>

Re: [Videolib] ACRL Best Practices

[Brewer, Michael]

The only thing I am arguing over here is what the law says.  You routinely 
state things as legal fact that are not in the text of the law and I feel 
obliged to correct them so that people don't begin to think they are true.  I 
don't at all mind you stating your opinion, but I do mind when you 
misrepresenting the law.  

mb

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu


-Original Message-
From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner
Sent: Monday, February 06, 2012 2:23 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] ACRL Best Practices

Michael,
I have no problem and never did with "reasonable and limited portions", but 
let's not pretend that is what we are arguing over.

On Mon, Feb 6, 2012 at 4:19 PM, Brewer, Michael  
wrote:
> Just some clarification.  TEACH exempts films "produced specifically for use 
> in mediated online instructional activities," not just anything made 
> exclusively for instruction. Also, fiction films do fall under TEACH act 
> parameters, but only in "reasonable and limited" portions.
>
> mb
>
> Michael Brewer
> Team Leader for Instructional Services University of Arizona Libraries 
> brew...@u.library.arizona.edu
>
>
> -Original Message-
> From: videolib-boun...@lists.berkeley.edu 
> [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica 
> Rosner
> Sent: Monday, February 06, 2012 1:51 PM
> To: videolib@lists.berkeley.edu
> Subject: Re: [Videolib] ACRL Best Practices
>
> I am afraid the focus on feature films is my fault Bob. I will be honest, I 
> focus on features because to me it makes it even clearer that the people 
> pushing the "best practices" and other similar views on "fair use" (and that 
> there is no limit to amount you can use) often want to justify streaming of 
> entire films without any regard to rights and use. The term "educational " 
> film really does not have any legal meaning however in the case of the TEACH 
> ACT ( which I believe is the only area where this applies) films made 
> exclusively for instruction are an exempt class but then so are all fiction 
> films. In terms of the financial damage one could argue that the streaming a 
> more costly "educational" film might be more damaging than a standard feature 
> film, but I rather doubt it. The core issue remains the claim that in essence 
> "fair use" is whatever the institution decides it is and that any use they 
> accept is "tranformative" .
>
> On Mon, Feb 6, 2012 at 3:28 PM, Bob Norris  wrote:
>> This may seem like a naive question, but is all the focus on 
>> theatrical because it is assumed that a program from an educational 
>> distributor would not qualify under fair use because of the adverse 
>> affect upon the potential market for or value of the copyrighted work?
>> And if this is true, would that extend to segments of a program if 
>> the distributors sells digital segments of the program?
>>
>> I think Film Ideas would be willing to agree its license agreements 
>> shall not supersede the rights already granted to users under copyright law.
>> Although, if we cannot agree on what the law states, I'm not sure how 
>> much weight that statement carries.
>>
>> Bob Norris
>> Managing Director
>> Film Ideas, Inc.
>> Phone: (847) 419-0255
>> Email: b...@filmideas.com
>>
>> On Feb 6, 2012, at 1:16 PM, videolib-requ...@lists.berkeley.edu wrote:
>>
>>
>> From: "Simpkins, Terry W." 
>> Date: February 6, 2012 12:41:16 PM CST
>> To: "videolib@lists.berkeley.edu" 
>> Subject: Re: [Videolib] ACRL Best Practices
>> Reply-To: videolib@lists.berkeley.edu
>>
>>
>> Hello everyone,
>> Jessica Rosner asks "If you ... are sincere that you are not the 
>> enemy of content owners, how bout a simple and CLEAR statement that 
>> "fair use' does NOT cover the use of feature material being assigned to 
>> classes."
>>
>> I am not one of the authors of the guidelines, but I can imagine that 
>> one reason they might be uncomfortable with such a statement is 
>> because, well, it has no basis in the law.  We all know the drill by 
>> heart, don't we?  Each fair use decision includes a judgment about 
>> the nature of the use (perhaps "assigned to class," in a non-profit 
>> setting), the nature of the work (perhaps "feature material"), the 
>> amount being used (perhaps the whole film, perhaps not), and the 
>

Re: [Videolib] ACRL Best Practices

[Brewer, Michael]

Just some clarification.  TEACH exempts films "produced specifically for use in 
mediated online instructional activities," not just anything made exclusively 
for instruction. Also, fiction films do fall under TEACH act parameters, but 
only in "reasonable and limited" portions. 

mb

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu


-Original Message-
From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner
Sent: Monday, February 06, 2012 1:51 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] ACRL Best Practices

I am afraid the focus on feature films is my fault Bob. I will be honest, I 
focus on features because to me it makes it even clearer that the people 
pushing the "best practices" and other similar views on "fair use" (and that 
there is no limit to amount you can use) often want to justify streaming of 
entire films without any regard to rights and use. The term "educational " film 
really does not have any legal meaning however in the case of the TEACH ACT ( 
which I believe is the only area where this applies) films made exclusively for 
instruction are an exempt class but then so are all fiction films. In terms of 
the financial damage one could argue that the streaming a more costly 
"educational" film might be more damaging than a standard feature film, but I 
rather doubt it. The core issue remains the claim that in essence "fair use" is 
whatever the institution decides it is and that any use they accept is 
"tranformative" .

On Mon, Feb 6, 2012 at 3:28 PM, Bob Norris  wrote:
> This may seem like a naive question, but is all the focus on 
> theatrical because it is assumed that a program from an educational 
> distributor would not qualify under fair use because of the adverse 
> affect upon the potential market for or value of the copyrighted work? 
> And if this is true, would that extend to segments of a program if the 
> distributors sells digital segments of the program?
>
> I think Film Ideas would be willing to agree its license agreements 
> shall not supersede the rights already granted to users under copyright law.
> Although, if we cannot agree on what the law states, I'm not sure how 
> much weight that statement carries.
>
> Bob Norris
> Managing Director
> Film Ideas, Inc.
> Phone: (847) 419-0255
> Email: b...@filmideas.com
>
> On Feb 6, 2012, at 1:16 PM, videolib-requ...@lists.berkeley.edu wrote:
>
>
> From: "Simpkins, Terry W." 
> Date: February 6, 2012 12:41:16 PM CST
> To: "videolib@lists.berkeley.edu" 
> Subject: Re: [Videolib] ACRL Best Practices
> Reply-To: videolib@lists.berkeley.edu
>
>
> Hello everyone,
> Jessica Rosner asks "If you ... are sincere that you are not the enemy 
> of content owners, how bout a simple and CLEAR statement that "fair 
> use' does NOT cover the use of feature material being assigned to classes."
>
> I am not one of the authors of the guidelines, but I can imagine that 
> one reason they might be uncomfortable with such a statement is 
> because, well, it has no basis in the law.  We all know the drill by 
> heart, don't we?  Each fair use decision includes a judgment about the 
> nature of the use (perhaps "assigned to class," in a non-profit 
> setting), the nature of the work (perhaps "feature material"), the 
> amount being used (perhaps the whole film, perhaps not), and the 
> effect on the market (perhaps a large negative effect, perhaps it will 
> stimulate interest and sales).  The law deliberately requires us to 
> reflect on each of these aspects.  It is not a mere check-list that 
> makes simplistic assertions about whether using one highly-generalized 
> type of material ("feature films") in another highly generalized 
> setting ("classes") is, or is not, fair use.  Why on earth would 
> librarians and educators (or any sane individual, for that matter) 
> voluntarily limit rights granted to us by law?  If the law was 
> intended to exempt "feature materials" from the fair use provisions in 
> this manner, I am confident it would have been written to say that. 
> Perhaps content owners might make a similarly "simple and clear 
> statement" saying that license agreements shall not under any 
> circumstances supersede the rights already granted to users under the fair 
> use, or any other, provision of the copyright law, just to "prove" they are 
> not the "enemy" of education.
>
> The law as written does not protect those librarians, students, 
> faculty, or administrators who seek to use fair use as a shield to 
> avoid buying sufficient licensed or legally acquired copies.  I'm sure 
> there are folks out there, possibly even on this list, who do that.  
> There are unethical practitioners in every field - yes, including 
> librarians, educators, and even media distributors - but the law 
> already prohibits, for example, showing a film in a public setting 
> without permission just 

Re: [Videolib] ACRL Best Practices

[Brewer, Michael]

Whether streaming an entire film for a class for the same purposes (and amount) 
as 110 is legally fair or not, I don't see how the effect on the copyright 
holder would be any different than if the title were used under 110, especially 
if the "limitations" put forward by these best practices are considered and 
abided by (I don't have the document in front of me, but I think it addresses 
those situations where the content was created for the educational market in 
streaming format, or if the content can easily be purchased/licensed  in 
streaming form - FMG, Alexander Street Press, etc.).  

Can someone describe for me how the effect on the copyright holder would be 
different for a work streamed to a course than it is for a work performed in a 
classroom, i.e. 110 (assuming the limitations listed above are not in effect)?  
It seems the only difference is a greater opportunity for instructional 
efficiency, expanded access, and, potentially improved student learning.

mb

Michael Brewer
University of Arizona Libraries
brew...@u.library.arizona.edu


-Original Message-
From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner
Sent: Monday, February 06, 2012 8:36 AM
To: pauf...@american.edu; videolib@lists.berkeley.edu
Subject: Re: [Videolib] ACRL Best Practices

Pat,
If you and the people who developed these "best practices guidelines"
are sincere that you are not the enemy  of content owners, how bout a simple 
and CLEAR statement that "fair use' does NOT cover the use of feature material 
being assigned to classes. I mean it is cute to come up with a scenario about 
"tagging" a film, but we all know what it is going on. More and more 
universities are simply allowing entire films to be streamed for classes 
because professors and students find it easier and the institutions find it 
cheaper. Heck buy one copy and just stream it to the entire class. Your 
document is filled with vague references to "fair use" and  educating 
professors on it, but for those of us in the content business it is nothing but 
a cover for stealing our stuff. Don't get me wrong I believe strongly in real 
fair use and I know many content owners big and small have often not accepted 
legitimate uses, but as universities increasingly steal our work ( sorry but 
this IS the correct word) I believe it has become " I think it is fair and I am 
going to use it". The use of the terms "fair  use" and "transformative" are 
thrown out like candy with absolutely no restrictions beyond asking an 
instructor to say why they need to use it.


Again a simple statement from the ACRL group that these guidelines are NOT 
meant to claim "fair use' covers entire films being assigned for regular  
viewing (not clips, mash ups, tags etc) would be a huge step towards working 
with the content community, but I am not holding my breath.

Also I will ask again for you two answer two questions I have asked before but 
never received an answer to.

1. What is the difference in copyright between a book and a film? If a 
professor can show the need for an entire film in a course, why can't an 
instructor show the need for an entire book and have it scanned and posted 
online.

2. The UCLA case is at present dismissed on the basis  of Sovereign Immunity, 
standing  and oddly PPR rights sold with the title in question, but as a matter 
of your view and others with the "best practices" was it legal for UCLA to 
digitize, stream and use thousands of full length  feature films?

On Mon, Feb 6, 2012 at 9:35 AM, Patricia Aufderheide  
wrote:
> Thank you, Gary! I think your example of Avatar is very interesting. 
> If I were the librarian, I would ask the professor to explain why the 
> prof needs the entire film, and how the students will interact with 
> the entire film to demonstrate the point. There are, for instance, 
> hilarious mashups of Pocahantas and Avatar (just Google both names on 
> Youtube) that accomplish that basic insight quite efficiently.
> I can also imagine, although just barely, a situation where I as an 
> instructor might assign the whole film, but analytically such that I 
> would assign any particular stretch of a film to different groups in 
> class to tag (yes, it would be a lot easier in html5 but that's 
> coming) for a variety of techniques/approaches, and ask each group 
> also to critique and comment on the tagging of the others. This might 
> mean putting up the film, but not necessarily in one whole stream.
> But I say this not as a lawyer but as a teacher.
> The point being, fair use is not a pass to use material for the same 
> purpose as the original with a figleaf excuse (hey, I'm looking for 
> imperialism!), but it is possible to imagine needing 100% of any work 
> with a legitimate fair use.
>
>
> On Mon, Jan 30, 2012 at 11:50 AM,  wrote:
>>
>> Thanks, Pat (and thanks again for spearheading the development of 
>> these
>> guidelines)
>>
>> I am a still a b

Re: [Videolib] Help Locating an old film for replacement

[Brewer, Michael]

This is a perfect candidate for making a replacement using 108 or 107.  If you 
use 108, you'll need to make an analog copy for circulation (you could also 
make a digital one to keep on site).  If you choose to assert fair use, you 
could make and circulate a digital copy (with restrictions - like only for in 
class uses - if you feel that makes your case a better one).  Doing this under 
107 would carry some risk.  Any fair use may be challenged in a court. I feel 
like the risk here is minimal and there could be many ways to keep it low by 
protecting the copyright holder's interests (like having a policy that you'd 
replace it with a new copy, should that become available). 

I await Jessica's response :)

mb

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu


-Original Message-
From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jean Reese
Sent: Wednesday, February 01, 2012 8:27 AM
To: videolib@lists.berkeley.edu
Subject: [Videolib] Help Locating an old film for replacement

Good Morning,

We have a vhs tape in our collection titled "The Achievers" (1973) from 
Southerby Productions.  The tape has become worn, and since a faculty member 
has expressed interest in continuing to use it, we are hoping to find a 
replacement. So far, no luck.  In fact, I was unable to find an entry in 
WorldCat. I did locate a little blurb on Southerby Productions but all it lists 
is Long Beach California. Does anyone have any contact info for them? I believe 
Norm Southerby is/was the President.

Has anyone ever heard of this film?  The subject is Psychology(Motivation)and 
tells the story of ten young people who demonstrated dedication, hard work, and 
goal setting to achieve success in their lives. If the film is not available, 
got any suggestions for something else on this subject.

Thanks for your help with this.

Jean
--
Jean Reese
Coordinator, Collection Development
Media Library
Middle Tennessee State University
1301 E. Main St., P.O. Box 33
Murfreesboro, TN  37132
phone  615-898-2725
fax  615-898-2530

Email: jre...@mtsu.edu
IMR website: http://www.mtsu.edu/~imr

Follow us on Facebook
MTSU Media Library







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] Paley Center iCollection

[Brewer, Michael]

I'd like to hear about it as well.  If you could post to the list, that would 
be great.
mb

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu


-Original Message-
From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Hallman, Philip
Sent: Thursday, October 06, 2011 12:17 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Paley Center iCollection

Hello Beth,

I have been dealing with them for over a year now.  We piloted it last year and 
were the first to sign on.  I'll contact you shortly to talk about it.

Philip Hallman
Film Studies Librarian
University of Michigan
Dept of Screen Arts & Cultures / Hatcher Graduate Library
105 S. State Street
6330 North Quad
Ann Arbor, MI  48109
734/615-0445

-Original Message-
From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Beth Clausen
Sent: Thursday, October 06, 2011 12:48 PM
To: videolib@lists.berkeley.edu
Subject: [Videolib] Paley Center iCollection

Hello -
Have any of you subscribed to The Paley Center for Media's iCollection for 
Colleges and Universities? If so, would be willing to share (off list) any 
thoughts or insights related to your experience providing access to this 
resource? 

The content, which will continue to grow in volume, looks fantastic and has a 
lot of potential for many researchers and students at my university. 
Specifically, what I am looking for is some information about your experience 
or feedback from users you have had regarding how the resource actually works 
for them for their purposes. From my librarian's viewpoint, the interface and 
functionality are a little frustrating - for example -  advertisements that 
played during a particular show are listed - but there are not any times of 
when they played provided so it is difficult to find the actual commercials. 
But maybe my concerns should take a backseat to content provision? 

Thanks in advance!
Beth


Beth E. Clausen
Northwestern University Library
Evanston, IL  60208
847-491-2891
b-clau...@northwestern.edu



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

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

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: [slavcin-l] Help in identifying a film

[Brewer, Michael]

Can anyone help?
mb

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu


-Original Message-
From: Alexander Prokhorov [mailto:axp...@wm.edu] 
Sent: Tuesday, September 20, 2011 12:08 PM
To: slavci...@lists.wm.edu
Subject: [slavcin-l] Help in identifying a film


I am working with a collection of labor camp correspondence (the letter in 
question dates to 1944) in which an inmate reports seeing an American film 
titled "Uragan" in the Soviet labor camp in which he is being held.  He says 
that the plot of the film centers on a prisoner who escapes  from hard labor 
and returns to the wife he has not seen in 8 years.  During their separation, 
the wife has had a child.

I have poked around some online, but I cannot seem to find anything from the
right period that looks like a likely match.Any suggestions for how best to
proceed would be very welcome.If at all possible, I would like to identify
the film in question.  The letters mention screenings of other American films 
in the camp, including some made as late as 1941.   Thanks in advance for any
advice or help you can provide.   Best wishes, Emily

Dr. Emily Johnson
Associate Professor
Dept. of Modern Languages, Literatures & Linguistics University of Oklahoma
780 Van Vleet Oval, Room 206
Norman, OK 73019
phone: (405) 325-1486
fax: (405) 325-0103
emilydjohn...@ou.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] Extended Education Classes

[Brewer, Michael]

You are still a non-profit institution, the purpose is still instruction and it 
is face to face.  I don't see where the issue is.  The videos only need to be 
legal copies (they don't have to belong to the institution - they could be 
acquired through ILL, or be copies owned by the faculty).

mb

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Brigid Duffy
Sent: Tuesday, September 13, 2011 8:28 AM
To: videolib@lists.berkeley.edu
Subject: [Videolib] Extended Education Classes

Hi Videolib,

The face-to-face exemption allows:

"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"

A question has come up as to how far that goes.

Our extended education program has satellite programs in connection with other 
colleges in the area. Can videos that SFSU bought for SFSU classes be shown?

Our extended education program has a 'credit partners' option for businesses 
and conferences, which will allow university credit for in-house training or 
conferences, if they meet our university department's standards for 
instruction. Can they use videos we have bought in face to face instruction?

I swear, every time somebody tries to clear up copyright issues, somebody else 
creates a new grey area.

Thanks for any information, ideas or opinions.


Brigid Duffy
Academic Technology
San Francisco State University
San Francisco, CA  94132-4200
E-mail: bdu...@sfsu.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] Need your reality check, pls

[Brewer, Michael]

The fact of the matter is that this kind of work (the "preservation work Gary 
is talking about) is more likely to increase the value of a copyrighted work 
(by making it as available for research and teaching), than to harm it (by a 
lot!).  Owners might be concerned that, were they then to rerelease, libraries 
would just continue to rely on old "preserved" copies of VHS tapes on DVD.  If 
there is a way to allay these fears, then I think we should try to do this (by 
writing into our policies, that, should a new copy of something that we 
"preserved" using 108 or fair use, we would purchase a new copy if it is at a 
reasonable price, or discontinue the circulation of the original).  That said, 
the reality is that when a nice digital version become available, users will 
want the new version (and we will likely get it, as we react to the needs of 
our users).  This approach is really a win win for users, libraries and 
copyright owners. 

mb

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu


-Original Message-
From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of 
ghand...@library.berkeley.edu
Sent: Monday, September 12, 2011 1:11 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Need your reality check, pls

You're picking at nits, Jessica...and you're making me itch.

This project is aimed at developing ways to identify portions of a standing 
library video collection that are likely to be 1) at some physical risk of 
deterioration or destruction 2) Not currently available for purchase in any 
format.  Again, the focus is primarily on titles which were initially available 
commercially.

NYU, for their part, seems to be focusing on titles which are scarcely held in 
US libraries.  I'm less concerned about scarcity than materials which are of 
heavily used or which have demonstrated historical value.

No one is talking "archival" here.

If the items in question were available for purchase, we'd be buying them as 
replacement.  The alternative is to let the tapes crumble...something that will 
certainly happen if we have to "work with the rights owners."

"since the head of the project is against even contacting rights holders"...who 
are you talking about?  You got the wrong project.  One of the main focuses of 
this study is to develop workflows and methods for attempting to identify 
acquisition sources, including rights holders.

Gary



> Well my problem is the idea that transferring a VHS to DVD constitutes 
> any kind of "preservation" or "archiving", beyond the "preservation"
> of a place being able to keep a copy of something that is not 
> intrinsically rare or special. Is every person who copies their old 
> VHS collection to DVD an archivist?  While I understand the 
> frustration of something you use being unavailable is twisting a 
> section of the law clearly meant for real preservation of genuinely 
> rare materials not items that are out of print because in most cases 
> the rights holders can't afford to put them out and of course if 
> institutions just make copies of old VHS copies, they will never be 
> released in a decent version. It is ironic that in trying to keep 
> items "available" you will dramatically lesson the possibility that 
> they will in fact become available in a real copy mastered from good 
> materials. Not to mention that the only people who will ever  see them 
> are institutions who bought copies when the VHS ( or DVD) was 
> originally released.
>
> You might suggest that some of this energy be put to actually working 
> with rights holders to get these rare items actually released, however 
> since the head of the project is against even contacting rights 
> holders I won't hold my breath.
>
> On Mon, Sep 12, 2011 at 3:40 PM,   wrote:
>> That's what is enormously idiotic about 108 (well, one of the things):
>> there is absolutely no adequate definition of "damaged" or "at risk." 
>> If we waited until the damn things were totally unplayable, how could 
>> we preserve them.  I'm basically taking the tact that virtually any 
>> tape over a few years old (which means almost all of them) is at some 
>> physical risk and has deteriorated to some extent.  Bottom line is if 
>> it's on tape and if it can't be repurchased in any format, it's fair 
>> game in my book.
>>
>> gary
>>
>>
>>
>>
>>> What really constitutes "physical danger." Does it have to be actual 
>>> damage to the tape, bleed through, discoloration, etc., or can it be 
>>> the fact that it might just cease to exist? Is this one of those "I 
>>> know what it is when I see it" definitions, or is it really much 
>>> more literal that that?
>>>
>>> What would that be -- they're being disappeared.
>>>
>>> Randal Baier
>>>
>>>
>>> - Original Message -
>>> From: "Jessica Rosner" 
>>> To: videolib@lists.berkeley.edu
>>> Sent: Monday, September 12, 2011 2:23:24 PM
>>> Subj

Re: [Videolib] ioffer.com ??

[Brewer, Michael]

Sounds bogus.  The Berne Act is often misstated.  In general it guarantees the 
same or greater protection in the signatory's country as in the country where 
the work was first copyrighted.  This doesn't fit that basic guideline.  I 
could find out for sure, if you like.

mb

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Rosen, Rhonda J.
Sent: Tuesday, September 06, 2011 1:35 PM
To: videolib@lists.berkeley.edu
Subject: [Videolib] ioffer.com ??


I'm trying to find a couple of Chinese films.   I found "In the Heat of the 
Sun" at ioffer.com.ridiculously cheap.

Anyone know of this site.  They have the film, but say it is public domain, 
with this statementLegal?  doesn't sound right

Rhonda

This Listing violates NO Laws. Read below for more Copyright Information . The 
section of American copyright law known as "The Berne Act" clearly states: 
films unreleased in the United States, including original version of films 
altered and/or edited for release in the United States, are not protected by 
American copyright; thus, they are considered public domain. The entire purpose 
of our company is to provide (otherwise unavailable) films to the serious video 
collector.
We do not offer videos owned by American releasing companies. If a film should 
become available domestically, we immediately stop offering it to our clients.

Rhonda Rosen| Head, Media & Access Services
William H. Hannon Library | Loyola Marymount University
One LMU Drive, MS 8200 | Los Angeles, CA 90045-2659
rhonda.ro...@lmu.edu| 310/338-4584|
http://library.lmu.edu
 "You see, I don't believe that libraries should be drab places where people 
sit in silence, and that's been the main reason for our policy of employing 
wild animals as librarians."
--Monty Python





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] L'Inhumaine

[Brewer, Michael]

Sounds like a job for Section 108 (borrow a VHS copy, make a VHS copy to check 
out and/or a digital copy to use in-library). 
mb
On Aug 22, 2011, at 5:42 PM, Shoaf,Judith P wrote:

> A professor here wanted to show this 1924 film to her class but found that 
> the library VHS copy had gone missing. She has a copy herself, but it's 
> French (Secam, presumably) with French title cards, so only the French majors 
> can enjoy it and then only in the lab, where we have a secam player. 
> 
> Facets has dvd/vhs copies to rent, apparently, and they announce a DVD for 
> sale "soon." Does anyone know anything about a DVD release, or a source for a 
> version with English titles?
> 
> Judy Shoaf
> 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] vhs only list

[Brewer, Michael]

I  don't find it there.
mb

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner
Sent: Thursday, August 18, 2011 4:09 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] vhs only list

I am not sure if you are kidding, but I was not trying to be snarky. Can 
someone check on OCLC and tell me if someone actually claims to have a copy of 
THE DAY THE CLOWN DIED? A friend of mine who programs a film festival in 
Atlanta sent out an April Fools press release that it would finally premier 
there with Jerry Lewis it attendance and I BELIEVED IT.
On Thu, Aug 18, 2011 at 7:05 PM, 
mailto:ghand...@library.berkeley.edu>> wrote:
I've updated the list to reflect your snarky comments, Jessica

gary


> A couple of quick notes from a VERY quick look. A number of the titles
> listed as having been out on VHS were either "grey" market, mostly pre
> GATT
> European films, or flat out illegal copies (Porgy and Bess) or mind
> blowing.
> Seriously some one has a copy of The Day The Clown Cried? I thought it
> would
> be in a vault next the 6 hour version of GREED & LONDON AFTER MIDNIGHT.
> That
> would not just be an illegal copy, but the mother of all rarities.
>
> A few things I did catch. The following films are out on DVD, ABRAHAM
> LINCOLN, THE KILLING OF SISTER GEORGE, DARK CITY and PHENIX CITY STORY
> (That
> one is in WB box set only). One rarity never out on DVD is I HEARD THE OWL
> CALL MY NAME.
>
> I am sure there is a lot more. Sorry for not being able to add this myself
> but I am just no good at those sorts of things.
>
> On Thu, Aug 18, 2011 at 2:17 PM, Chris Markman 
> mailto:cmark...@clarku.edu>>
> wrote:
>
>> Hi Gary,
>>
>> I've been working on some charts to go along with the list using my
>> favorite screen scraper. It's a mostly automated process so there are
>> some
>> errors at the moment but I could see this being a very useful resource
>> in
>> years to come - especially when the "in X years everything will be
>> streaming" debate crops up from time to time.
>>
>> Here's a quick sample of what I have so far:
>>
>>
>> https://my.needlebase.com/actions/visualizer/V2Visualizer.do?domain=VHS-Only&query=Year+Distribution+Chart
>>
>> The list is still missing many dates but the "hump" through the 40s and
>> 50s
>> seems pretty clear.
>>
>>
>> https://my.needlebase.com/actions/visualizer/V2Visualizer.do?query=Top+Directors&domain=VHS-Only
>>
>> I'm noticing some duplicate entries and other errors on that link but
>> it'll
>> be easy to clean up later - if everyone could stick to the same citation
>> format while they're doing edits that will make this process much easier
>> :)
>>
>> Eventually I'll figure our a way to fill in the missing date and
>> director
>> fields using the same site. Oh, and I should mention that if anyone
>> wants to
>> export this data and take a look at their collection it's really easy to
>> do
>> in Needlebase. Here's a link to an Excel friendly CSV file:
>> https://my.needlebase.com/actions/api/V2Visualizer.do?domain=VHS-Only&render=Excel&query=Title
>>
>> Please err on the side of caution when you're using this data - work in
>> progress!
>>
>> Chris Markman
>> Resource Library Coordinator
>> Visual & Performing Arts
>> Clark University
>> 508.793.7481
>> cmark...@clarku.edu
>>
>>
>>
>> On Thu, Aug 18, 2011 at 1:27 PM, 
>> mailto:ghand...@library.berkeley.edu>> wrote:
>>
>>> Hi all
>>>
>>> Well, being the obsessive/compulsive type that I am, I spent a few
>>> hours
>>> with the list yesterday and this morning.  Added a fair sprinkling of
>>> literature-into-film titles.  I also did a quick cull thru the entire
>>> list
>>> and updated availability for many.
>>>
>>> I've been thinking:  this is a really unique and useful resource.
>>> Definitely think we should share it more broadly than this list.
>>> Anyone
>>> got RTSD list connections?  Other ideas?  I think a short article in
>>> Against the Grain might be useful (I love that little journal!).  Any
>>> other ideas?
>>>
>>> gary
>>>
>>>
>>> Gary Handman
>>> Director
>>> Media Resources Center
>>> Moffitt Library
>>> UC Berkeley
>>>
>>> 510-643-8566
>>> ghand...@library.berkeley.edu
>>> http://www.lib.berkeley.edu/MRC
>>>
>>> "I have always preferred the reflection of life to life itself."
>>> --Francois Truffaut
>>>
>>>
>>> VIDEOLIB is intended to encourage the broad and lively discussion of
>>> issues relating to the selection, evaluation, acquisition,bibliographic
>>> control, preservation, and use of current and evolving video formats in
>>> libraries and related institutions. It is hoped that the list will
>>> serve as
>>> an effective working tool for video librarians, as well as a channel of
>>> communication between libraries,educati

Re: [Videolib] Snapshot of highest used videos

[Brewer, Michael]

We ran these kinds of reports some years ago when I was trying to advocate for 
more money (and, more importantly, more respect) for film in the academic 
setting.  I think it may also have had to do with getting supporting data for 
purchasing the FMG package (or going in with ASU on a pilot to do a sort of PDA 
thing with FMG). 

At the same time we were doing similar stuff with our print collection and 
finding things like less than 10% of some of our foreign language titles 
circulated in their first 5 years on the shelf.  40% to 60% were considered 
REALLY high numbers for book collections to have circulated in the first 5 
years. We found that we didn't own a film title that hadn't circulated at least 
once.  We couldn't say that (not even close) for any of our other collections.  
I don't remember what the top circulated titles were.  

mb

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu


-Original Message-
From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Deg Farrelly
Sent: Wednesday, August 17, 2011 2:15 PM
To: videolib@lists.berkeley.edu
Subject: [Videolib] Snapshot of highest used videos

An interesting bit of data (I think)

A couple weeks ago I found myself wondering, for no apparent reason, what our 
most used videos are.  So I asked our head of Access Services (Circulation) to 
run a list for me.  From a list of all the videos in all the locations in ASU 
Libraries, she generated a list of the top 250 titles by total circulation.

The list is all circulation (minus Reserve use)  since we changed to a new 
online system 15 years ago.  It does not differentiate between video formats.  
That could be done but we did not do so in this investigation.

The resulting list does not include Reserve use because it's stored elsewhere 
in the system and cannot be extracted by title.  Titles with multiple copies 
held in different libraries are not aggregated into a single count.  So 
multiple copies of Still Killing Us Softly (and some other titles) appear twice 
on the list.

But the results are interesting even so.

Of 250 titles, more than half (60+%) are feature films  -  151

* The most borrowed title is Still Killing us Softly (419 circs if you 
aggregate the copies, 218 for one copy)
* The most borrowed Feature Film:  Forest Gump (310)
* The lowest circ of the top 250 titles is 95 uses.

Anyone else run data like this?

deg farrelly
Arizona State University

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] Public Performance Rights in Academic Libraries

[Brewer, Michael]

I feel like it is more likely that people will get to the fine print, notes 
(which are included on the PDF copy) than to the text of the copyright law.  I 
would rather try to educate than throw up my hands, or provide so much detail 
that no one uses my educational tools.  I personally feel like I've found a 
good middle ground.
mb
On Aug 9, 2011, at 4:10 PM, Jessica Rosner wrote:

I think is may be a timing /format issue for me Michael. I am concerned because 
click number #2 goes to the bit about copy or "legal reproduction" . My fear is 
that is so large and out there people may not get to the fine print. Per my 
recent post when the major academic studies organization is claiming off air 
and material borrowed from friends are "legal" copies one gets extra sensitive. 
I would feel better if the reference to "reproduction of legal copy" included a 
caveat that this was only for the purpose of clips and not an entire work right 
at the get go.

On Tue, Aug 9, 2011 at 7:03 PM, Brewer, Michael 
mailto:brew...@u.library.arizona.edu>> wrote:
In order to stream a film, one must make a digital reproduction to change the 
format.  That would be legal, either due to the 1201 rules, or 110(2) if it is 
a VHS to digital reproduction.  One could also argue that there are other 
situations where a reproduction would be legal (though perhaps only for certain 
purposes or in certain contexts, like the use of a legal reproduction made 
under section 108 if it is analog or if it is digital and is not made available 
to the  public outside the library).

I think I make it pretty clear in the examples, though, what I am talking about:

Examples: 1) If you're screening a film in class, you should not use a dubbed 
copy.* Use a legally acquired copy. 2) If you're streaming portions of a film 
(under TEACH), the copy from which the streaming files are created must be a 
legal one.

And this as well:


  *   Bottom Line: If you are unsure of whether or not your copy is legal or 
was legally obtained (e.g. it's a DVD-R of a popular film with no case or 
studio information printed on it), you should check with a librarian or a 
copyright specialist.
Not sure how I could be any more clear than this.

mb




Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.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, August 09, 2011 3:09 PM

To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu>
Subject: Re: [Videolib] Public Performance Rights in Academic Libraries


No the tool asks if it is a legal copy or a "REPRODUCTION OF A LEGAL COPY " on 
the 2nd click in to the link you posted.It<http://posted.It> does not appear to 
me to offer any explanation for why a "reproduction" would be 
legal.to<http://legal.to/> me that is going to lead to a lot of confusion even 
if later on it tells you to go directly to 110.

Is this a typo, a mistake or can you simply add an asterisk next to 
"reproduction" explaining that you can make copies of CLIPS under certain 
circumstances.

I  am not trying to play with semantics here, because when you have others 
claiming that for instance anything taped off TV can be used indefinately and 
it is pretty much not your responsibility to know what is legal or not ( "best 
uses " document issued by Society for Cinema & Media Studies) rights holders do 
get concerned. I know you are trying to follow copyright law so if you think I 
am misreading this let me know.
On Tue, Aug 9, 2011 at 5:50 PM, Brewer, Michael 
mailto:brew...@u.library.arizona.edu>> wrote:
The tool asks if the copy is a legal one.  If you say “no” then it notes that 
the copy must be legal. It also provides a note with a lot of information about 
what is or is not legal, etc.  Not sure how much more I could add in to the 
tool (a lie detector app?).  Also, the latest LOC 1201 rules have been 
incorporated into this tool (so it allows for reformatting for 110 uses).
mb

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.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, August 09, 2011 12:55 PM

To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu>
Subject: Re: [Videolib] Public Performance Rights in Academic Libraries

I agree, but it does not seem that this qualification of a "copy" is limited to 
clip

Re: [Videolib] Public Performance Rights in Academic Libraries

[Brewer, Michael]

In order to stream a film, one must make a digital reproduction to change the 
format.  That would be legal, either due to the 1201 rules, or 110(2) if it is 
a VHS to digital reproduction.  One could also argue that there are other 
situations where a reproduction would be legal (though perhaps only for certain 
purposes or in certain contexts, like the use of a legal reproduction made 
under section 108 if it is analog or if it is digital and is not made available 
to the  public outside the library).

I think I make it pretty clear in the examples, though, what I am talking about:

Examples: 1) If you're screening a film in class, you should not use a dubbed 
copy.* Use a legally acquired copy. 2) If you're streaming portions of a film 
(under TEACH), the copy from which the streaming files are created must be a 
legal one.

And this as well:


  *   Bottom Line: If you are unsure of whether or not your copy is legal or 
was legally obtained (e.g. it's a DVD-R of a popular film with no case or 
studio information printed on it), you should check with a librarian or a 
copyright specialist.
Not sure how I could be any more clear than this.

mb




Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu>

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner
Sent: Tuesday, August 09, 2011 3:09 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Public Performance Rights in Academic Libraries

No the tool asks if it is a legal copy or a "REPRODUCTION OF A LEGAL COPY " on 
the 2nd click in to the link you posted.It does not appear to me to offer any 
explanation for why a "reproduction" would be legal.to<http://legal.to> me that 
is going to lead to a lot of confusion even if later on it tells you to go 
directly to 110.

Is this a typo, a mistake or can you simply add an asterisk next to 
"reproduction" explaining that you can make copies of CLIPS under certain 
circumstances.

I  am not trying to play with semantics here, because when you have others 
claiming that for instance anything taped off TV can be used indefinately and 
it is pretty much not your responsibility to know what is legal or not ( "best 
uses " document issued by Society for Cinema & Media Studies) rights holders do 
get concerned. I know you are trying to follow copyright law so if you think I 
am misreading this let me know.
On Tue, Aug 9, 2011 at 5:50 PM, Brewer, Michael 
mailto:brew...@u.library.arizona.edu>> wrote:
The tool asks if the copy is a legal one.  If you say "no" then it notes that 
the copy must be legal. It also provides a note with a lot of information about 
what is or is not legal, etc.  Not sure how much more I could add in to the 
tool (a lie detector app?).  Also, the latest LOC 1201 rules have been 
incorporated into this tool (so it allows for reformatting for 110 uses).
mb

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.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, August 09, 2011 12:55 PM

To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu>
Subject: Re: [Videolib] Public Performance Rights in Academic Libraries

I agree, but it does not seem that this qualification of a "copy" is limited to 
clips ( FYI it is NOT limited to streaming) and could lead to major confusion.
This is a sensitive issue because SCMS and others "academics" have pretty much 
claimed "any" copy is legal including one made by a friend off TV 5 years ago 
and then digitized. Believe it or not I am not trying to be difficult but is it 
clear that the copy of the legal copy is only clips and not whole films under 
"face to face"?
On Tue, Aug 9, 2011 at 3:46 PM, Brewer, Michael 
mailto:brew...@u.library.arizona.edu>> wrote:
In order to stream a "limited and reasonable portion" of a film, which is 
allowable under 110(2) under the conditions provided in the tool (and we've 
been over this before on this listerv), you  have to create a digital copy of 
that portion of the work.
mb

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.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, August 09, 2011 12:37 PM

To: videolib@lists.berkel

Re: [Videolib] Public Performance Rights in Academic Libraries

[Brewer, Michael]

The tool asks if the copy is a legal one.  If you say "no" then it notes that 
the copy must be legal. It also provides a note with a lot of information about 
what is or is not legal, etc.  Not sure how much more I could add in to the 
tool (a lie detector app?).  Also, the latest LOC 1201 rules have been 
incorporated into this tool (so it allows for reformatting for 110 uses).
mb

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu>

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner
Sent: Tuesday, August 09, 2011 12:55 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Public Performance Rights in Academic Libraries

I agree, but it does not seem that this qualification of a "copy" is limited to 
clips ( FYI it is NOT limited to streaming) and could lead to major confusion.
This is a sensitive issue because SCMS and others "academics" have pretty much 
claimed "any" copy is legal including one made by a friend off TV 5 years ago 
and then digitized. Believe it or not I am not trying to be difficult but is it 
clear that the copy of the legal copy is only clips and not whole films under 
"face to face"?
On Tue, Aug 9, 2011 at 3:46 PM, Brewer, Michael 
mailto:brew...@u.library.arizona.edu>> wrote:
In order to stream a "limited and reasonable portion" of a film, which is 
allowable under 110(2) under the conditions provided in the tool (and we've 
been over this before on this listerv), you  have to create a digital copy of 
that portion of the work.
mb

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.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, August 09, 2011 12:37 PM

To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu>
Subject: Re: [Videolib] Public Performance Rights in Academic Libraries

Um are you saying it is OK to use a "reproduction of a legal copy" ?  That 
would actually be a bootleg or pirate copy which is not legal. Copying is one 
of the exclusive rights of the copyright holder and I don't want to get bogged 
down on the exemption of making and archive copy of an original that is 
physical danger since you can't use  those in classes anyway. Could  you please 
clarify this?
On Tue, Aug 9, 2011 at 3:17 PM, Brewer, Michael 
mailto:brew...@u.library.arizona.edu>> wrote:
Just a plug for the eTool for Instructors, which can help you determine whether 
or not your performance/display falls under either portion of Section 110 and 
then collect the information you would need to support that performance/display 
in PDF format.

http://librarycopyright.net/etool/

mb

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.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, August 09, 2011 9:11 AM

To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu>
Subject: Re: [Videolib] Public Performance Rights in Academic Libraries

Again this is one of the parts of copyright law that is very clear. In general 
any showing outside of home/personal setting is considered a  public 
performance and requires a license/ permission from the  rights holder. The one 
exception is the "face to face " teaching exemption, this allows full length 
films to be used in classes under the following conditions, the film is shown 
in a classroom or similar place of instruction, an instructor is present, the 
film is part of a course syllabus and the only students allowed to view a film 
are students enrolled in the course. Bottom line you can show the film in a 
"real" class, any other screenings on campus even if they are for "educational 
purposes" do not charge admission, are not open to anyone off campus etc ARE in 
fact public performances that require a license. I have heard every excuse in 
the book over the years. In many cases they are from people or groups who are 
genuinely ignorant of the law which while not a legal defense makes me a little 
more inclined not to throw the book at them, but there are also people who very 
deliberately break the law claiming everything from "they are helping more 
people see the movie" to it is really a "class" it just has no syllabus, 
papers, 

Re: [Videolib] Public Performance Rights in Academic Libraries

[Brewer, Michael]

In order to stream a "limited and reasonable portion" of a film, which is 
allowable under 110(2) under the conditions provided in the tool (and we've 
been over this before on this listerv), you  have to create a digital copy of 
that portion of the work.
mb

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu>

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner
Sent: Tuesday, August 09, 2011 12:37 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Public Performance Rights in Academic Libraries

Um are you saying it is OK to use a "reproduction of a legal copy" ?  That 
would actually be a bootleg or pirate copy which is not legal. Copying is one 
of the exclusive rights of the copyright holder and I don't want to get bogged 
down on the exemption of making and archive copy of an original that is 
physical danger since you can't use  those in classes anyway. Could  you please 
clarify this?
On Tue, Aug 9, 2011 at 3:17 PM, Brewer, Michael 
mailto:brew...@u.library.arizona.edu>> wrote:
Just a plug for the eTool for Instructors, which can help you determine whether 
or not your performance/display falls under either portion of Section 110 and 
then collect the information you would need to support that performance/display 
in PDF format.

http://librarycopyright.net/etool/

mb

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.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, August 09, 2011 9:11 AM

To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu>
Subject: Re: [Videolib] Public Performance Rights in Academic Libraries

Again this is one of the parts of copyright law that is very clear. In general 
any showing outside of home/personal setting is considered a  public 
performance and requires a license/ permission from the  rights holder. The one 
exception is the "face to face " teaching exemption, this allows full length 
films to be used in classes under the following conditions, the film is shown 
in a classroom or similar place of instruction, an instructor is present, the 
film is part of a course syllabus and the only students allowed to view a film 
are students enrolled in the course. Bottom line you can show the film in a 
"real" class, any other screenings on campus even if they are for "educational 
purposes" do not charge admission, are not open to anyone off campus etc ARE in 
fact public performances that require a license. I have heard every excuse in 
the book over the years. In many cases they are from people or groups who are 
genuinely ignorant of the law which while not a legal defense makes me a little 
more inclined not to throw the book at them, but there are also people who very 
deliberately break the law claiming everything from "they are helping more 
people see the movie" to it is really a "class" it just has no syllabus, 
papers, instructor or class sessions outside of the film showings.

Again this is not much of a gray. Technically even something like an academic 
conference would not be considered face to face as it is not a specific class 
of enrolled students though most companies are happy to waive this.

Bottom line is that the film showing is  part of  aregular , real class, 
limited to students specifically enrolled in that class and shown in a 
classroom or similar room it is covered by the face to face exemption, ANYTHING 
else is a public performance.

One side note. The number of students in the class makes no difference. It is 
an intro class at a large school with 400 students it would still be covered by 
face to face.
On Tue, Aug 9, 2011 at 11:46 AM, Chris Markman 
mailto:cmark...@clarku.edu>> wrote:
As a matter of practicality, where is the cut off between public and private 
screenings in an academic setting? Is it the facilities, funding, advertising, 
intended audience, or all of the above?

Chris Markman
Resource Library Coordinator
Visual & Performing Arts
Clark University
508.793.7481
cmark...@clarku.edu<mailto:cmark...@clarku.edu>
On Tue, Aug 9, 2011 at 9:51 AM, Shoaf,Judith P 
mailto:jsh...@ufl.edu>> wrote:

This discussion reminded me of an event in my freshman year. Kenneth Clark's 
Civilisation series had recently been shown on TV, I think, but not many 
undergrads had (or cared to have, except maybe at 6 pm) television access. The 
university sponsored a showing of the series as films projected on the big 
screen--where the images were ravishi

Re: [Videolib] Public Performance Rights in Academic Libraries

[Brewer, Michael]

Just a plug for the eTool for Instructors, which can help you determine whether 
or not your performance/display falls under either portion of Section 110 and 
then collect the information you would need to support that performance/display 
in PDF format.

http://librarycopyright.net/etool/

mb

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner
Sent: Tuesday, August 09, 2011 9:11 AM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Public Performance Rights in Academic Libraries

Again this is one of the parts of copyright law that is very clear. In general 
any showing outside of home/personal setting is considered a  public 
performance and requires a license/ permission from the  rights holder. The one 
exception is the "face to face " teaching exemption, this allows full length 
films to be used in classes under the following conditions, the film is shown 
in a classroom or similar place of instruction, an instructor is present, the 
film is part of a course syllabus and the only students allowed to view a film 
are students enrolled in the course. Bottom line you can show the film in a 
"real" class, any other screenings on campus even if they are for "educational 
purposes" do not charge admission, are not open to anyone off campus etc ARE in 
fact public performances that require a license. I have heard every excuse in 
the book over the years. In many cases they are from people or groups who are 
genuinely ignorant of the law which while not a legal defense makes me a little 
more inclined not to throw the book at them, but there are also people who very 
deliberately break the law claiming everything from "they are helping more 
people see the movie" to it is really a "class" it just has no syllabus, 
papers, instructor or class sessions outside of the film showings.

Again this is not much of a gray. Technically even something like an academic 
conference would not be considered face to face as it is not a specific class 
of enrolled students though most companies are happy to waive this.

Bottom line is that the film showing is  part of  aregular , real class, 
limited to students specifically enrolled in that class and shown in a 
classroom or similar room it is covered by the face to face exemption, ANYTHING 
else is a public performance.

One side note. The number of students in the class makes no difference. It is 
an intro class at a large school with 400 students it would still be covered by 
face to face.

On Tue, Aug 9, 2011 at 11:46 AM, Chris Markman 
mailto:cmark...@clarku.edu>> wrote:
As a matter of practicality, where is the cut off between public and private 
screenings in an academic setting? Is it the facilities, funding, advertising, 
intended audience, or all of the above?

Chris Markman
Resource Library Coordinator
Visual & Performing Arts
Clark University
508.793.7481
cmark...@clarku.edu

On Tue, Aug 9, 2011 at 9:51 AM, Shoaf,Judith P 
mailto:jsh...@ufl.edu>> wrote:

This discussion reminded me of an event in my freshman year. Kenneth Clark's 
Civilisation series had recently been shown on TV, I think, but not many 
undergrads had (or cared to have, except maybe at 6 pm) television access. The 
university sponsored a showing of the series as films projected on the big 
screen--where the images were ravishing and the event really had a community 
feeling (definitely more than 50 people there every evening!). I suppose they 
rented rather than purchased the films. (A few years later, my husband and I 
bonded over a similar showing of the restored Astaire-Rogers RKO films.)



Since Civilisation was I think long featured in Ambrose Media's collection, I 
think of that when I think of the combination of institutional price + limited 
PPR that Ambrose sells. Of course showing a videotape of an older series to 50 
students is not at all the same as the "event" quality I am recalling. Nowadays 
the event tends to be the actual broadcast, which gathers people in common 
areas with TV viewing (or something like the Met's HD opera broadcasts, which 
form local & virtual communities).



But memories like that do lead me to support the idea of film societies *with 
budgets*!



Judy Shoaf

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 

[Videolib] Fwd: Happy Birthday!

[Brewer, Michael]

Some might find this interesting. Looks at the copyright status of the happy 
birthday song.

Sent from my iPad

Begin forwarded message:

From: Eric J Harbeson 
mailto:eric.harbe...@colorado.edu>>
Date: June 26, 2011 10:43:16 AM CDT
To: Michael Brewer 
mailto:brew...@u.library.arizona.edu>>
Subject: Happy Birthday!

Hi Michael,

Here's the article I mentioned.  Happy reading!

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=624

Eric

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] Fwd: Chronicle: Elfin Whimsy

[Brewer, Michael]

FYI

Sent from my iPad


U. of Michigan Tests Murky Waters of Copyright Law by Offering Digital Access 
to Some ‘Orphan’ Books

June 23, 2011, 7:31 pm

By Jeff Young

The University of Michigan has taken an unprecedented step into a murky area of 
copyright law in the name of making thousands of its library books available to 
campus users in digital form. At least one publishing official calls the new 
practice illegal, while others say it could help solve the thorny issue of 
so-called “orphan works,” books in copyright whose owners are unknown.


On Thursday the library announced that books in its digital collection that 
have been identified as orphans after a careful search for a copyright owner 
will be available for reading online—but only to users on campus. Hundreds of 
thousands of books in the library have been scanned as part of the university’s 
partnership with Google, which is working with several major libraries to build 
a comprehensive digital collection. The books are now searchable in a public 
online database, but full electronic text of the 
orphan books have never been shared with users because of concerns about 
whether copyright law allows such digital access.


“These books were meant to be read, and we want to make them easier to read,” 
said Paul Courant, dean of libraries at the University of Michigan, in an 
interview on Thursday. “All we’re doing is making them available to our 
students, faculty, and staff who could already come into the library and read 
these books. I don’t see why anybody would be against this.”

But at least one publishing official is already raising concerns about the plan.


“Mr. Courant may believe this step is justified under fair use, but as far as I 
know, there is nothing in either the copyright statute or the case law to 
justify such a sweeping claim,” said Peter Givler, executive director of the 
Association of American University Presses, in an e-mail. “We all know that 
orphan works are a problem, and we would all benefit from a good solution. The 
plain fact is, though, that their orphan status isn’t determined by the elfin 
whimsy of private parties, but federal law. It’s up to Congress to fix it, not 
Google or the University of Michigan.”

Mr. Courant bristled at the characterization of his library’s effort. “I plead 
not guilty of elfin whimsy,” he said, noting that the library has set up a 
careful, time-consuming, and expensive procedure to determine whether a book is 
truly orphaned—an effort it announced in 
May.




The university plans to make bibliographic information about books it 
identifies as orphans available on a public Web site, and if any publisher or 
copyright owner sees one of its books being used without permission and comes 
forward, librarians will work with them to resolve the issue. “We want the 
process to be extremely open and visible, with bright lights shining 
everywhere,” Mr. Courant said. The goal, he added, is to figure out a way to 
“do a reliable, robust job of tracking down the foster parents of these orphan 
works.”


He said he hopes that because most of the material is scholarly, or otherwise 
never had big sales commercially, that copyright owners who do emerge from the 
woodwork will agree to make the books available digitally for free under a 
Creative Commons license. “If somebody calls me up and tells me my Great Aunt 
Minnie published a monograph on how to play piano, and would I mind if it were 
used by Stanford University library, I’d say hot damn,” he said, noting that he 
would quickly agree to free access.


“My attorney says this is legitimate under fair use,” said Mr. Courant. “When 
people find ways of making things better for people without harming anybody 
else, I think they ought to do that. I really do.”


The electronic copies of the books are stored online in a joint effort with 
other universities called the HathiTrust Digital Library, which has a total of 
6.4 million books that are not in the public domain. Not all of those are 
orphans, but one recent estimate found that more than two million of those 
books are orphans. Such books are effectively in digital limbo because their 
owners cannot be found to ask permission for digital use.

The university expects the first orphan e-books to become available to 
on-campus readers through the new effort starting in October.


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

Re: [Videolib] FW: New 108 spinner

[Brewer, Michael]

If the law were easy to read, you (who stay very much abreast of these things 
and are not just casually interested in copyright) would not have had questions 
about the legality of copying an entire work for a user, which is in the law. I 
always encourage people to read the law itself, too. That is why there is the 
option of including the entire text of the law on the PDF that is created.

Don't you see value in the fact that this documents a library's use so that it 
can be more fully vetted, or reviewed?
mb
On Jun 23, 2011, at 11:46 AM, Jessica Rosner wrote:

Again Michael my concern is that the spinner highlights at the front everything 
you "can do" but makes it a bit of work to find the restrictions. It all 
depends on who uses it and generally my cynicism is that people who are looking 
for a way out use something in a way they probably can't. I understand it has 
the best intentions, but I really wish the instruction was just to read the 
damn copyright law. I don't really get your claim that relying on the written 
law makes things more confusing. While some issues like the portion you can use 
for "fair use" are open to debate, most of it is reasonably clear. I also 
understand that rights holders often present an extreme view in which "face to 
face" and "fair use" barely exist. In the old days I would not be so concerned, 
but with massive illegal activities on campuses (most being done by professors 
and students but an increasing number being sanctioned by the administration 
and in some cases libraries) regarding copyrighted works I tend to think the 
worst. As you know I have had a couple of interesting situations regarding ALA 
in particular, the highlight of which where A. Having the previously open 
meeting closed because why would one want a rights holder to hear what was 
being discussed B. having a major figure in the field and head of major 
sanctioned preservation project tell a librarian at an ALA session NOT to try 
to contact a rights holder if they wanted to determine if a work was in fact 
rare and needed to be preserved because they would only cause trouble) I have 
become very, very cynical. I can't say enough how upset distributors and 
filmmakers are that the academic community which they believed where their 
friends have in many cases simply ripped them off without a thought. Worst of 
all I don't see things getting better but much, much worse as institutions 
under budget crunches and teachers under the belief that anything they want to 
use should be available for little or no cost continue to drive independent 
companies & filmmakers out of business while claiming they are  just want to 
make material easily available.

I get this is must be the thousandth time I have said this and on a scale of 
1-10 my issues with the spinner are small, but I do see them as part of an 
increasing divide between the library community and people trying to get paid 
fairly for works they made and spent a lot of money doing it.



On Thu, Jun 23, 2011 at 2:04 PM, Brewer, Michael 
mailto:brew...@u.library.arizona.edu>> wrote:
Jessica,

But if you rely on the law as written, it is much more confusing than any of 
this.  Figuring out any of the criteria you mention in the law takes real work 
and concentration, not just a click or two, and even with that time a 
concentration, it is easy to get things mixed up (as we've seen on this 
listserv).  If people follow the workflow for the tool, they will get all the 
information on the spinner.  Everything pertinent is included, so even if they 
didn't click "more criteria," they will still get it.  If they go to the law, 
there is absolutely no guarantee that they will get the information they need.  
As such, I don't see what the down side is.  Is the goal to obscure the law and 
hope no one uses it, or is it to educate and ensure people understand it and 
take advantage of it correctly?  Were people to become better educated through 
the use of tools like this, there would be fewer misuses of the law (in my 
mind, though I tend to feel being better educated is always a good thing).
mb
On Jun 23, 2011, at 10:44 AM, Jessica Rosner wrote:

The problem Michael is that the Spinner tends to highlight the most generous 
provisions of copyright without getting to the details until you click a few 
times. As noted this provision does not apply to AV materials which is what we 
generally discuss here. Likewise the provision on the digital copies not 
leaving the premise is further down. I get that the ALA wants to highlight the 
easy stuff, but I remain very cynical that the academics and some librarians 
who use this will actually read the restrictions and just jump at the "hey I 
can make a copy" part. I also remain concerned in terms of AV material that the 
material must be a legal copy is not mentioned in most cases. One would lik

Re: [Videolib] FW: New 108 spinner

[Brewer, Michael]

Jessica,

But if you rely on the law as written, it is much more confusing than any of 
this.  Figuring out any of the criteria you mention in the law takes real work 
and concentration, not just a click or two, and even with that time a 
concentration, it is easy to get things mixed up (as we've seen on this 
listserv).  If people follow the workflow for the tool, they will get all the 
information on the spinner.  Everything pertinent is included, so even if they 
didn't click "more criteria," they will still get it.  If they go to the law, 
there is absolutely no guarantee that they will get the information they need.  
As such, I don't see what the down side is.  Is the goal to obscure the law and 
hope no one uses it, or is it to educate and ensure people understand it and 
take advantage of it correctly?  Were people to become better educated through 
the use of tools like this, there would be fewer misuses of the law (in my 
mind, though I tend to feel being better educated is always a good thing).
mb
On Jun 23, 2011, at 10:44 AM, Jessica Rosner wrote:

The problem Michael is that the Spinner tends to highlight the most generous 
provisions of copyright without getting to the details until you click a few 
times. As noted this provision does not apply to AV materials which is what we 
generally discuss here. Likewise the provision on the digital copies not 
leaving the premise is further down. I get that the ALA wants to highlight the 
easy stuff, but I remain very cynical that the academics and some librarians 
who use this will actually read the restrictions and just jump at the "hey I 
can make a copy" part. I also remain concerned in terms of AV material that the 
material must be a legal copy is not mentioned in most cases. One would like to 
assume that everyone instinctively knows this, but too many videos/dvds have 
been out there illegally for me to be in any way trusting particularly when the 
major film studies association and the head of a major library "preservation" 
project assert that anything ever taped off television is a legal copy even if 
it was 20 years ago and you got it from professor Smith.


On Wed, Jun 22, 2011 at 5:37 PM, Brewer, Michael 
mailto:brew...@u.library.arizona.edu>> wrote:
All,

Please take a look at the new Section 108 Spinner 2.0, which has just been 
released by the ALA Office for Information Technology Policy, and which I 
developed.  Your colleagues in ILL, Document Delivery, Digital Libraries, 
Special Collections and other areas may be interested.  This tool was created 
to help libraries and librarians to better understand and more programmatically 
take advantage of Section 108 of US Copyright Law.

http://www.districtdispatch.org/

http://librarycopyright.net/108spinner/

Please let me know if you have any questions.

Thanks,

mb

Michael Brewer
University of Arizona Libraries
brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.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.




--
Jessica Rosner
Media Consultant
224-545-3897 (cell)
212-627-1785 (land line)
jessicapros...@gmail.com<mailto: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.

Re: [Videolib] FW: New 108 spinner

[Brewer, Michael]

@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu>]
>>  *On Behalf Of *Jessica Rosner
>> *Sent:* Thursday, June 23, 2011 11:25 AM
>> *To:* videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu>
>> *Subject:* Re: [Videolib] FW: New 108 spinner
>>
>> ** **
>>
>> That is what I thought, but the spinner says the person keeps it or am I
>> misreading that?
>>
>> On Thu, Jun 23, 2011 at 11:19 AM, 
>> mailto:ghand...@library.berkeley.edu>>
>> wrote:**
>> **
>>
>> The library can, if 108 strictures and requirements are met, make the
>> specified number of copies as replacements for items in the library's
>> collection.  The law says nothing about giving the copy (for keeps) to
>> someone who requests it, Jessica.
>>
>> gary
>>
>>
>>
>>
>>
>> > I admit I know very little on copyright for written materials, but I
>> find
>> > it
>> > hard to believe that a library can make a copy of out of print book
>> for
>> > someone who then gets to use & keep it. I am obviously missing
>> something
>> > here. Can you point me to the part where the researcher gets to keep a
>> > copy
>> > of an out of print but still under copyright written work? One copy
>> per
>> > researcher or per book? Can a library make 100 copies of an out of
>> print
>> > item for 100 different researchers?Again if find this exceptionally
>> odd.
>> > If
>> > this is true why would one  need inter library loan or even o go to a
>> > library to research a rare book, when supposdly they can just request
>> a
>> > copy?
>> >
>> >
>> > On Wed, Jun 22, 2011 at 11:00 PM, Brewer, Michael <
>> > brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu>> wrote:
>> >
>> >> Jessica,
>> >>
>> >> The things you reference are different parts of the section.  For
>> >> scholarly
>> >> research purposes, libraries may make copies of entire print works
>> for
>> >> users
>> >> (to become their property) if they are unavailable for sale in new OR
>> >> used
>> >> copies at a fair price.  Libraries may make up to three copies of any
>> >> work
>> >> for preservation or replacement purposes under certain circumstances
>> >> (outlined in the law and detailed in this tool).  These exceptions
>> are
>> >> clearly written into the law. This tool just provides a more
>> convenient
>> >> and
>> >> understandable means of understanding the law and documenting
>> practice,
>> >> should their copying under 108 come into question. If you go to the
>> >> "Create
>> >> PDF" section for Preservation or Replacement, you will see that the
>> >> restriction on copies leaving the library is clearly spelled out and
>> the
>> >> user is required to assert that they will not be made available to
>> the
>> >> public outside the library, if they are to continue.
>> >>
>> >> Let me know if you have any more questions after you've reviewed
>> these
>> >> sections.
>> >>
>> >> mb
>> >>
>> >> On Jun 22, 2011, at 5:38 PM, Jessica Rosner wrote:
>> >>
>> >> Needless to say I am a bit confused by this, particularly the issue
>> of
>> >> entire copies being made or replaced. Perhaps I am misreading
>> something
>> >> but
>> >> it appears you are saying you can make one copy of a BOOK to someone
>> who
>> >> requests it , if it is not for sale at a fair price? Is that in fact
>> >> what
>> >> you are saying? Then of course you say you can make 3 copies of a
>> film
>> >> if it
>> >> is out of print and "deteriorating ". May I ask why the specific
>> >> declaration
>> >> in section 108 that the copies may NOT leave the library premise is
>> >> missing.
>> >> Do you just get to pick and choose which parts of the section you
>> like?
>> >>  This is dead serious question.
>> >>
>> >> On Wed, Jun 22, 2011 at 5:37 PM, Brewer, Michael <
>> >> brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu><mailto:brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu>>>
>> >>

Re: [Videolib] FW: New 108 spinner

[Brewer, Michael]

Just glance at the law.  This piece (entire works [print] for users) is in 
pretty clear language. It isn't just that things have to be out of print, 
though, they have to be unavailable new or used, so it is much more limiting 
than just out of print. 
mb
On Jun 23, 2011, at 8:51 AM, 
 wrote:

> I think the latter...
> 
> g
> 
> 
>> That is what I thought, but the spinner says the person keeps it or am I
>> misreading that?
>> 
>> On Thu, Jun 23, 2011 at 11:19 AM,  wrote:
>> 
>>> The library can, if 108 strictures and requirements are met, make the
>>> specified number of copies as replacements for items in the library's
>>> collection.  The law says nothing about giving the copy (for keeps) to
>>> someone who requests it, Jessica.
>>> 
>>> gary
>>> 
>>> 
>>> 
>>> 
>>>> I admit I know very little on copyright for written materials, but I
>>> find
>>>> it
>>>> hard to believe that a library can make a copy of out of print book
>>> for
>>>> someone who then gets to use & keep it. I am obviously missing
>>> something
>>>> here. Can you point me to the part where the researcher gets to keep a
>>>> copy
>>>> of an out of print but still under copyright written work? One copy
>>> per
>>>> researcher or per book? Can a library make 100 copies of an out of
>>> print
>>>> item for 100 different researchers?Again if find this exceptionally
>>> odd.
>>>> If
>>>> this is true why would one  need inter library loan or even o go to a
>>>> library to research a rare book, when supposdly they can just request
>>> a
>>>> copy?
>>>> 
>>>> 
>>>> On Wed, Jun 22, 2011 at 11:00 PM, Brewer, Michael <
>>>> brew...@u.library.arizona.edu> wrote:
>>>> 
>>>>> Jessica,
>>>>> 
>>>>> The things you reference are different parts of the section.  For
>>>>> scholarly
>>>>> research purposes, libraries may make copies of entire print works
>>> for
>>>>> users
>>>>> (to become their property) if they are unavailable for sale in new OR
>>>>> used
>>>>> copies at a fair price.  Libraries may make up to three copies of any
>>>>> work
>>>>> for preservation or replacement purposes under certain circumstances
>>>>> (outlined in the law and detailed in this tool).  These exceptions
>>> are
>>>>> clearly written into the law. This tool just provides a more
>>> convenient
>>>>> and
>>>>> understandable means of understanding the law and documenting
>>> practice,
>>>>> should their copying under 108 come into question. If you go to the
>>>>> "Create
>>>>> PDF" section for Preservation or Replacement, you will see that the
>>>>> restriction on copies leaving the library is clearly spelled out and
>>> the
>>>>> user is required to assert that they will not be made available to
>>> the
>>>>> public outside the library, if they are to continue.
>>>>> 
>>>>> Let me know if you have any more questions after you've reviewed
>>> these
>>>>> sections.
>>>>> 
>>>>> mb
>>>>> 
>>>>> On Jun 22, 2011, at 5:38 PM, Jessica Rosner wrote:
>>>>> 
>>>>> Needless to say I am a bit confused by this, particularly the issue
>>> of
>>>>> entire copies being made or replaced. Perhaps I am misreading
>>> something
>>>>> but
>>>>> it appears you are saying you can make one copy of a BOOK to someone
>>> who
>>>>> requests it , if it is not for sale at a fair price? Is that in fact
>>>>> what
>>>>> you are saying? Then of course you say you can make 3 copies of a
>>> film
>>>>> if it
>>>>> is out of print and "deteriorating ". May I ask why the specific
>>>>> declaration
>>>>> in section 108 that the copies may NOT leave the library premise is
>>>>> missing.
>>>>> Do you just get to pick and choose which parts of the section you
>>> like?
>>>>> This is dead serious question.
>>>>> 
>>>>> On Wed, Jun 22, 2011 at 5:37 PM, Brewer, Michael <
>>>>>

Re: [Videolib] FW: New 108 spinner

[Brewer, Michael]

The prohibition on digital files being made to the public outside the library 
is also detailed in the details provided when one "click for details" in that 
part (replacement or preservation) of the spinner. 
mb
On Jun 22, 2011, at 8:00 PM, Brewer, Michael wrote:

> Jessica,
> 
> The things you reference are different parts of the section.  For scholarly 
> research purposes, libraries may make copies of entire print works for users 
> (to become their property) if they are unavailable for sale in new OR used 
> copies at a fair price.  Libraries may make up to three copies of any work 
> for preservation or replacement purposes under certain circumstances 
> (outlined in the law and detailed in this tool).  These exceptions are 
> clearly written into the law. This tool just provides a more convenient and 
> understandable means of understanding the law and documenting practice, 
> should their copying under 108 come into question. If you go to the "Create 
> PDF" section for Preservation or Replacement, you will see that the 
> restriction on copies leaving the library is clearly spelled out and the user 
> is required to assert that they will not be made available to the public 
> outside the library, if they are to continue.
> 
> Let me know if you have any more questions after you've reviewed these 
> sections.
> 
> mb
> 
> On Jun 22, 2011, at 5:38 PM, Jessica Rosner wrote:
> 
> Needless to say I am a bit confused by this, particularly the issue of entire 
> copies being made or replaced. Perhaps I am misreading something but it 
> appears you are saying you can make one copy of a BOOK to someone who 
> requests it , if it is not for sale at a fair price? Is that in fact what you 
> are saying? Then of course you say you can make 3 copies of a film if it is 
> out of print and "deteriorating ". May I ask why the specific declaration in 
> section 108 that the copies may NOT leave the library premise is missing. Do 
> you just get to pick and choose which parts of the section you like?  This is 
> dead serious question.
> 
> On Wed, Jun 22, 2011 at 5:37 PM, Brewer, Michael 
> mailto:brew...@u.library.arizona.edu>> wrote:
> All,
> 
> Please take a look at the new Section 108 Spinner 2.0, which has just been 
> released by the ALA Office for Information Technology Policy, and which I 
> developed.  Your colleagues in ILL, Document Delivery, Digital Libraries, 
> Special Collections and other areas may be interested.  This tool was created 
> to help libraries and librarians to better understand and more 
> programmatically take advantage of Section 108 of US Copyright Law.
> 
> http://www.districtdispatch.org/
> 
> http://librarycopyright.net/108spinner/
> 
> Please let me know if you have any questions.
> 
> Thanks,
> 
> mb
> 
> Michael Brewer
> University of Arizona Libraries
> brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.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.
> 
> 
> 
> 
> --
> Jessica Rosner
> Media Consultant
> 224-545-3897 (cell)
> 212-627-1785 (land line)
> jessicapros...@gmail.com<mailto: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 is intended to encourage the broad and lively discussion of issues 
relating to the selection, evaluation, acquisition,bibliographic control, 
preservation, and use of current and evolving video formats in libraries and 
related institutions. It is hoped that the list will serve as an effective 
working tool for video librarians, as well as a channel of communication 
between libraries,educational institutions, and video producers and 
distributors.

Re: [Videolib] FW: New 108 spinner

[Brewer, Michael]

Jessica,

The things you reference are different parts of the section.  For scholarly 
research purposes, libraries may make copies of entire print works for users 
(to become their property) if they are unavailable for sale in new OR used 
copies at a fair price.  Libraries may make up to three copies of any work for 
preservation or replacement purposes under certain circumstances (outlined in 
the law and detailed in this tool).  These exceptions are clearly written into 
the law. This tool just provides a more convenient and understandable means of 
understanding the law and documenting practice, should their copying under 108 
come into question. If you go to the "Create PDF" section for Preservation or 
Replacement, you will see that the restriction on copies leaving the library is 
clearly spelled out and the user is required to assert that they will not be 
made available to the public outside the library, if they are to continue.

Let me know if you have any more questions after you've reviewed these sections.

mb

On Jun 22, 2011, at 5:38 PM, Jessica Rosner wrote:

Needless to say I am a bit confused by this, particularly the issue of entire 
copies being made or replaced. Perhaps I am misreading something but it appears 
you are saying you can make one copy of a BOOK to someone who requests it , if 
it is not for sale at a fair price? Is that in fact what you are saying? Then 
of course you say you can make 3 copies of a film if it is out of print and 
"deteriorating ". May I ask why the specific declaration in section 108 that 
the copies may NOT leave the library premise is missing. Do you just get to 
pick and choose which parts of the section you like?  This is dead serious 
question.

On Wed, Jun 22, 2011 at 5:37 PM, Brewer, Michael 
mailto:brew...@u.library.arizona.edu>> wrote:
All,

Please take a look at the new Section 108 Spinner 2.0, which has just been 
released by the ALA Office for Information Technology Policy, and which I 
developed.  Your colleagues in ILL, Document Delivery, Digital Libraries, 
Special Collections and other areas may be interested.  This tool was created 
to help libraries and librarians to better understand and more programmatically 
take advantage of Section 108 of US Copyright Law.

http://www.districtdispatch.org/

http://librarycopyright.net/108spinner/

Please let me know if you have any questions.

Thanks,

mb

Michael Brewer
University of Arizona Libraries
brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.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.




--
Jessica Rosner
Media Consultant
224-545-3897 (cell)
212-627-1785 (land line)
jessicapros...@gmail.com<mailto: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] FW: New 108 spinner

[Brewer, Michael]

All,

Please take a look at the new Section 108 Spinner 2.0, which has just been 
released by the ALA Office for Information Technology Policy, and which I 
developed.  Your colleagues in ILL, Document Delivery, Digital Libraries, 
Special Collections and other areas may be interested.  This tool was created 
to help libraries and librarians to better understand and more programmatically 
take advantage of Section 108 of US Copyright Law.

http://www.districtdispatch.org/

http://librarycopyright.net/108spinner/

Please let me know if you have any questions.

Thanks,

mb

Michael Brewer
University of Arizona Libraries
brew...@u.library.arizona.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] The case of the disappearing VHS players

[Brewer, Michael]

All,



I am curious what people would think about this (though I know what Jessica 
thinks):



* Replace anything you can that is in DVD format and transfer the rest 
to DVD and hold onto the VHS.

* Put a process in place to annually review whether or not any of the 
transferred titles have come out on DVD and purchase any that have.  If, for 
whatever reason, you choose not to purchase a title (because of exorbitant 
cost, low use, etc.), commit to withdrawing/destroying the DVD copy and going 
back to using the VHS (or nothing at all)

* Write this up in a copyright statement (you would likely have to use 
107 to justify rather than trying to make a case for 108 because of the part 
about digital copies not being made available to the public outside the 
library) so you can clearly demonstrate your position and the process you have 
in place to ensure no negative effect on the copyright holder occurs.



My feeling is that these titles seem to have become functionally obsolete to 
the community that uses them because of the actions of the facilities folks.  I 
know that probably doesn't meet the 108 requirements for obsolescence, but it 
is hard to see how it really makes any measurable difference if it does or 
doesn't. As far as I can tell, continuing to make these titles available in 
this way would not have any effect on the copyright holder (and could actually 
create more of a market for their rerelease).  Can anyone come up with any 
alternative where this would damage the copyright holder (other than 
questioning whether or not such a process would really be followed)?



mb

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu




-Original Message-
From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of May, Margery
Sent: Thursday, May 12, 2011 3:18 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] The case of the disappearing VHS players



Vicky,



Could you do something like get a count of your popular title videos and your 
expensive documentaries, then do a random sampling of how much it would cost to 
replace a few titles in each area with DVDs, and then extrapolate?  So, for 
example, you would tell the Powers That Be:  we need to replace 1000 popular 
titles at $15.00 each, and 300 documentaries at $200 each, for a total of 
$75,000?



NB: I am not *at all* knowledgeable about the cost of getting copyright 
permission for conversions, but I suspect ordering new DVDs would be cheaper, 
and a lot less work.  You could, of course, use that same formula idea getting 
permission for a random sampling of tiles & then extrapolating---but be sure to 
include the time you spend working on the copyright issue!



Best of luck,

MM



Margery L. May

Acquisitions Administrator

Wesleyan University Library

Acquisitions Department

Olin Memorial Library

252 Church Street

Middletown, CT   06459

860-685-3834

m...@wesleyan.edu



"...there is no question at all but that good and laughter and justice will 
prevail."---Archbishop Desmond Tutu





-Original Message-



-Original Message-

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Maloy, Vicky

Sent: Thursday, May 12, 2011 4:41 PM

To: videolib@lists.berkeley.edu

Subject: [Videolib] The case of the disappearing VHS players



Oh help!  Help, help, help!



I have just attended a meeting at which it was mentioned in an off-handed 
remark that every VHS player in our campus classrooms will be removed over the 
summer.



When I objected, and asked if there was any money being set aside to pay for 
the copyright permissions to convert our library's holdings, the VP of Finance 
said, "Why don't you give me a number."



SO.



Is there such a thing as a blanket license to convert commercially made VHS 
tapes to DVD for a non-profit institutional use?   (Don't laugh at me, I just 
have to ask.)



Does anyone have experience they can share with me - off list, if you prefer - 
in stopping/surviving this madness, or shall I just scavenge all the players I 
can find and store them in the library for the foreseeable future?





I've searched the list archives, but the "digitizing - procedural question" 
thread, while helpful, doesn't say where to start securing permission or with 
whom, for a conversion.





Thanks for your time and knowledge,

Vicky





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 institution

Re: [Videolib] Off air record question

[Brewer, Michael]

It is just a short portion, so I'd just record it and then make sure that you 
add some sort of stipulation that if it is going to be used outside of teaching 
or for limited groups (not put up on the web or available to be further 
distributed), that a librarian or copyright expert should be consulted with.  I 
can't see any way this would harm the copyright holder or impact on them in any 
way, so I would personally not have a problem doing it, but if the copy is 
going to the administrator (not staying with the library) you might want to 
just make this a teachable moment.

mb

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Stanton, Kim
Sent: Thursday, May 05, 2011 2:04 PM
To: videolib@lists.berkeley.edu
Subject: [Videolib] Off air record question

Hi all,

I've had a request from an administrator to record a short portion of a two 
hour national morning talk show. Our university participated in a study that is 
going to be reported on during a 10 minute segment of the show. The 
administrator doesn't have a specific use in mind for it, she just thinks it 
would be beneficial to have as a record.

So, does this fall under Kastenmeier? I always had the impression this 
guideline covered more in class teaching related uses, plus the 10day/45 day 
rules don't help me out much here.  Is there a legally acceptable way for the 
library to record a segment of this program and keep it indefinitely? Possibly 
even restricted to in-house use?

Thanks,
Kim


Kim Stanton
Head, Media Library
University of North Texas
kim.stan...@unt.edu
P: (940) 565-4832
F: (940) 369-7396

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] streaming clips

[Brewer, Michael]

1201 only deals with the uses for which one may legally circumvent the CSS 
anti-piracy encryption.  From there, you could either use fair use or TEACH. 
Neither of these will give you closure on the length of the clip you can use.  
TEACH is more restrictive around the purpose of the use, to some degree on the 
effect on the copyright holder (as things made specifically for online learning 
don't apply), and provides parameters for how the materials must be protected 
from unwarranted uses.  

The Exceptions for Instructors eTool should help you with this.  I just updated 
it to include information about the 1201 rules noted below:

http://librarycopyright.net/etool/

Please let me know if you have any questions about the tool. 

mb

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu


-Original Message-
From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Pearson, Jeffrey
Sent: Tuesday, May 03, 2011 8:33 AM
To: videolib@lists.berkeley.edu
Subject: [Videolib] streaming clips

Hello video uber-mind. I've received a question about streaming clips and find 
that I'm unsure as to the answer. Perhaps this has already been beaten to death 
on this listserv, and I apologize if I'm being dense here. 

According to the U.S. copyright office (http://www.copyright.gov/1201/ :

(1) Motion pictures on DVDs that are lawfully made and acquired and that are 
protected by the Content Scrambling System when circumvention is accomplished 
solely in order to accomplish the incorporation of short portions of motion 
pictures into new works for the purpose of criticism or comment, and where the 
person engaging in circumvention believes and has reasonable grounds for 
believing that circumvention is necessary to fulfill the purpose of the use in 
the following instances:

(i)  Educational uses by college and university professors and by college and 
university film and media studies students;
(ii) Documentary filmmaking;
(iii) Noncommercial videos.

It has already been pointed out on this listserve that duration and portion of 
the whole issues for clips involve fair use decisions. The law above has more 
to do with the legality of inserting a clip in something like a powerpoint 
presentation for educational use.

So, if an instructor wants to (or wants the library to) stream a clip on their 
course website, does fair use allow the stream? It seems to me that the fair 
use legality of streaming a clip has not been addressed. It's not clear in this 
brain, in any case. 


Thanks,

Jeff
Univ of Michigan media library

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] Copyright "waived" on Bolivian film?

[Brewer, Michael]

Wouldn't the fact that both countries are signatories to Berne make it 
protected in the US regardless of whether or not it was registered here in the 
70s?

mb

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu>

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner
Sent: Monday, April 04, 2011 9:19 AM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Copyright "waived" on Bolivian film?

OK BUY not by his story.
FYI my money is on the film never being registered in the US.
On Mon, Apr 4, 2011 at 12:12 PM, Jessica Rosner 
mailto:jessicapros...@gmail.com>> wrote:
I don't exactly by this story that he mailed it out and waived the copyright. 
First off he would have to own the copyright to waive it, most directors don't 
own their films. Kind of like when Michael Moore said he thought people should 
just illegally download SICKO which did not endear him to the Weinsteins. It is 
possible the director owned the copyright, but not that likely on a fiction 
film. IMDB shows the film had some kind of theatrical release in 1973 by a 
mostly exploitation company called Tricontinental Film Center. Presumably 
somebody sold them the rights. The key really is if Tricontinental ever 
bothered to copyright it in the US.You should be able to check this at Library 
of Congress. Now even if they did not in theory it could be retroactively 
copyrighted by the original rights holder, but until they do it would be fair 
game. Basically I would see if it was ever copyrighted in the US and proceed 
from there.

On Mon, Apr 4, 2011 at 11:48 AM, Brewer, Michael 
mailto:brew...@u.library.arizona.edu>> wrote:
Anyone know about this? A faculty member is asking us to stream this film for 
his course and says that the copyright was "waived" by the director at the time 
of its distribution.  We don't even own a copy:

"The film is titled  'Yawar mallku Sangre del condor = Blood of the condor', 
directed by Jorge Sanjinés in 1969. The copyright has been waived on this 
title. Sanjines mailed out the film in order to save it from the destruction by 
the Bolivian government. I believe that if you request an ILL, you will see 
that the borrowed dvd has no copyright claim. That is why there is no vendor. 
Something you might check out for this very important piece of cinema."

Thanks,

mb

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries, A122
P.O. Box 210055
Tucson, AZ  85721-0055
Tel: (520) 307-2771
Fax: (520) 626-7444
brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.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.



--
Jessica Rosner
Media Consultant
224-545-3897 (cell)
212-627-1785 (land line)
jessicapros...@gmail.com<mailto:jessicapros...@gmail.com>



--
Jessica Rosner
Media Consultant
224-545-3897 (cell)
212-627-1785 (land line)
jessicapros...@gmail.com<mailto: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] Copyright "waived" on Bolivian film?

[Brewer, Michael]

Anyone know about this? A faculty member is asking us to stream this film for 
his course and says that the copyright was "waived" by the director at the time 
of its distribution.  We don't even own a copy:

"The film is titled  'Yawar mallku Sangre del condor = Blood of the condor', 
directed by Jorge Sanjinés in 1969. The copyright has been waived on this 
title. Sanjines mailed out the film in order to save it from the destruction by 
the Bolivian government. I believe that if you request an ILL, you will see 
that the borrowed dvd has no copyright claim. That is why there is no vendor. 
Something you might check out for this very important piece of cinema."

Thanks,

mb

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries, A122
P.O. Box 210055
Tucson, AZ  85721-0055
Tel: (520) 307-2771
Fax: (520) 626-7444
brew...@u.library.arizona.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] up-to-date copyright guides or primers on streaming videos?

[Brewer, Michael]

You can always use TEACH parameters and requirements.  This will limit you 
"limited and reasonable" portions of streamed works (and you'll need to 
determine how you explain to faculty what that is), but the other 
guidelines/parameters are pretty clear.  See http://librarycopyright.net/etool/ 

mb

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu


-Original Message-
From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of 
ghand...@library.berkeley.edu
Sent: Wednesday, March 16, 2011 10:04 AM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] up-to-date copyright guides or primers on streaming 
videos?

Hi Mike

There are no primers...there are no court cases (yet)...there's only community 
wisdom and experience (which would be slim comfort or use in a court of law)

The UCLA case (pending) may break this log-jam, one way or another.  Until 
then, what you put up as streamed video without license inside a learning 
management system or other campus network, how much you stream; to whom you 
provide access to these titles; and how long you provide access to them is 
pretty much a matter of how much risk the institution is willing to tolerate.



> Can anyone recommend up-to-date copyright guides or primers for 
> academic faculty for streaming videos via course management software?
>
> Thanks.
>
> Mike
>
> Michael May
> Adult Services Librarian
> Carnegie-Stout Public Library
> 360 West 11th Street
> Dubuque, IA 52001-4697, USA
> Phone: 563-589-4225 ext. 2244
> Fax: 563-589-4217
> Email: m...@dubuque.lib.ia.us
> VIDEOLIB is intended to encourage the broad and lively discussion of 
> issues relating to the selection, evaluation, 
> acquisition,bibliographic control, preservation, and use of current 
> and evolving video formats in libraries and related institutions. It 
> is hoped that the list will serve as an effective working tool for 
> video librarians, as well as a channel of communication between 
> libraries,educational institutions, and video producers and distributors.
>


Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley

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

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


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

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] music reserves

[Brewer, Michael]

No. There is no requirement for this to be used in an online only course. While 
the criteria are somewhat lengthy and not as concrete as they could be, that is 
not one of the requirements.

Sent from my iPad

On Feb 9, 2011, at 9:54 AM, "Jessica Rosner" 
mailto:jessicapros...@gmail.com>> wrote:

Ok just to clarify, you are streaming material that was either A. already used 
in a bricks and mortar class so that the students can watch it, hear it again. 
B in a standard distance ed course that the prof is in fact teaching on line.



On Wed, Feb 9, 2011 at 11:39 AM, Brewer, Michael 
<<mailto:brew...@u.library.arizona.edu>brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu>>
 wrote:
You are absolutely right.  Think this is  just what i Originally said. that the 
material must be a required element of the course.

Sent from my iPad

On Feb 9, 2011, at 9:16 AM, "Jessica Rosner" 
<<mailto:jessicapros...@gmail.com>jessicapros...@gmail.com<mailto:jessicapros...@gmail.com>mailto:jessicapros...@gmail.com>jessicapros...@gmail.com<mailto:jessicapros...@gmail.com>>>
 wrote:

Like I said music is not my area, but issue of whether TEACH allows you to use 
ANYTHING you would  not in fact be using in the course is the key question. It 
can't be used for some "additional material" you just did not have time to 
include at least not as I read both the act and LOC's explanation of how it 
came up with it.

On Wed, Feb 9, 2011 at 10:45 AM, Brewer, Michael 
<mailto:brew...@u.library.arizona.edu>brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu>><mailto:brew...@u.library.arizona.edu>brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu>mailto:brew...@u.library.arizona.edu>brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu>>>
 wrote:
Jessica, we were talking about music, which does not fall under the limited and 
reasonable rule under  the teach act. Film does. If an institution is the one 
streaming, i think that they are responsible for at least educating the 
instructors as to what is an appropriate amount under the section they are 
using,whether that is teach, fair use, etc. Teach not only requires that the 
material would have been something displayed or performed in class, it also 
requires that for some materials only limited and reasonable portions are used 
and that the material is directly relevant to the course objectives.

Sent from my iPad

On Feb 9, 2011, at 8:24 AM, "Jessica Rosner" 
<mailto:jessicapros...@gmail.com>jessicapros...@gmail.com<mailto:jessicapros...@gmail.com>><mailto:jessicapros...@gmail.com>jessicapros...@gmail.com<mailto:jessicapros...@gmail.com>mailto:jessicapros...@gmail.com>jessicapros...@gmail.com<mailto:jessicapros...@gmail.com>>mailto:jessicapros...@gmail.com>jessicapros...@gmail.com<mailto:jessicapros...@gmail.com>><mailto:jessicapros...@gmail.com>jessicapros...@gmail.com<mailto:jessicapros...@gmail.com>mailto:jessicapros...@gmail.com>jessicapros...@gmail.com<mailto:jessicapros...@gmail.com>>>>
 wrote:

That is too fine a line for me. Who tells an instructor that the entire Civil 
War series can't be streamed because he thinks students should have access to 
it for general background? TEACH  is very clear that it is for the transmission 
of material that would in fact be used in physical class if there were one. 
Franky I can't understand how any bricks and mortar institution could use it 
for anything other than the SAME material used in the actual class. It is 
clearly not intented as any kind of supplement, access to additional material  
etc, it is intended to allow  access to material that would be used in  a 
regular class as the background from LOC and the law make very clear. Let's 
assume you have a class on the Vietnam War and the instructor asks you to 
stream HEARTS AND MINDS & THE WAR AT HOME because he thinks it is important for 
his students to see them, but he does not have the class time to show them, do 
you believe this is OK?


On Wed, Feb 9, 2011 at 9:40 AM, Brewer, Michael 
<mailto:brew...@u.library.arizona.edu>brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu>><mailto:brew...@u.library.arizona.edu>brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu>mailto:brew...@u.library.arizona.edu>brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu>>>mailto:brew...@u.library.arizona.edu>brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu>><mailto:brew...@u.library.arizona.edu>brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu>mailto:brew...@u.library.arizona.edu>brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.

Re: [Videolib] music reserves

[Brewer, Michael]

You are absolutely right.  Think this is  just what i Originally said. that the 
material must be a required element of the course.

Sent from my iPad

On Feb 9, 2011, at 9:16 AM, "Jessica Rosner" 
mailto:jessicapros...@gmail.com>> wrote:

Like I said music is not my area, but issue of whether TEACH allows you to use 
ANYTHING you would  not in fact be using in the course is the key question. It 
can't be used for some "additional material" you just did not have time to 
include at least not as I read both the act and LOC's explanation of how it 
came up with it.

On Wed, Feb 9, 2011 at 10:45 AM, Brewer, Michael 
<<mailto:brew...@u.library.arizona.edu>brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu>>
 wrote:
Jessica, we were talking about music, which does not fall under the limited and 
reasonable rule under  the teach act. Film does. If an institution is the one 
streaming, i think that they are responsible for at least educating the 
instructors as to what is an appropriate amount under the section they are 
using,whether that is teach, fair use, etc. Teach not only requires that the 
material would have been something displayed or performed in class, it also 
requires that for some materials only limited and reasonable portions are used 
and that the material is directly relevant to the course objectives.

Sent from my iPad

On Feb 9, 2011, at 8:24 AM, "Jessica Rosner" 
<<mailto:jessicapros...@gmail.com>jessicapros...@gmail.com<mailto:jessicapros...@gmail.com>mailto:jessicapros...@gmail.com>jessicapros...@gmail.com<mailto:jessicapros...@gmail.com>>>
 wrote:

That is too fine a line for me. Who tells an instructor that the entire Civil 
War series can't be streamed because he thinks students should have access to 
it for general background? TEACH  is very clear that it is for the transmission 
of material that would in fact be used in physical class if there were one. 
Franky I can't understand how any bricks and mortar institution could use it 
for anything other than the SAME material used in the actual class. It is 
clearly not intented as any kind of supplement, access to additional material  
etc, it is intended to allow  access to material that would be used in  a 
regular class as the background from LOC and the law make very clear. Let's 
assume you have a class on the Vietnam War and the instructor asks you to 
stream HEARTS AND MINDS & THE WAR AT HOME because he thinks it is important for 
his students to see them, but he does not have the class time to show them, do 
you believe this is OK?


On Wed, Feb 9, 2011 at 9:40 AM, Brewer, Michael 
<mailto:brew...@u.library.arizona.edu>brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu>><mailto:brew...@u.library.arizona.edu>brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu>mailto:brew...@u.library.arizona.edu>brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu>>>
 wrote:
It is a fine line. Teaching has changed, so less is done in class than was 
before because the classroom, in a a sense has expanded beyond the walls.  One 
would not read a book, or even an article in class, so that would not be 
covered, but listening to songs, or a score was something that was done in the 
past. I think the key thing is to use only those things that are central to the 
syllabus, not things that might be of use, but are not required of all students 
to accomplish the work in the course.

Mb

Sent from my iPad

On Feb 8, 2011, at 9:35 PM, "Jessica Rosner" 
<mailto:jessicapros...@gmail.com>jessicapros...@gmail.com<mailto:jessicapros...@gmail.com>><mailto:jessicapros...@gmail.com>jessicapros...@gmail.com<mailto:jessicapros...@gmail.com>mailto:jessicapros...@gmail.com>jessicapros...@gmail.com<mailto:jessicapros...@gmail.com>>mailto:jessicapros...@gmail.com>jessicapros...@gmail.com<mailto:jessicapros...@gmail.com>><mailto:jessicapros...@gmail.com>jessicapros...@gmail.com<mailto:jessicapros...@gmail.com>mailto:jessicapros...@gmail.com>jessicapros...@gmail.com<mailto:jessicapros...@gmail.com>>>>
 wrote:

I know ZERO about music & copyright Michael,l but the thing I find odd is that  
as soon as I clicked on your link I saw this "These sections and this tool do 
not cover the use of any content that would not normally be viewed in the 
classroom — e.g. the creation of coursepacks or electronic reserves." so why 
would something a professor asked for a course pack or e-reserve be OK to 
stream?   It brings up the whole broader confusion with TEACH. It is not that 
hard to understand  how it applies to distance education where there IS no 
actual classroom, but I think  people are trying to apply it in exactly the 
same way to bricks and morta

Re: [Videolib] music reserves

[Brewer, Michael]

Jessica, we were talking about music, which does not fall under the limited and 
reasonable rule under  the teach act. Film does. If an institution is the one 
streaming, i think that they are responsible for at least educating the 
instructors as to what is an appropriate amount under the section they are 
using,whether that is teach, fair use, etc. Teach not only requires that the 
material would have been something displayed or performed in class, it also 
requires that for some materials only limited and reasonable portions are used 
and that the material is directly relevant to the course objectives.

Sent from my iPad

On Feb 9, 2011, at 8:24 AM, "Jessica Rosner" 
mailto:jessicapros...@gmail.com>> wrote:

That is too fine a line for me. Who tells an instructor that the entire Civil 
War series can't be streamed because he thinks students should have access to 
it for general background? TEACH  is very clear that it is for the transmission 
of material that would in fact be used in physical class if there were one. 
Franky I can't understand how any bricks and mortar institution could use it 
for anything other than the SAME material used in the actual class. It is 
clearly not intented as any kind of supplement, access to additional material  
etc, it is intended to allow  access to material that would be used in  a 
regular class as the background from LOC and the law make very clear. Let's 
assume you have a class on the Vietnam War and the instructor asks you to 
stream HEARTS AND MINDS & THE WAR AT HOME because he thinks it is important for 
his students to see them, but he does not have the class time to show them, do 
you believe this is OK?


On Wed, Feb 9, 2011 at 9:40 AM, Brewer, Michael 
<<mailto:brew...@u.library.arizona.edu>brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu>>
 wrote:
It is a fine line. Teaching has changed, so less is done in class than was 
before because the classroom, in a a sense has expanded beyond the walls.  One 
would not read a book, or even an article in class, so that would not be 
covered, but listening to songs, or a score was something that was done in the 
past. I think the key thing is to use only those things that are central to the 
syllabus, not things that might be of use, but are not required of all students 
to accomplish the work in the course.

Mb

Sent from my iPad

On Feb 8, 2011, at 9:35 PM, "Jessica Rosner" 
<<mailto:jessicapros...@gmail.com>jessicapros...@gmail.com<mailto:jessicapros...@gmail.com>mailto:jessicapros...@gmail.com>jessicapros...@gmail.com<mailto:jessicapros...@gmail.com>>>
 wrote:

I know ZERO about music & copyright Michael,l but the thing I find odd is that  
as soon as I clicked on your link I saw this "These sections and this tool do 
not cover the use of any content that would not normally be viewed in the 
classroom — e.g. the creation of coursepacks or electronic reserves." so why 
would something a professor asked for a course pack or e-reserve be OK to 
stream?   It brings up the whole broader confusion with TEACH. It is not that 
hard to understand  how it applies to distance education where there IS no 
actual classroom, but I think  people are trying to apply it in exactly the 
same way to bricks and mortar schools with regular classes  as essentially a 
free way for academics to make conveniently available to students material they 
did not have time to cover in a class is something else entirely.

On Tue, Feb 8, 2011 at 10:15 PM, Brewer, Michael 
<mailto:brew...@u.library.arizona.edu>brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu>><mailto:brew...@u.library.arizona.edu>brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu>mailto:brew...@u.library.arizona.edu>brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu>>>
 wrote:
While I am sure Jessica may object, I believe TEACH would cover the streaming 
of music files that would have otherwise been played in a class session. There 
is no requirement for using a "reasonable and limited portion" for non-dramatic 
musical works if they meet the other criteria.  Take a look at 
<<http://librarycopyright.net/etool/>http://librarycopyright.net/etool/> 
<http://librarycopyright.net/etool/> http://librarycopyright.net/etool/
mb
On Feb 8, 2011, at 7:48 PM, Bergman, Barbara J wrote:

Are any of you up on best practices for audio reserves?

I received a question about the legalities of doing a coursepack or e-reserves 
of music.
I don’t have the list of songs/artists yet, but I think it’s a history of pop 
music class.
What resources should I take a look at for guidance?

TIA,
Barb

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

Re: [Videolib] music reserves

[Brewer, Michael]

It is a fine line. Teaching has changed, so less is done in class than was 
before because the classroom, in a a sense has expanded beyond the walls.  One 
would not read a book, or even an article in class, so that would not be 
covered, but listening to songs, or a score was something that was done in the 
past. I think the key thing is to use only those things that are central to the 
syllabus, not things that might be of use, but are not required of all students 
to accomplish the work in the course.

Mb

Sent from my iPad

On Feb 8, 2011, at 9:35 PM, "Jessica Rosner" 
mailto:jessicapros...@gmail.com>> wrote:

I know ZERO about music & copyright Michael,l but the thing I find odd is that  
as soon as I clicked on your link I saw this "These sections and this tool do 
not cover the use of any content that would not normally be viewed in the 
classroom — e.g. the creation of coursepacks or electronic reserves." so why 
would something a professor asked for a course pack or e-reserve be OK to 
stream?   It brings up the whole broader confusion with TEACH. It is not that 
hard to understand  how it applies to distance education where there IS no 
actual classroom, but I think  people are trying to apply it in exactly the 
same way to bricks and mortar schools with regular classes  as essentially a 
free way for academics to make conveniently available to students material they 
did not have time to cover in a class is something else entirely.

On Tue, Feb 8, 2011 at 10:15 PM, Brewer, Michael 
<<mailto:brew...@u.library.arizona.edu>brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu>>
 wrote:
While I am sure Jessica may object, I believe TEACH would cover the streaming 
of music files that would have otherwise been played in a class session. There 
is no requirement for using a "reasonable and limited portion" for non-dramatic 
musical works if they meet the other criteria.  Take a look at 
<http://librarycopyright.net/etool/> http://librarycopyright.net/etool/
mb
On Feb 8, 2011, at 7:48 PM, Bergman, Barbara J wrote:

Are any of you up on best practices for audio reserves?

I received a question about the legalities of doing a coursepack or e-reserves 
of music.
I don’t have the list of songs/artists yet, but I think it’s a history of pop 
music class.
What resources should I take a look at for guidance?

TIA,
Barb

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

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


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



--
Jessica Rosner
Media Consultant
224-545-3897 (cell)
212-627-1785 (land line)
<mailto:jessicapros...@gmail.com>jessicapros...@gmail.com<mailto: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.