[Videolib] Short Social Issue Video Recommendations

2014-03-12 Thread Lawrence Daressa
California Newsreel is soliciting recommendations of exemplary, short (from 1 
to 10 minute) social issue films/videos for a compilation program to be 
streamed free of charge for a month in Fall, 2014. This program will form part 
of a larger initiative to draw the attention of documentary students and 
practitioners to short-form work as an appropriate and economical vehicle for 
activist media today.  Country of origin,  production date and specific issue 
are less important than innovative approaches for making a political point 
clearly, concisely and compelling.  Please respond - with source, if possible - 
to l...@newsreel.orgmailto:l...@newsreel.org. Thanks for your suggestions. 
Larry Daressa


Larry Daressa, Co-Director
California Newsreel
44 Gough Street, Suite 303
San Francisco CA 94103
415-284-7800 x 302
l...@newsreel.orgmailto:l...@newsreel.org
www.newsreel.orghttp://www.newsreel.org


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


Re: [Videolib] documentary films on radical social movements

2014-01-24 Thread Lawrence Daressa

The African American Freedom Movement has in many respects provided a paradigm 
for other social justice movements in this country from Abolition down to the 
present. Newsreel has over fifty documentaries which offer definitive social 
histories of various phases of that movement, including recent releases like 
Anne Braden: Southern Patriot and The New Black, as well as classics like 
The Rise and Fall of Jim Crow, At the River I Stand, Tongues Untied and 
Scarred Justice.  Most of these titles are now available for site licensing 
and video-on-demand. Our entire African American Perspectives collection is 
described at www.newsreel.org. Thanks.


Larry Daressa, Co-Director
California Newsreel
44 Gough Street, Suite 303
San Francisco CA 94103
415-284-7800 x 302
l...@newsreel.org
www.newsreel.org



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Today's Topics:

   1. Re: documentary films on radical social movements
  (Joanne Hershfield)
   2. Re: documentary films on radical social movements
  (fellin...@aol.com)
   3. Re: documentary films on radical social movements
  (Sarah E. McCleskey)


--

Message: 1
Date: Fri, 24 Jan 2014 14:38:51 -0500
From: Joanne Hershfield joannehershfi...@bellsouth.net
Subject: Re: [Videolib] documentary films on radical social movements
To: videolib@lists.berkeley.edu
Message-ID: 006101cf193b$ead164f0$c0742ed0$@bellsouth.net
Content-Type: text/plain; charset=us-ascii

Seeing Red by Jim Klein and Julia Reichert about American Communists.
Distributed through New Day Films.

 

Joanne Hershfield

New Day Films Liaison

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Message: 2
Date: Fri, 24 Jan 2014 14:43:38 -0500 (EST)
From: fellin...@aol.com
Subject: Re: [Videolib] documentary films on radical social movements
To: videolib@lists.berkeley.edu
Message-ID: 8d0e753b5c859ee-16bc-9...@webmail-m206.sysops.aol.com
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also don't forget  World Cat, you have to spend time with it, but you will get 
great results. 
Lisa Flanzraich


-Original Message-
From: Jim Davis j...@docuseek2.com
To: videolib videolib@lists.berkeley.edu
Sent: Fri, Jan 24, 2014 2:38 pm
Subject: Re: [Videolib] documentary films on radical social movements


There are a number of titles on Docuseek2. Assuming you are interested in just 
U.S. movements, these titles are relevant:


BALLOT MEASURE 9 - battle over gay rights measure in Oregon (2008, Collective 
Eye) BETTER THIS WORLD - two youth arrested on terrorism charges because of 
activities at 2008 Republic Convention (2011, Bullfrog Films) THE CHICAGO 
MATERNITY CENTER STORY - grassroots effort to keep a maternity center open -- 
this is a classic of documentary filmmaking (1976, Kartemquin Films) CLARA 
LEMLICH - story of young labor organizer organizing the NYC early 20th c. 
garment industry (2005, Icarus Films)

A FIERCE GREEN FIRE - definitive history of the environmental movement (2012, 
Bullfrog)

HOMELAND - profiles four battles by Native America activists to protect land, 
sovereignty and culture (2005, Bullfrog) HOPI LAND - Hopi fight to protect land 
from strip mining (2001, Bullfrog) HUM 255 - another classic from Kartemquin, 
about 1960s student strike at U of Chicago (1970) IF A TREE FALLS - Academy 
Award-nominated story of the radicalization of an environmental activist (2011, 
Bullfrog) LOOK US IN THE EYE: THE OLD WOMEN'S PROJECT - about the founders Old 
Women's Project, an activist organization that challenges ageism (2007, Terra 
Nova) PEACOCK'S WAR - profile of legendary environmental activist, Doug Peacock 
(1989, Bullfrog) PUBLIC ENEMY - four Black Panther activists reflect on the 
impact of their radical civil rights work (2003, Icarus) THE SEATTLE SYNDROME - 
Were the WTO protesters right in their effort to protect workers and the 
environment from exploitation? (2000, Bullfrog)

THE STRANGEST DREAM - history of the PUGWASH conference (nuclear proliferation) 
(2009 Bullfrog)

30 FRAMES A SECOND: THE WTO IN SEATTLE - Also about the WTO 

Re: [Videolib] Tiered Pricing, FTE, etc

2013-03-02 Thread Lawrence Daressa

Distributors, including California Newsreel, have used tiered pricing for 
decades, offering different price points for 1) colleges and universities, 2) 
high schools, public libraries and community groups and 3) individual (home 
video) purchasers. Newsreel has not yet applied the tiered, e-journal model to 
university pricing in recognition of recent tight AV budgets but we support it 
as a way of bringing actual use and expense into a more equitable alignment, 
both for media producers and consumers. 

1. In print publishing there has always been a rough correlation between hard 
copy sales and users; much less so with DVDs; none at all with digital files. 
The Carnegie Classifications, of course, provide only a rough approximation of 
potential use - but that is, at least, an advance on one size fits all pricing. 
Limited term subscriptions offer media librarians the chance to measure actual 
use and decide if they want to re-subscribe. (But also more work.) 

2. One point, often overlooked, is that digital delivery has altered how 
fulfillment costs are paid. With DVDs there was a flat, minimal, one-time 
shipping charge paid by the purchaser. With digital, the distributor assumes an 
open-ended, bandwidth (usage) fee for every time a title is streamed. This 
results in an unsustainable economy where the more a title is used the less its 
seller nets, theoretically losing money on its most popular titles. Tiered 
pricing begins to address this problem.

3. The technology exists for a pay-per-view model - paid either by the 
institution or individual student - though, to my knowledge, no one has adopted 
it. It would enable use-based purchase models, such as deg experimented with at 
ASU, or a purely rental model. Prices per rental could be graduated downward at 
set points: the more times a title is streamed, the less the cost per stream. 
Just-in case, research titles would cost more per use while just in time, 
curricular ones less. Distributors could submit consolidated billings on a 
periodic basis which could be paid automatically through EFT like a telephone 
bill; no paper. Metrics would allow librarians to track usage in real time and 
pre-approve statements. Costs would not be open-ended since librarians could 
cap them for each title; once a cap was reached, the title would be dropped, 
paid for by its subsequent users or our of a library reserve. 

I realize I've been riding this hobby horse a long time and it is still 
impractical. I mention it here only as a prolepsis of where we may be heading.

Larry 

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Today's Topics:

   1. Re: Tiered pricing, FTE, and all that (Jessica Rosner)
   2. Copyright Alert System (CAS) (Laura Jenemann)
   3. Re: Copyright Alert System (CAS) (Dennis Doros)
   4. Re: Copyright Alert System (CAS) (Jessica Rosner)


--

Message: 1
Date: Fri, 1 Mar 2013 10:46:09 -0500
From: Jessica Rosner maddux2...@gmail.com
Subject: Re: [Videolib] Tiered pricing, FTE, and all that
To: videolib@lists.berkeley.edu
Message-ID:
cacre6m-zmgc5auvjtdzntunx-xocj0-9tf2nl8z0wfnjukr...@mail.gmail.com
Content-Type: text/plain; charset=iso-8859-1

Athena
I think that is EXACTLY what distributors are trying to do, though this is 
limited to distributors of of mostly non fiction, independent , classic and 
some foreign films obviously not going to happen with studios.

I think most distributors ( everyone from Icarus to Zeitgeist) are eager to 
include streaming rights when they have them ( there are exceptions and 
limitations depending on the title) are eager and happy to do this. There has 
been a growing problem with schools streaming entire films without permission 
or license but again distributors ( and filmmakers who sometimes need a push  
on this) are absolutely moving to this model.

On Fri, Mar 1, 2013 at 10:24 AM, Athena Hoeppner ath...@ucf.edu wrote:

  So long as libraries get no additional rights for paying more for the 
 videos, I expect they will most often opt for the least expensive 
 options for acquiring videos. If distributors sold rights to stream 
 videos for online course and other uses that would benefit libraries 
 and education, then the higher price would be justifiable.

 ** **

 Athena 

 ** **

 Athena 

[Videolib] FW: videolib Digest, Vol 59, Issue 56

2012-10-24 Thread Lawrence Daressa


Ms. Matwichuk:

You might find the following titles from California Newsreel's African
American Classics collection helpful  in addressing intercultural
communication.

BLUE EYED

The definitive account of Jane Elliot's celebrated blue eyed, brown
eyed racial sensitivity training workshops which place participants in
the role of discriminator or discriminated against solely on the basis
of eye color. 

http://newsreel.org/video/BLUE-EYED 

WHAT'S RACE GOT TO DO WITH IT?

This film records a college class exploring interracial dialogue over a
term and its sometimes unexpected results.

http://newsreel.org/video/WHATS-RACE-GOT-TO-DO-WITH-IT  

BLACKING UP: HIP HOP'S REMIX OF RACE AND IDENTITY

Does the  involvement of white youth in hip hop represent admiration,
cultural appropriation, slumming or a marker of teenage
rebelliousness? 

http://newsreel.org/video/BLACKING-UP 

BLACKS AND JEWS

This film ask how did these long-time allies in the struggle against
discrimination drift so far apart and what can mend the rift. 

http://newsreel.org/video/BLACKS-AND-JEWS 

HERSKOVITS: AT THE HEART OF BLACKNESS

This portrait on the life and work of groundbreaking Africanist
anthropologist Melville Herskovits, raises question about what it means
for Western scholars to study cultures other than their own. 

http://newsreel.org/video/HERSKOVITS-HEART-BLACKNESS 

SHATTERING THE SILENCES

A diverse group of  college professors of color discuss the special
challenges of working at predominantly white universities and the extra
demands placed on minority faculty members. 

http://newsreel.org/video/SHATTERING-THE-SILENCES 

Thank you.
 

Lawrence Daressa
California Newsreel
44 Gough Street, Suite 303
San Francisco CA  94103
Tel: 415-284-7800, ext. 302
Fax: 415-284-7801
l...@newsreel.org
www.newsreel.org
 
http://www.facebook.com/pages/San-Francisco-CA/California-Newsreel/10250
6363213?ref=ts 

1968-2012 Media for Social Change for 44 Years 

Visit our website at: www.newsreel.org 
Sign up for our e-newsletter at: 
www.newsreel.org/signup 


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] LIFETIME STREAMING RIGHTS

2012-04-03 Thread Lawrence Daressa



Dear Bob,

Newsreel's position on this has always been that a producer (the
copyright holder) grants us the right to makes copies of his or her work
or to grant others that right only during the term of our contract
(distribution agreement.) We will continue to grant the right to copy
(migrate) files licensed by us at no charge for as long as we have that
right  (i.e. during the life of our contract with the producer.)  Not
all distributors may choose to do so. Once Newsreel's contract expires,,
the purchaser of a file or a local streaming license would need to ask
the copyright holder's permission to make additional files. 

As with DVDs, the purchaser of a file or local streaming  license from
Newsreel has the right to play or stream that file in perpetuity.
Apple must have obtained digital rights in perpetuity  though they
have never asked for them from Newsreel nor would or could we grant
them. I hope this clarifies rather than complicates this issue. 

Larry   

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Sent: Tuesday, April 03, 2012 12:16 PM
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Today's Topics:

   1. Lifetime Streaming Rights (Bob Norris)
   2. Re: videolib Digest, Vol 53, Issue 15
  (ghand...@library.berkeley.edu)
   3. Re: Good Night and Good Luck (Dennis Doros)


--

Message: 1
Date: Tue, 3 Apr 2012 13:13:59 -0500
From: Bob Norris b...@filmideas.com
Subject: [Videolib] Lifetime Streaming Rights
To: videolib@lists.berkeley.edu
Message-ID: c954f5d7-c3b4-4a90-a9c9-195a83c68...@filmideas.com
Content-Type: text/plain; charset=us-ascii

I hate to bring up a copyright issue again but...

There was recently a discussion if it is acceptable for a distributor to
grant Lifetime streaming rights. There was a faction that argued it is
acceptable as long as you limit the rights to a single digital format
and do not allow the buyer to transcode the file to a new format. They
could use the original file as long as it plays on their streaming
service just like they could use a DVD as long as it works. The analogy
was made to a download in the consumer market not having a time
restriction.

I was recently discussing this with an institution that wants to stream
in perpetuity in any format. I said Apple does not permit that and she
asked if that was through a technical limitation/DRM or the Terms and
Conditions agreement. I had to admit I did not know. So I reviewed the
terms (http://www.apple.com/legal/itunes/us/terms.html#SERVICE) and can
see no restriction about copying files to a new format. They only limit
playback to 5 iTunes approved devices and do not allow iTunes video to
be burned, which I think means to disc. Then I transcoded a m4a file to
an ACC file and played it back no problem. So it looks like Apple is
selling the right to play back in any digital format in perpetuity. 

Am I missing something?
Bob

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

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Message: 2
Date: Tue, 3 Apr 2012 11:42:33 -0700
From: ghand...@library.berkeley.edu
Subject: Re: [Videolib] videolib Digest, Vol 53, Issue 15
To: videolib@lists.berkeley.edu
Message-ID:
f061d67bc047a6a84be2edbbc37a5120.squir...@calmail.berkeley.edu
Content-Type: text/plain;charset=utf-8

;-{)} That's me...Mr. Drip

g



 Exactly - Gary is going in to drip irrigation!
  JM



 -Original Message-
 From: videolib-boun...@lists.berkeley.edu
 [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of nahum laufer
 Sent: Tuesday, April 03, 2012 2:09 PM
 To: videolib@lists.berkeley.edu
 Subject: Re: [Videolib] videolib Digest, Vol 53, Issue 15

 Dear Gary
 I just arrived at your Video lib this week, and you won't be around.
 Thanks for all your help
 My advice as one pensioner to another, don't sit around doing nothing
find
 something interesting something differant, I myself was an expert on
drip
 irrigation joined my son to make and distribute films.
 Nahum Laufer

 At 11:17 AM 02/04/2012, you wrote:
Ladies and Gentlemen, Boys and Girls It is with a 

Re: [Videolib] GOOD NIGHT AND GOOD LUCK

2012-04-02 Thread Lawrence Daressa

Dear Gary,

On behalf of everyone at Newsreel, I want to congratulate you on your upcoming 
retirement. I can think of no one who has done more for the educational media 
community over the years than you. Videolib has become as important a part of 
our lives as our morning coffee - and sometimes as astringent. What will wake 
us up now!

The loss of one of our most loyal and discerning clients is only compensated by 
the thought of how rewarding your retirement years will prove. In particular, 
for the reason you cite, I can't help but suspect you are leaving the field at 
an opportune moment; après vous le deluge! 

Newsreel is especially delighted to learn that you'll be staying in the Bay 
Area where we can join you in café society ourselves. Indeed, I can think of 
several areas where Newsreel could make good use of your encyclopedic knowledge 
of film history and use - if you can take time off from your leisurely jaunts 
around the world. We too will  follow in your footsteps into the sunset (or is 
it dawn?) shortly. 

Sincere Good Wishes,

Larry and the Crew at Newsreel.
 .
-Original Message-
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Sent: Monday, April 02, 2012 3:38 PM
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Subject: videolib Digest, Vol 53, Issue 12

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Today's Topics:

   1.  Good Night and Good Luck (Nellhaus, Tobin)
   2. Re: posting PPR info (Gail Fedak)
   3. Rights issue (Susan Weber)


--

Message: 1
Date: Mon, 2 Apr 2012 20:03:39 +
From: Nellhaus, Tobin tobin.nellh...@yale.edu
Subject: [Videolib]  Good Night and Good Luck
To: videolib@lists.berkeley.edu videolib@lists.berkeley.edu
Message-ID:
dae5c10160795249ad2648484ba60c19a70...@x10-mbx2.yu.yale.edu
Content-Type: text/plain; charset=us-ascii

Gary,

Thanks for all you've given us on this list -- your knowledge, insights, and 
sometimes much-needed doses of humor or forcefulness.  Thanks also for our 
occasional separate exchanges.  I'll join the others in missing you.  Enjoy 
retirement!

Best wishes,

Tobin Nellhaus
Librarian for Performing Arts, Media and Philosophy
Coordinator for Humanities Collection Development
226 Sterling Memorial Library, Yale University
130 Wall Street, P.O. Box 208240
New Haven, CT  06520-8240
Tel: 203/432-8212   Fax: 203/432-8527
tobin.nellh...@yale.edu





--

Message: 2
Date: Mon, 02 Apr 2012 16:31:41 -0500
From: Gail Fedak gfe...@mtsu.edu
Subject: Re: [Videolib] posting PPR info
To: videolib@lists.berkeley.edu
Message-ID: 4f7a1abd.50...@mtsu.edu
Content-Type: text/plain; charset=iso-8859-1

Nahum,
Unfortunately, there are no simple answers to your questions.
These are a few common ways for academic library patrons to access 
streamed material:
1. The streamed title can be hosted by our library: access only by 
faculty, students, and staff members who have a valid campus email 
address and unique university password or guests who use a guest 
password that is valid only inside the library building.
2. The streamed title can be hosted by a university's streaming server 
that is accessible only through a course management system. This 
arrangement means that a faculty member and the students in his/her 
class(es) who are assigned to view the title are given access to it 
through a password to information for a specific class. The downside to 
this arrangement is that students and faculty members who may want/need 
to use such a title have to rely on word of mouth to know that it is 
available. This arrangement can also be very cumbersome for university 
personnel to manage.
3. The streamed title can be hosted by the distributor with access as 
described in either situation1 or 2 above.
4. The streamed title can hosted by the distributor with individual 
students paying for their own license to access the title. This seems to 
be a very cumbersome arrangement for the distributor since the company 
has to keep up with individual students' payments, access rights and 
problems, etc.

Any of these arrangements can feature various permutations on length of use:
1. Term limits: by the week(s), month(s), semester(s), or year(s)
2. In perpetuity;

And number of users:
1. Individual students;
2. Specific class(es);
3. Number of potential users (based on the total enrollment or full-time 

Re: [Videolib] Ethnic Notions-esque film?

2011-09-08 Thread Lawrence Daressa
Dear Susan,
Dear Susan,

Like you, Newsreel has felt the need to update Ethnic Notions almost
since its release in 1987. To that end,, we collaborated with Marlon
Riggs to produce both Color Adjustment which brought the story up to
1990 and Black Is...Black Ain't, a more introspective examination of
myths of black identity, released in 1994, the year of his death.

The first part of Race - The Power of an Illusion, 2004, was designed
as a historic overview of the social construction of race. What's Race
Got to Do with It? 2006, looked at racial attitudes on a
then-contemporary college campus. As you rightly observe, most of the
releases over the past two decades have addressed more specific examples
of racial stereotyping. For example, Newsreel has just acquired White
Scripts and Black Supermen: Black Masculinities in Comic Books. 

Future African American Production

The 314 respondents to our survey of  high-volume, institutional users
of African American documentary conducted last year, expressed a clear
desire for an update along the lines of Ethnic Notions; more than
half, in fact, said they would definitely use a film on the Myth of
the Post-Racial Society in their classes or organizations.  This was
second only to The Criminalization of Black Youth in topics
respondents labeled as urgently needed. 

We have sent these and other findings from our 30 question needs
assessment  to the major backers of African American documentary, ITVS,
PBS, the Ford Foundation, the MacArthur Foundation and HBO, but none
have acknowledged  receipt. It is our suspicion that they may have
resented statistics on the media desires of their constituents as an
incursion  on their legerdemain to decide what films get made. Therefore
Newsreel has decided to try to produce these films ourselves or to spur
their production by others.  

Thanks for your continued use of what has probably been the most widely
used title in our 43 year history. 

Best Wishes,

Larry, for California Newsreel

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Sent: Wednesday, September 07, 2011 7:59 PM
To: videolib@lists.berkeley.edu
Subject: videolib Digest, Vol 46, Issue 11

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Today's Topics:

   1. Re: Ethnic Notions-esque film? (Lisa Abbott)
   2. Re: Ethnic Notions-esque film? (Dina Robinson)
   3. Re: Ethnic Notions-esque film? (Randal Baier)


--

Message: 1
Date: Wed, 7 Sep 2011 13:22:57 -0700
From: Lisa Abbott l...@world-trust.org
Subject: Re: [Videolib] Ethnic Notions-esque film?
To: videolib@lists.berkeley.edu
Message-ID: 3e170fd1-5689-48d1-bcee-6b62c0ecf...@world-trust.org
Content-Type: text/plain; charset=us-ascii

Susan, 

You might consider our film Mirrors of Privilege for this purpose.
White interviewees share their stories of learned and internalized
stereotypes of people of color.  Contains some historical context as
well.
http://world-trust.org/mirrors-of-privilege-making-whiteness-visible/

Lisa

Lisa Abbott
Associate Director
World Trust Educational Services
Social Impact through Film  Dialogue

510-333-9325 
skype: lmabbott
www.world-trust.org

 
 Date: Wed, 7 Sep 2011 19:43:43 +
 From: Susan Albrecht albre...@wabash.edu
 Subject: [Videolib] Ethnic Notions-esque film?
 To: videolib@lists.berkeley.edu videolib@lists.berkeley.edu
 Message-ID:

eb1e4106a574f649aeed38d97d0273bc66b25...@ex2010mailstore.wabash.main
 Content-Type: text/plain; charset=us-ascii
 
 Like many of you, our copy of Ethnic Notions has gotten a lot of use
over the years.  In fact, I've just upgraded to DVD from VHS since it's
still getting used frequently.  But here's a question from a prof who
uses it often:  since Ethnic Notions is a 1987 production, while it's
great at both providing examples of stereotyping of African-Americans
and a historical overview of those stereotypes, it does... well... stop
in 1987.  Have others of you found something comparable that is more
current?
 
 We have MEF's Dreamworlds 3, MEF's Stuart Hall and Tim Wise offerings,
California Newsreel's Black Is... Black Ain't, and scores of other
titles which deal with race, but they often seem to focus on one
particular aspect of culture (music, sport, etc.) or lack the historic
overview by focusing on one time period.  We'd love to know if there's
something quite similar to Ethnic 

Re: [Videolib] How do you know when you've become an artist?

2011-07-01 Thread Lawrence Daressa
Dear Matt,

As a non-profit organization, Newsreel feels our first commitment is get
our films seen by as many people as possible, so we would prefer you to
buy ten films at $30 dollars, than one at $300. But, at the same time,
we  think it's important to pay the producers of a film a royalty which
reflects its use and value in education; in that way they can make more
films, so you'll have more than  Twilight to buy.   

So, your post raises a few idle questions in my mind. 

1. I trust Twilight is not widely used in the curriculum of the
University of Virginia. Students traditionally have not read or seen
what they wanted but what they were assigned. This may have changed and,
if so, you should have no trouble finding appropriate instruction media
for $19.95 a DVD. But it would seem unnecessary for the University to
buy that title since it's been demonstrated those students will pay $10
to see it anyhow at commercial theatres or pay $19.95 for a DVD or $2.00
for an i-Tunes.

2. Filmmakers always ask us if students can afford to pay those amounts
(to say nothing of $50 or $100 for a rock concert), why they, their
parents or the taxpayers will only pay pennies for them to see a serious
educational documentary. If over the life of a DVD or digital license
300 people saw a film at the University of Virginia, the effective price
at $30 would be $.10. I suspect if a title were used at all widely in
the curriculum that would be possible. Similarly, if five students use a
$150 textbook (resold four times) the effective price is $30 or 300 time
more. Aren't we really talking about an issue of values rather than
economics? Entertainment vs. education; print vs. moving images? 

3, If a title is bought for reference use, like a scholarly monograph,
(in Gary's distinction, if it's in the collection just in case someone
needs to consult it), I agree $30 would be a reasonable price. In that
case, would you be willing to limits its use to 30 people, $1 per
screening, less than an article from J-Stor? I find it hard to believe
that in the digital age its use couldn't be metered. It seems fair to
pay a low royalty to the producer of a film which is rarely used but
unfair to pay the same royalty to a producer whose film is seen by
hundreds of students or to ask that producer to subsidize your reference
collection.   

4. Broadly speaking you're asking distributors to give you a 90%
discount on our products. What if we were to say, we would be delighted
to do that the minute Elsevier or Sage or the University of Virginia
Press matched our offer? Or when your telephone, internet or electricity
provider does the same? Have you thought of going to them and saying you
had a budget crunch so could they please give you a 90% cut in your
telephone bill? Could you also promise them that if they did you would
make ten times as many telephone calls? Perhaps in this case, we are
really talking about  companies with economic power vs. companies which
can be pushed around? 

Newsreel admits that it can be pushed around and independent filmmakers
can be pushed around as well. That's our crusts and margarine.. And if
there's one thing the past few years have demonstrated, it's who wins in
a contest between economics and ethics.   

Best Wishes
Larry
  

Lawrence Daressa
California Newsreel
500 Third Street, #505
San Francisco, CA  94107
phone: 415.284.7800 x302
fax: 415.284.7801
l...@newsreel.org
www.newsreel.org 
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Today's Topics:

   1. Re: How do you know when you've become an artist?] Fair
  Pricing for Independent Documentaries (Elizabeth Stanley)
   2. Re: How do you know when you?ve become an artist?]
  (Ball, James (jmb4aw))


--

Message: 1
Date: Fri, 1 Jul 2011 12:28:43 -0400
From: Elizabeth Stanley elizab...@bullfrogfilms.com
Subject: Re: [Videolib] How do you know when you've become an artist?]
Fair Pricing for Independent Documentaries
To: videolib@lists.berkeley.edu videolib@lists.berkeley.edu
Message-ID:
0d60cf5d39dfde49ab3837411a72fbb203a532e...@bfsbs08.bf.local
Content-Type: text/plain; charset=us-ascii

Hello, Matt,

You've got my attention

Re: [Videolib] What gets streamed...what gets used.

2011-02-23 Thread Lawrence Daressa

Dear Gary,

Thanks for your eye-opening post. I'd love to see your list but didn't
get the attachment.  The issue you raise is one that faces distributors
as well. The primary reason titles are not available digitally is
embedded copyrighted material which has not been cleared for digital
delivery.. Depending on the amount and nature of this footage, the costs
can run up to $50,000 for a standard historical documentary. That
expense would be almost equaled by the highly specialized labor
necessary to locate and negotiate rights digital deals. In the case of
many older titles, the necessary video logs and music cue sheets are
simply not available. There is no way that an older film could recoup
these additional costs in the present unstable (and un-lucrative)
digital market.

The expedient  many distributors (including some content aggregators)
are using is to release a film digitally with the proviso that they may
take it down (implicitly, when an infringement is noticed.) So, the
purchaser of a subscription is really only getting the right to stream
the content until some copyright holder gets wind of it. Of course, in
95% of the cases no one will, so the risk may not be appreciable
especially spread over 5000 titles. (By the way, I believe FMG requires
that the copyright holder of a film warrant that he or she has cleared
the digital rights.)

Newsreel itself is in denial on this issue. The upper limit for damages
is $115,000 per infringement but most cases are settled simply for the
cost of the clearance. In our film, Strange Fruit, however, the cost
of clearing the title song and signature performance  would be $35,000. 

I hope this sheds some more light on this troubling situation.

Larry. 

Lawrence Daressa
California Newsreel
500 Third Street, #505
San Francisco, CA  94107
phone: 415.284.7800 x302
fax: 415.284.7801
l...@newsreel.org
www.newsreel.org 

-Original Message-
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Sent: Wednesday, February 23, 2011 9:51 AM
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Subject: videolib Digest, Vol 39, Issue 90

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Today's Topics:

   1. Repost: Quick Question re: Cataloging Media Sets
  (Meghann Matwichuk)
   2. What gets streamed...what gets used
  (ghand...@library.berkeley.edu)


--

Message: 1
Date: Wed, 23 Feb 2011 12:03:53 -0500
From: Meghann Matwichuk mtw...@udel.edu
Subject: [Videolib] Repost: Quick Question re: Cataloging Media Sets
To: videolib@lists.berkeley.edu
Message-ID: 4d653df9.8040...@udel.edu
Content-Type: text/plain; charset=iso-8859-1

Some of you may remember that I posted the following query to the 
listserv at the beginning of the year.  I did get a number of great 
responses (thank you!), but the question got buried a bit in a list 
mishap where duplicate messages spawned between videolib and videonews.

I thought I'd toss it out one more time to see if those of you who did 
not respond in January might be able to give their $.02 this time
around.

Thanks,
Meghann

 Original Message 
Subject:Quick Question re: Cataloging Media Sets
Date:   Mon, 03 Jan 2011 16:36:16 -0500
From:   Meghann Matwichuk mtw...@udel.edu
To: videolib@lists.berkeley.edu



I am curious to know what your general approach is to cataloging movies 
which are packaged in sets, such as the Criterion Eclipse Series; for 
example, The First Films of Samuel Fuller, which contains three 
individual films.  Would you catalog this as:

A) One record with three parts, e.g. The First Films of Samuel Fuller 
(set, parts 1-3)

or

B) Three individual records, e.g. The Steel Helmet, The Baron of 
Arizona, and I Shot Jesse James?

If you have an extra second and could let me know what kind of library 
you represent (academic / public / etc.), I'd appreciate it.

Cheers,

*
Meghann Matwichuk, M.S.
Associate Librarian
Instructional Media Collection Department
Morris Library, University of Delaware
181 S. College Ave.
Newark, DE 19717
(302) 831-1475
http://www.lib.udel.edu/ud/instructionalmedia/

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Message: 2
Date: Wed, 23 Feb 2011 09:51:16 -0800
From: ghand...@library.berkeley.edu
Subject

Re: [Videolib] Streaming within a password protected course management system

2010-12-01 Thread Lawrence Daressa
This opinion letter from the Library Copyright Alliance is a legal
brief in support of a practice which it acknowledges may result in
litigation. In this respect, it is incomplete. It does not say how much
lawyers will charge to pursue such litigation or what penalties might
result if its opinion is not upheld. Are the LCA, ARL of CSM prepared to
defend and hold harmless those who trust their adventurous
interpretations?. 

This brief does, however, manage to raise in passing a key issue.
Educational film distributors, by definition, distribute films whose
explicit purpose is education. Indeed, today, their licensing agreements
usually stipulate that their titles are intended primarily for use in
mediated instruction. It is hard - at least for an educational
distributor - to understand how the use of an entire educational film by
an educational institution to educate its students would constitute a
transformative use and hence a fair use. Also, it is difficult for us
to see how such a fair use would not result in financial injury  to an
educational distributor since the primary market for educational films
in presumably educators.  

There is a further point. If an educational institution has not claimed
a fair use exemption in the past for its use of educational films in
face-to-face instruction but purchased them as  instructional materials
like a book or blackboard, how can it now claim that its use is a fair
use simply because it is used in a virtual classroom, eg. distance
learning or course management software   Bookending it with some
discussion questions or assigned readings hardly counters this argument
since educational films have always been used within a context of
accompanying print materials. Copyright law is skeptical of such
opportunistic conversion experiences.

Larry 

Lawrence Daressa
California Newsreel
500 Third Street, #505
San Francisco, CA  94107
phone: 415.284.7800 x302
fax: 415.284.7801
l...@newsreel.org
www.newsreel.org 
-Original Message-
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Sent: Wednesday, December 01, 2010 12:26 PM
To: videolib@lists.berkeley.edu
Subject: videolib Digest, Vol 37, Issue 3

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Today's Topics:

   1. Re: Streaming within a password protected course management
  system (ghand...@library.berkeley.edu)
   2. Public Libraries and Streaming Video (Vicki Nesting)
   3. Re: Streaming within a password protected course management
  system (Hannah Lee)


--

Message: 1
Date: Wed, 1 Dec 2010 10:43:35 -0800
From: ghand...@library.berkeley.edu
Subject: Re: [Videolib] Streaming within a password protected course
management system
To: videolib@lists.berkeley.edu
Message-ID:
5a9325b852e4ee357a8483e130e0b90d.squir...@calmail.berkeley.edu
Content-Type: text/plain;charset=utf-8

uh...well OK...This is part of ARL's response to the UCLA case.  I think
the jury is still definitely out, despite what ARL thinks.  The thing
that's frustrating about this pronouncement is the fact that it was
shepherded thru without any participation whatsoever from media
librarians--in other words, it was developed in a vacuum and may not
reflect working or legal realities.

gary handman



 Hello--the Library Copyright Alliance (which is affiliated with ALA,
 ACRL, and ARL) has issued a brief that goes over the issue of
 streaming an entire film in a remote non-classroom location. Here's
 the link to the eight page brief:

http://www.librarycopyrightalliance.org/bm~doc/ibstreamingfilms_021810.p
dfhttp://www.librarycopyrightalliance.org/bm%7Edoc/ibstreamingfilms_021
810.pdf

 In short, they state that the three provisions of the Copyright Act
 ... could permit streaming of this sort: Sections 107, 110(2), and
 110(1). While all three provisions may apply, Section 107 fair use is
 perhaps the strongest justification.


 Hannah

 On Fri, Nov 12, 2010 at 3:51 PM, Shoaf,Judith P jsh...@ufl.edu
wrote:

 If the documentaries are designed to accompany the textbook, the
 publishers
 may be willing to give permission for the streaming version as an
 ancillary.

 If the documentaries are designed to accompany a textbook not used in
 the
 course, they can?t be used, I believe.

 If they are independent documentaries, they should be shown in class.
 Probably for distance ed they could be streamed

Re: [Videolib] On-Line Streaming Sources

2010-08-19 Thread Lawrence Daressa

Thanks Deg for the very useful information. Rather than my usual
rant-to-the-list, this post appeals to the wisdom-of-the-list. 

Does anyone know of a digital delivery service for videos of conference
sessions? We have recently acquired 40 DVDs from the SNCC 50th
Anniversary Conference in May and would like to make them available both
as individual sessions and the whole conference both on DVD and
digitally for a nominal fee. Thanks.

Larry  

Lawrence Daressa
California Newsreel
500 Third Street, #505
San Francisco, CA  94107
phone: 415.284.7800 x302
fax: 415.284.7801
l...@newsreel.org
www.newsreel.org 

-Original Message-
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videolib-requ...@lists.berkeley.edu
Sent: Thursday, August 19, 2010 12:34 PM
To: videolib@lists.berkeley.edu
Subject: videolib Digest, Vol 33, Issue 56

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Today's Topics:

   1. Re: [Online streaming sources (Deg Farrelly)
   2. Re: Robert Rauschenberg- Man At Work (Delin, Peter)
   3. Re: Robert Rauschenberg- Man At Work [1998] (Randal Baier)
   4. Department of Justice (ANPRM) -Movie captioning  video
  description for movies shown in movie theaters (Catherine Michael)
   5. link correction: Department of Justice (ANPRM) -Movie
  captioning (Catherine Michael)
   6. Looking for: Classroom Interviews in Action (Vince Jenkins)


--

Message: 1
Date: Wed, 18 Aug 2010 13:48:49 -0700
From: Deg Farrelly deg.farre...@asu.edu
Subject: Re: [Videolib] [Online streaming sources
To: videolib@lists.berkeley.edu videolib@lists.berkeley.edu
Message-ID: c8919541.4d3eb%ic...@exchange.asu.edu
Content-Type: text/plain; charset=iso-8859-1

Similarly, use data from Arizona State University.  (I am only able to
provide simple usage data from the entry tab, not to the specific
providers.  I'm looking into more detailed reporting)

From my Streaming Video LibGuide which went live in January.
Aggregated data January 2010 to date:

Films On Demand - 749
Internet sites - 716
Other Licensed Collections - 544
Pay-Per-View Sources - 286
Linking Videos in Blackboard - 489

Note:  MOST films on demand titles have catalog records, so many users
access those titles from links in the online catalog.
Films on Demand is a subscription shared across the 3 AZ universities
(ASU, UofA, NAU).  IP range use data is not available, but aggregated
data for the first year of operation:

 *   4830 titles (about 75% of the collection) were used
 *   212,517 total use
 *   Most viewed title:  13,340 views
 *   More than half the titles viewed (2601) received 6 or more uses.
 *

For information on the resources linked under each of these tabs, please
look at my LibGuide here: http://libguides.asu.edu/StreamingVideo

***
Date: Wed, 18 Aug 2010 13:47:56 -0400
From: Jo Ann Reynolds jo_ann.reyno...@uconn.edu
Subject: Re: [Videolib] Online streaming sources

I have the Internet Archives and some others linked to a Media Resources
LibGuide. Usage stats indicate 90 hits to the Free Media tab since
January and 137 to Documentaries and Educational Media, which is a page
devoted to links to free resources. Individual link stats: 8 hits to
free documentaries online, 4 to PBS Frontline, 14 to PBS, 3 to TED
Talks, 4 to Web of Stories, 2 to Babelgum, 1 to Discovery channel, just
to give you an idea. Not a lot of hits but fills part of the need we
have here.

Libguide:  http://classguides.lib.uconn.edu/mediaresources

Jo Ann Reynolds

snip


Hi All,

I'm wondering if anyone is using any of the online free streaming
sources (such as Internet Archives, EZ Takes, Crackle) as an alternative
to physical DVDs for reserves, and if so what are the benefits and
drawbacks?

Cheers,

Matt



--

Message: 2
Date: Thu, 19 Aug 2010 14:10:37 +0200
From: de...@zlb.de (Delin, Peter)
Subject: Re: [Videolib] Robert Rauschenberg- Man At Work
To: videolib@lists.berkeley.edu
Message-ID: 4c6d1f3d.30...@zlb.de
Content-Type: text/plain; charset=ISO-8859-1; format=flowed

Dear Debra,

there is a German version available (Region 0, Englisch language, but
PAL !)
http://www.arthaus-musik.com/templates/tyCatalogueDetail.php?id=524topi
c=homepage
available also from amazon.de
http://www.amazon.de/Robert-Rauschenberg-Man-Work-DVD/dp/393987308X

Best Peter

Email: de...@zlb.de
http://www.zlb.de/wissensgebiete/kunst_buehne_medien/videos
http

Re: [Videolib] A Producer's Guide to Digital Rights Management

2010-07-30 Thread Lawrence Daressa

Newsreel has just posted a revised and expanded version of its A
Producer's Guide to Digital Rights Management. It provides an
admittedly opinionated view of the emerging digital environment. The
footnotes, as readers of videolib will not be surprised, manage to be
simultaneously scathing (names are named) and abstruse, and are to my
mind the most amusing part of the document. The guide itself, however,
may prove a marginally useful reference tool for production students and
even some novice video librarians. It can be found at
http://www.newsreel.org/articles/sffs.htm Sorry for the plug.

Larry

Lawrence Daressa
California Newsreel
500 Third Street, #505
San Francisco, CA  94107
phone: 415.284.7800 x302
fax: 415.284.7801
l...@newsreel.org
www.newsreel.org 

-Original Message-
From: videolib-boun...@lists.berkeley.edu
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of
videolib-requ...@lists.berkeley.edu
Sent: Friday, July 30, 2010 12:02 PM
To: videolib@lists.berkeley.edu
Subject: videolib Digest, Vol 32, Issue 78

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than Re: Contents of videolib digest...


Today's Topics:

   1. Re: videolib Digest, Vol 32, Issue 77 (Maria Soares)
   2. VintageFilmBuff (Brigid Duffy)
   3. Re: Michael Moore wants to bring back downtown movie  theaters
  (Alex O. Williams)


--

Message: 1
Date: Fri, 30 Jul 2010 14:48:15 -0400
From: Maria Soares maria.soa...@humber.ca
Subject: Re: [Videolib] videolib Digest, Vol 32, Issue 77
To: videolib@lists.berkeley.edu
Message-ID: fc.007ea92c086134563b9aca0066e4f290.8613...@humber.ca
Content-Type: text/plain; charset=utf-8

I will be on vacation as of July 26 and returning August 16.
Interlibrary loan
services will not be available during this time.  If you need immediate
assistance, please call 416-675-6622 ext. 4421

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Message: 2
Date: Fri, 30 Jul 2010 11:56:24 -0700
From: Brigid Duffy bdu...@sfsu.edu
Subject: [Videolib] VintageFilmBuff
To: videolib@lists.berkeley.edu
Message-ID: 839c871d-89aa-4222-98fc-c8ddbdc5a...@sfsu.edu
Content-Type: text/plain; charset=US-ASCII; format=flowed; delsp=yes

Hello all,

Has anyone dealt with VintageFilmBuff
(http://www.vintagefilmbuff.com/)? 
  They have a film on DVD that I can't find available even on vhs,  
College Humor (1933).

We want it, but not if it's bootleg.

Thanks either way,


Brigid Duffy
Academic Technology
San Francisco State University
San Francisco, CA  94132-4200
E-mail: bdu...@sfsu.edu



--

Message: 3
Date: Fri, 30 Jul 2010 12:02:03 -0700
From: Alex O. Williams a...@typecastfilms.com
Subject: Re: [Videolib] Michael Moore wants to bring back downtown
movie   theaters
To: videolib@lists.berkeley.edu
Message-ID:
aanlktinvmlgmytnzggh8z8supoda5taziit2cy68i...@mail.gmail.com
Content-Type: text/plain; charset=windows-1252

Nice?thanks Nan! Here's a neat photo of the remodeled State
Theaterhttp://www.filmfestivalworld.com/fileadmin/tcff_State_Theater.jp
gin
Traverse City, MI.
when I visited the Dakotas last summer, I watched MOON at the restored
Fargo
Theaterhttp://2.bp.blogspot.com/_9F1kKNUUaeY/SkCYkz-kiNI/BGk/W9
npWgB8Fto/s400/Fargo+theatre.jpg
in
downtown Fargo. there is hope!


_
Alex O. Williams
Institutional Sales

AFD / Typecast Films
Seattle, WA . USA
ph: 206.322.0882 x.202 | fx: 206.322.4586

arabfilm.com | typecastfilms.com


On Fri, Jul 30, 2010 at 11:42 AM, Rubin, Nan rub...@thirteen.org
wrote:

  A story to brighten up the day, from the AP.

 best,
 Nan Rubin

 * * * * *



http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2010/07/29/entertainmen
t/e120344D81
 .DTL

 **

 *Moore** wants to bring back downtown movie theaters*

 By JOHN FLESHER and MIKE HOUSEHOLDER, Associated Press Writers

 Thursday, July 29, 2010

 (07-29) 12:09 PDT Traverse City, Mich. (AP) --

 For generations, Americans viewed
filmshttp://topics.sfgate.com/topics/Filmin stately, single-screen
theaters that were pillars of city business
 districts ? an experience that faded with the rise of suburban
multiplexes
 and the decline of downtowns.

 Michael Moore http://topics.sfgate.com/topics/Michael_Moore wants to
 bring those theaters back. The Academy
Awardhttp://topics.sfgate.com/topics/Academy_Award-winning
 documentary filmmaker has a plan to refurbish

Re: [Videolib] New copyright rules re: DMCA exemptions are finally announced

2010-07-26 Thread Lawrence Daressa
I hope Chris Lewis will forward these clear guidelines to his colleagues
Pat Aufderheide of the Center for Social Media at American University
and  Peter Jazy of the American University Law School. It may help them
clarify their position on whether every educational use of copyrighted
material, in whole or in part, ipso facto constitutes a transformative
and hence fair use.

Although this ruling specifically addresses the breaking of encryption
under the DMCA, I think we can infer that Librarian of Congress'
definition of the exemption is intended to permit circumvention in the
case of fair uses as historically understood. 

The Librarian's language restricts circumvention to incorporation of
small portions of motion pictures into new works for the purpose of
criticism or comment.  This reaffirms that only small portions of a
work may be used under a fair use claim, only enough quotation to permit
criticism of or comment on the work quoted. Thus claims, such as UCLA's,
that it may break DVD encryption to stream entire texts simply because
they are being used educationally are ruled out. 

More importantly, the Librarian limits the purposes for which encryption
may be broken to criticism and comment. This does not permit
circumvention simply to explain or illustrate what the work itself
explains or illustrates. This distinction is indeed academic because
educational texts are explicitly intended to explain and illustrate
educational points. Hence, their use to do so would, on its face, not be
q transformative use but something closer to plagiarism, not quotation
but substitution, in short, copying a copyrighted work to circumvent not
encryption but payment. 

This provides narrower grounds for breaking encryption than I, as a
documentary producer, would prefer. I would hope that copyrighted
material could be incorporate into a remix or mash-up, not just to
critique or comment on the material quoted but merely to transform it,
for example, through video manipulation or superimposition. This would,
I admit, require a rather expansive interpretation of comment. . 
.
 
Lawrence Daressa
California Newsreel
500 Third Street, #505
San Francisco, CA  94107
phone: 415.284.7800 x302
fax: 415.284.7801
l...@newsreel.org
www.newsreel.org 

-Original Message-
From: videolib-boun...@lists.berkeley.edu
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of
videolib-requ...@lists.berkeley.edu
Sent: Monday, July 26, 2010 10:35 AM
To: videolib@lists.berkeley.edu
Subject: videolib Digest, Vol 32, Issue 58

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Today's Topics:

   1. Re: videolib Digest, Vol 32, Issue 57 (Maria Soares)
   2. Re: New copyright rules re: DMCA exemptions are finally
  announced - and they are now exempt educational uses by all
  university professors and students (Jessica Rosner)
   3. FAQ on DMCA (CROWLEY, CHRISTINE)
   4. Re: FAQ on DMCA (Brewer, Michael)


--

Message: 1
Date: Mon, 26 Jul 2010 12:45:06 -0400
From: Maria Soares maria.soa...@humber.ca
Subject: Re: [Videolib] videolib Digest, Vol 32, Issue 57
To: videolib@lists.berkeley.edu
Message-ID: fc.007ea92c085c7ada3b9aca00db6c7b8f.85c7...@humber.ca
Content-Type: text/plain; charset=utf-8

I will be on vacation as of July 26 and returning August 16.
Interlibrary loan
services will not be available during this time.  If you need immediate
assistance, please call 416-675-6622 ext. 4421

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Message: 2
Date: Mon, 26 Jul 2010 12:46:01 -0400
From: Jessica Rosner maddux2...@gmail.com
Subject: Re: [Videolib] New copyright rules re: DMCA exemptions are
finally announced - and they are now exempt educational uses by
all
university professors and students
To: videolib@lists.berkeley.edu
Message-ID:
aanlkti=e6lm+dhhob+alfczotzqxkme7un40k__vk...@mail.gmail.com
Content-Type: text/plain; charset=iso-8859-1

Very sensible. It allows you circumvent the DMCA in order to use a small
portion of a work for a class etc. I especially appreciate that it
really
spells out this is a small portion and for a transformative purpose.


Jessica


On Mon, Jul 26, 2010 at 12:35 PM, Chris Lewis cle...@american.edu
wrote:

 http://www.copyright.gov/1201/

 --
 Chris Lewis
 Media Librarian
 American University Library
 202.885.3257

Re: [Videolib] videolib Digest, Vol 32, Issue 64

2010-07-26 Thread Lawrence Daressa

I think Gary is being a little disingenuous to say that today's ruling
has absolutely nothing to do with fair use. One need merely read  UCLA's
legal brief to see that they are making a fair use claim for breaking
encryption not to use clips to critique or comment but to stream
entire works. 

What this sentence does is resolve a contradiction between fair use and
the DMCA. I would claim that a professor's  fair use right to use clips
trumped the DMCA all along, but I'm not a legal scholar. Today's ruling
only extends well-established fair use standards and protections to
encrypted content and, unfortunately, only for certain classes of users
(teachers, students, documentary and non-commercial filmmakers) but not
non-commercial distributors or the average citizen.

The real issue is not are teachers breaking encryption to use small
portions of films to critique or comment on those films but are they
screening and streaming large portions of films to explain and
illustrate the curriculum without paying for those rights. I think we
all know the answer to that.

Larry  

Lawrence Daressa
California Newsreel
500 Third Street, #505
San Francisco, CA  94107
phone: 415.284.7800 x302
fax: 415.284.7801
l...@newsreel.org
www.newsreel.org 

-Original Message-
From: videolib-boun...@lists.berkeley.edu
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of
videolib-requ...@lists.berkeley.edu
Sent: Monday, July 26, 2010 6:25 PM
To: videolib@lists.berkeley.edu
Subject: videolib Digest, Vol 32, Issue 64

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Today's Topics:

   1. DMCA...what did we win? (Rudy Leon)
   2. Re: DMCA...what did we win? (ghand...@library.berkeley.edu)
   3. Re: DMCA...what did we win? (Rudy Leon)
   4. Re: New copyright rules re: DMCA exemptions are
  finallyannounced (Jessica Rosner)


--

Message: 1
Date: Mon, 26 Jul 2010 15:18:06 -0500
From: Rudy Leon rudy.l...@gmail.com
Subject: [Videolib] DMCA...what did we win?
To: videolib@lists.berkeley.edu
Message-ID:
aanlktik880+bum-d_vfc04xirfvbrnxcd4fpxw7vb...@mail.gmail.com
Content-Type: text/plain; charset=iso-8859-1

Someone just asked me, and I realized I did not have the answer -- does
this
Rule-making by the Librarian of Congress carry the weight of law? is it
a
binding step, or a step on the path to a binding interpretation?
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Message: 2
Date: Mon, 26 Jul 2010 13:24:49 -0700
From: ghand...@library.berkeley.edu
Subject: Re: [Videolib] DMCA...what did we win?
To: videolib@lists.berkeley.edu
Message-ID:
080a7544d514f220e60bc196cb0b0531.squir...@calmail.berkeley.edu
Content-Type: text/plain;charset=utf-8

The LOC is vested with making binding rulings re copyright.  This
particular ruling does not need to be ratified by Congress.

Gary



 Someone just asked me, and I realized I did not have the answer --
does
 this
 Rule-making by the Librarian of Congress carry the weight of law? is
it a
 binding step, or a step on the path to a binding interpretation?
 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




--

Message: 3
Date: Mon, 26 Jul 2010 15:50:49 -0500
From: Rudy Leon rudy.l...@gmail.com
Subject: Re: [Videolib] DMCA...what did we win?
To: videolib@lists.berkeley.edu
Message-ID:
aanlkti=x4x-jyxhfcgwmmm5+ybryampjraohml+rn...@mail.gmail.com
Content-Type: text/plain; charset=iso-8859-1

Thanks Gary!

On Mon, Jul 26, 2010 at 3:24 PM, ghand...@library.berkeley.edu wrote:

 The LOC is vested with making binding rulings re copyright.  This
 particular ruling does not need to be ratified by Congress.

 Gary



  Someone just asked me, and I

Re: [Videolib] PBS vs. FMG

2010-06-21 Thread Lawrence Daressa

Dear List,

California Newsreel, Women Make Movies, Icarus Films and Bullfrog Films
are considering building a joint digital delivery platform. We would
maintain our own discrete portals and on-line catalogs but share a
shopping cart, customer registration system and digital fulfillment
capacity. We have looked at FMG and Ambrose 2.0 as setting industry
standards for remote delivery.

Last week, there was a posting which seemed to say that PBS was adopting
a different model. They would supply DVDs or digital files which could
then be streamed from password protected local servers.  

Setting aside any questions of pricing and rights, which of these two
models, local or remote delivery, would your library prefer today? Which
do you think it will prefer five years from now? 

Thanks for helping us decide how best to accomplish the digital
migration of our collections.

Best Wishes
Larry Daressa 


   

Lawrence Daressa
California Newsreel
500 Third Street, #505
San Francisco, CA  94107
phone: 415.284.7800 x302
fax: 415.284.7801
l...@newsreel.org
www.newsreel.org 

-Original Message-
From: videolib-boun...@lists.berkeley.edu
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of
videolib-requ...@lists.berkeley.edu
Sent: Sunday, June 20, 2010 1:05 PM
To: videolib@lists.berkeley.edu
Subject: videolib Digest, Vol 31, Issue 40

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Today's Topics:

   1. Re: DVDs  doughnut labels (CROWLEY, CHRISTINE)


--

Message: 1
Date: Sun, 20 Jun 2010 00:13:21 -0500
From: CROWLEY, CHRISTINE ccrowl...@alamo.edu
Subject: Re: [Videolib] DVDs  doughnut labels
To: videolib@lists.berkeley.edu
Message-ID:
dbce06919cb10d438b9adeb7486c3d4101af1...@accdmail2.ad.root
Content-Type: text/plain; charset=iso-8859-1

We use the 3m overlays and have a printed doughnut hole label, no
problems that I am aware of.
 
Christine Crowley
Dean of Learning Resources
Northwest Vista College
3535 N. Ellison Dr.
San Antonio, TX 78251
210.486.4572 office
210.486.4504 fax
ccrowl...@alamo.edu
Northwest Vista College is one of the Alamo Colleges
www.alamo.edu/nvc/lrc
 



From: videolib-boun...@lists.berkeley.edu on behalf of m.lo...@mphpl.org
Sent: Sat 6/19/2010 12:31 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] DVDs  doughnut labels


We have been using the 'doughnuts' under the security over-lays for
several years.  We have had very few complaints and it has helped us to
lower the rate of theft and minimize the shelf space now without bulky
security covers. We have a circular property stamp on the doughnut and
we by hand write the last significant digits of the bar code for our
tracking encase the disc and the case become separated.


Marsha Loyer
Media Services Coordinator
Mishawaka-Penn-Harris Public Library
209 Lincoln Way East
Mishawaka, IN 46544
Phone: 574-259-5277
Fax: 574-254-5585
Email: m.lo...@mphpl.org



 Original Message 
Subject: [Videolib] DVDs  doughnut labels
From: Logan, Michael mlo...@co.humboldt.ca.us
Date: Fri, June 18, 2010 7:01 pm
To: videolib@lists.berkeley.edu


Hi everyone,

I'm wondering if anyone is using 3M security-strip overlays in
conjunction with a doughnut hub label. We are currently using
the
overlays and hand-writing our library's ownership information
around the
DVD hub, as we had been concerned about excessive labels
throwing off
the DVDs' spin/balance. But we're trying to streamline the
processing of
these items, and get them out on the shelves faster.

We're very interested in anyone who has used both the security
overlays
WITH a printable (or pre-printed) hub label--has this worked for
you?
Have there been problems (patron complaints about playability
issues,
etc.)? Any real-world information would be greatly appreciated!

Thanks very much,

Michael Logan
Acquisitions  Technical Services
Humboldt County Library
Eureka, CA
(707) 269-1962




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

Re: [Videolib] Licensing versus Purchase/ Institutional versus Home Pricing

2010-05-14 Thread Lawrence Daressa

Myles, I'm sure you're right that stipulations will alienate some
potential customers which we regret. But these days it seems that
charging anything for digital content is taken as an affront. And it
shouldn't matter to anyone who simply wants to use a film in class.

As a public librarian, however, you have nothing to worry about because
circulation copies are used by only one borrower at a time, you could
license virtual copies similarly to Overdrive at the $49.95 price. We'd
like to be able to sell directly through Overdrive, in fact, but they
aren't able to differentiate between public and university libraries
(you'd think the .edu versus .org suffix would be simple enough.) 

As to UCLA, I agree they might not respect a license even if they agreed
to it. Like some other distributors, we are not selling to U.C.L.A.
until the case is resolved. The state seems to have decided it's less
expensive to litigate than to pay for its educational materials and I
suppose they might well be right.

Larry
 
Lawrence Daressa
California Newsreel
500 Third Street, #505
San Francisco, CA  94107
phone: 415.284.7800 x302
fax: 415.284.7801
l...@newsreel.org
www.newsreel.org 

-Original Message-
From: videolib-boun...@lists.berkeley.edu
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of
videolib-requ...@lists.berkeley.edu
Sent: Friday, May 14, 2010 3:12 PM
To: videolib@lists.berkeley.edu
Subject: videolib Digest, Vol 30, Issue 52

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Today's Topics:

   1. Re: Licensing versus Sales; Institutional versus Home Pricing
  (Jaeschke, Myles)


--

Message: 1
Date: Fri, 14 May 2010 17:04:16 -0500
From: Jaeschke, Myles mjae...@tulsalibrary.org
Subject: Re: [Videolib] Licensing versus Sales; Institutional versus
Home Pricing
To: 'videolib@lists.berkeley.edu' videolib@lists.berkeley.edu
Message-ID:

879996668085ee4ab2aab049051c420d91e2974...@tccl-email.central.local
Content-Type: text/plain; charset=us-ascii

Christine,
I was just thinking kinda the same thing but wasn't quite sure how to
word it.  I think most of the media librarians out there strive to honor
the requests and terms of our vendors, but  there has to be a simpler
way than this.  Lawrence with all of these stipulations you may be
alienating some of the purchasers of your fine products.  Many of the
steaming issues are not an issue for me yet as a purchaser for a public
library but I'm sure it's coming in the near future.

Best,
Myles Jaeschke

Tulsa City County Library
Media Collections

From: videolib-boun...@lists.berkeley.edu
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of CROWLEY,
CHRISTINE
Sent: Friday, May 14, 2010 4:52 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Licensing versus Sales; Institutional versus
Home Pricing

I'm trying to imagine having the time and the staff to arrange for and
monitor the usage of your materials, Lawrence. And multiply that by the
number of vendors we buy from...all of whom may have similar policies
with minor differences..hmmm. And then we must also invite the IT folks
and faculty to these discussions as they often are ignorant (blissfully
so) of the nuances of use and are probably planning to make use of the
current technology to deliver this information to their students. There
might be a whole new career path for Licensing Arbitrators. Not that we
could afford to hire one...

Just my thoughts on a rainy afternoon,

Christine Crowley
Dean of Learning Resources
Northwest Vista College
3535 N. Ellison Dr.
San Antonio, TX 78251
210.486.4572 office
210.486.4504 fax
ccrowl...@alamo.edumailto:ccrowl...@alamo.edu
Northwest Vista College is one of the Alamo Colleges
www.alamo.edu/nvc/lrchttp://www.alamo.edu/nvc/lrc



From: videolib-boun...@lists.berkeley.edu on behalf of Lawrence Daressa
Sent: Fri 5/14/2010 3:48 PM
To: videolib@lists.berkeley.edu
Subject: [Videolib] Licensing versus Sales; Institutional versus Home
Pricing

Dear All,

I've been off the list for two weeks and would like to add something to
the discussion of licensing versus sales and institutional versus home
pricing. I apologize if I have made these points before, but they seem
to have bearing on these postings.

Newsreel has begun attaching a licensing agreement to all our DVD sales
in response to the UCLA case and the proliferation of similarly fanciful
fair use claims. All purchasing

Re: [Videolib] Licensing versus sales, institutional versus home pricing

2010-05-14 Thread Lawrence Daressa
Dear Gary,

I don't see why this would create a problem if the researcher were
accredited and password protected. Password protection constitutes
recognition that the user is in some way affiliated with Berkeley or
that they have access to a digital device located on that campus. 

On the other hand, if the content is available to anyone in the world
without password-protection or university accreditation, it would grant
Berkeley world-wide streaming rights for $195, putatively eliminating
the rest of the global market. Not only would this violate distributors'
contracts with their producers but producers' contracts with the
copyright holders of embedded content. Even Google agrees to apply
geo-blocking. 

This raises a related issue. If there is in fact no difference between a
DVD and digital streaming, why is it that now people thousands of miles
from Berkeley have access to content which they would not have in the
case of a DVD or hard copy book? I understand the responsibilities of an
international research institution but, as with the UCLA case, they seem
to trump any consideration of copyright let alone compensation for
content producers.

Best Wishes
Larry   

Lawrence Daressa
California Newsreel
500 Third Street, #505
San Francisco, CA  94107
phone: 415.284.7800 x302
fax: 415.284.7801
l...@newsreel.org
www.newsreel.org 

-Original Message-
From: videolib-boun...@lists.berkeley.edu
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of
videolib-requ...@lists.berkeley.edu
Sent: Friday, May 14, 2010 4:38 PM
To: videolib@lists.berkeley.edu
Subject: videolib Digest, Vol 30, Issue 55

Send videolib mailing list submissions to
videolib@lists.berkeley.edu

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Today's Topics:

   1. Re: Licensing versus Sales;   Institutional versus Home
  Pricing (Jessica Rosner)


--

Message: 1
Date: Fri, 14 May 2010 19:37:26 -0400
From: Jessica Rosner maddux2...@gmail.com
Subject: Re: [Videolib] Licensing versus Sales; Institutional versus
HomePricing
To: videolib@lists.berkeley.edu
Message-ID:
aanlktin8gw5ixmx8pznsqygwblcpk9vfqztdrpnsz...@mail.gmail.com
Content-Type: text/plain; charset=iso-8859-1

I think this can easily be worked out. I think it would be more
practical
for a purchase agreement to just make it clear what is already the case
under copyright law , the
purchasers can not digitize, stream or copy any title without explicit
permission. I doubt you or most librarians here would have a problem
with
that.

Alas that does not solve that much as the pricing for streaming and the
length  of term is still a major problem.

On Fri, May 14, 2010 at 6:49 PM, ghand...@library.berkeley.edu wrote:

 This is massively problematic, Larry (and all others)...

 All purchasing a license as opposed to a DVD does is
 restrict use to registered students, staff and faculty, whether
 individually or in class.

 Public research institutions (and many small public institutions) are
 chartered not only to support teaching, study, and research by
registered
 students, staff and faculty, but also to national and international
 scholarly agendas and needs.  Although the very large majority of
MRC's
 use is by UCB/UC students, we regularly make ourselves available to
valid
 researchers from all over the world.  A license that would restrict
this
 larger mission is simply not tenable for us.  I suspect that this also
 holds true for other ARL colleagues on this list...

 Gary Handman



  I'm trying to imagine having the time and the staff to arrange for
and
  monitor the usage of your materials, Lawrence. And multiply that by
the
  number of vendors we buy from...all of whom may have similar
policies
 with
  minor differences..hmmm. And then we must also invite the IT folks
and
  faculty to these discussions as they often are ignorant (blissfully
so)
 of
  the nuances of use and are probably planning to make use of the
current
  technology to deliver this information to their students. There
might be
 a
  whole new career path for Licensing Arbitrators. Not that we could
afford
  to hire one...
 
  Just my thoughts on a rainy afternoon,
 
  Christine Crowley
  Dean of Learning Resources
  Northwest Vista College
  3535 N. Ellison Dr.
  San Antonio, TX 78251
  210.486.4572 office
  210.486.4504 fax
  ccrowl...@alamo.edu
  Northwest Vista College is one of the Alamo Colleges
  www.alamo.edu/nvc/lrc
 
 
  
 
  From: videolib-boun...@lists.berkeley.edu

Re: [Videolib] Fair Use Liberation Army

2010-02-05 Thread Lawrence Daressa
. Students can rent films from Amazon as easily and less expensively 
than buying a book. So who's ignoring the changes brought about by digital 
technology - distributors or video librarians? Could there be a double standard 
at work here, an anachronistic printist prejudice which still regards films 
as instructional technology on a par with an overhead projector?

The 300 lb. guerrilla in this entire argument, of course, has been that video 
acquisition budgets have been cut at virtually every university in the last 
year; that's what's prompted this upsurge of interest in affordability. As 
Gary knows the taxpayers of California have consistently refused to pay the 
real costs of public higher education and higher education has reciprocated by 
privatizing as many of those costs as possible. This is no doubt socially 
detrimental bordering on the sociopathic. Nonetheless, universities have not, 
to the best of my knowledge, threatened boycotts of book publishers, software 
vendors, internet service providers, etc. unless they make their products more 
affordable. They haven't formed Liberation Armies to appropriate telephone 
cables or bookstores under the banner of Fair Use or on the grounds that it 
would make education more affordable. These tactics seem reserved for video 
distributors.  

My very obvious point is that librarians (and distributors) are taking a lot of 
 assumptions for granted; we all carry the baggage of the past with us; we all 
have our sacred cows and oxen to be gored and exaggerate our own entitlement to 
the detriment of others.  Gary et al are right that the old business model is 
broken. But they seem to want to repair it at the expense of filmmakers and 
distributors. The challenge is not to fix a broken model but to invent a new 
one which can work for both content providers and content users.  

Larry Daressa


Lawrence Daressa
California Newsreel
500 Third Street, #505
San Francisco, CA  94107
phone: 415.284.7800 x302
fax: 415.284.7801
l...@newsreel.org
www.newsreel.org 


-Original Message-
From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of 
videolib-requ...@lists.berkeley.edu
Sent: Thursday, February 04, 2010 12:41 PM
To: videolib@lists.berkeley.edu
Subject: videolib Digest, Vol 27, Issue 11

Send videolib mailing list submissions to
videolib@lists.berkeley.edu

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than Re: Contents of videolib digest...


Today's Topics:

   1. Looking for BBC DVD of Kipling's Kim (Karen Heckman)
   2. Re: Fair Use Liberation Army (ghand...@library.berkeley.edu)
   3. Re: Fair Use Liberation Army (Sandra Macke)


--

Message: 1
Date: Thu, 04 Feb 2010 12:57:40 -0500
From: Karen Heckman heckma...@scranton.edu
Subject: [Videolib] Looking for BBC DVD of Kipling's Kim
To: videolib@lists.berkeley.edu
Message-ID: 4b6b0a94.9010...@scranton.edu
Content-Type: text/plain; charset=iso-8859-1

Hello All,

I'm getting blurry-eyed searching for this so I'm now turning to the 
pros.  I have a professor looking for this video which he thinks was 
produced by the BBC in 1984 starring Peter O'Toole.  I did find one on 
Amazon with O'Toole but its black and white which makes me think it is 
earlier than 1984 and there is no mention of BBC.  Perhaps the prof has 
a couple different versions converging in his mind?

Any help and/or direction on this would be greatly appreciated.

TIA.

Karen
-- 

Karen V. Heckman

Coordinator

Media Resources Collection

Weinberg Memorial Library

University of Scranton

Phone: 570-941-6330

FAX:  570-941-6369

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Message: 2
Date: Thu, 4 Feb 2010 10:12:57 -0800
From: ghand...@library.berkeley.edu
Subject: Re: [Videolib] Fair Use Liberation Army
To: videolib@lists.berkeley.edu
Message-ID:
6d1dd67c9fbb13b30f786437e4189b50.squir...@calmail.berkeley.edu
Content-Type: text/plain;charset=utf-8

Hi all

I am in complete agreement with Chris.  While I realize that we are in the
very early years of transition to new digital formats and deliver models,
it seems to me (as I've written before) that the economic models which
seem to have shaken down for licensing independently produced and
distributed media are simply not realistic or sustainable in the long run.
 The transition from a buy-once/use many model to a serial licensing model
represents a budgetary obligation

Re: [Videolib] Fair Use Liberation Army

2010-02-02 Thread Lawrence Daressa

I agree with Dennis on this. Fair use has become a thinly disguised cover for 
blatantly illegal copying and exhibition. As I pointed out in my post 
yesterday, this piracy is abetted by groups who have a clear agenda to 
liberate all digital moving image content from copyright protection. They 
stonewall when asked to give on example of where an appropriate educational use 
would not constitute a fair use. The assumption that moving image content 
should be exempted from the protection afforded books, photographs and journals 
reveals an implicit, anachronistic printist bias, all too familiar to readers 
of this list.

To demonstrate how outlandish and disingenuous some fair use claims have 
become, I'll cite three recent examples encountered by Newsreel.

1. A professor of government (no less) contended that making a digital file of 
Ethnic Notions from a DVD constituted a transformative use since it was no 
longer a DVD.

2. A professor of sociology argued that placing our entire, four hour series 
Unnatural Causes into a course management system constituted a transformative 
use since it was being used in the context of a course not television.  

3. A film student claimed that taking Bessie Smith's rendition of Strange 
Fruit from our film was a transformative use because he dropped it over 
different images - I suppose this would be based off as a mash-up. ASCAP won't 
agree.   

This demonstrates why, like Dennis, I would be happy to cede some gray areas of 
fair use in return for clearly defined restrictions endorsed, explained and 
enforced by universities. Even minimal reflection should reveal that If 
educational media can be used for free under fair use there will soon be no 
educational media. 

In the present atmosphere of impunity and entitlement, with schools like UCLA 
and American University going rogue, and copyright violators arrogating to 
themselves the tattered mantle of freedom fighters, the Fair Use Liberation 
Front seems headed for the same fate as the Symbionese Liberation Army and the 
Red Army Faction.

It is lamentable that contributors should so enthusiastically embrace 
extra-legal guerilla warfare rather than reasoned negotiation based on a mature 
recognition that other people might have legitimate interests too.

Larry Daressa 


Lawrence Daressa
California Newsreel
500 Third Street, #505
San Francisco, CA  94107
phone: 415.284.7800 x302
fax: 415.284.7801
l...@newsreel.org
www.newsreel.org 


-Original Message-
From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of 
videolib-requ...@lists.berkeley.edu
Sent: Tuesday, February 02, 2010 1:10 PM
To: videolib@lists.berkeley.edu
Subject: videolib Digest, Vol 27, Issue 4

Send videolib mailing list submissions to
videolib@lists.berkeley.edu

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Today's Topics:

   1. Re: Fair Use Liberation Army (Dennis Doros)
   2. Re: Fair Use Liberation Army (Susan Albrecht)
   3. Life on Earth copyright/duplication (Elizabeth Barksdale)


--

Message: 1
Date: Tue, 2 Feb 2010 11:31:05 -0500
From: Dennis Doros milefi...@gmail.com
Subject: Re: [Videolib] Fair Use Liberation Army
To: videolib@lists.berkeley.edu
Message-ID:
2ad8b9eb1002020831x5801760cxd8738e149d3f2...@mail.gmail.com
Content-Type: text/plain; charset=iso-8859-1

Michael,

You see Fair Use as the savior against greedy merchants. I see it as the
excuse people use to steal rights. We're both wrong.

I'm not saying we should eliminate it, just make it part of the copyright
law and for my own sanity, call it something else.

Fair Use is so vague that EVERYONE uses it and very few use it correctly.
Last week, we found a college film society showing KILLER OF SHEEP, open to
the public, publicized on their website and to the press, and charging $4.00
admission. Since it was in a classroom, after much discussion pointing out
they didn't have the rights, the professor and the assistant claimed it as
fair use. It took six hours of my time to straighten this out and in the
end, they cancelled the film the day of the screening, called us pimps
(essentially) and all sides were hurt.

If the copyright law included fair use and defined it *exactly* (as I said,
I don't even care if they say up to 50% of a film can be used and films and
music are usable in other creations -- as long as there's
*specific*limits), then we wouldn't have all these misunderstandings
and would save
this listserv hundreds if not thousands

Re: [Videolib] videolib Digest, Vol 26, Issue 71

2010-02-01 Thread Lawrence Daressa
Dear Gary,

I wholeheartedly agree with you that we should do everything possible to 
resolve these issues without further acrimony and adversarial posturing. You 
are correct that the present volatile situation could easily escalate into a 
situation where some universities would not buy from some distributors and some 
distributors would not sell to some universities. As an AIME member, I would 
encourage that body to enter into informal discussions with any representative 
group of video librarians to attempt to draw up a code of best practices for 
the use of copyrighted digital media.

That said, I think it has to be admitted that UCLA unilaterally adopted a 
policy which could generously be described as a creative application of 
copyright law and refused, when challenged, to reconsider its action - until 
this week. I noted that the professors interviewed for the article also seemed 
to argue that copyright protection should be exempted whenever it provided an 
impediment to an educational purpose, the chief such impediment, of course, 
being economic. I wonder if these same scholars consider their salaries an 
impediment to an educational purpose? After all, if we exempted universities 
from labor laws, they could afford to hire more faculty and educate more 
students? This is, of course, a reductio ad absurdum but it illustrates how 
even deconstructionists can privilege their our discourse. Copyright holders 
need to be paid as much as educators as one of the unavoidable costs of 
education. 

Several months ago, I asked this list-serve's opinion of a Code of Best 
Practices in Fair Use for OpenCourseWare prepared by the Center for Social 
Media at American University. I felt that the Code could be read as propounding 
a radical extension of the fair use doctrine by permitting the use of 
copyrighted material, in whole or in part, whenever it served an appropriate 
educational purpose, defined as illustration,  explanation or criticism, 
not simply of the work but of its subject matter. I pointed out that much 
educational media was produced precisely to serve those ends.

I then wrote to the Center for Social Media expressing my uncertainties and 
asking them to specify a single instance when an appropriate educational use 
would not constitute a fair use. They responded that:

1. The Code's drafting committee had not consulted copyright holders, 
publishers, their attorneys or librarians because these groups were consistent 
defenders of copyright (duh!)

2. They refused to give an example of when an educational use was not a fair 
use because that would impinge upon the discretion of individual instructors 
(what is a code if it does not impinge upon discretion: a license for larceny?)

3. The Code had been deliberately drafted to provide legal justification 
(cover?) for fair use applications outside currently accepted practice (this is 
the Code's preamble.)

I also shared the Code and my reservations with Arnold Lutzker, the attorney 
for AIME in the UCLA case. Acting informally, outside his capacity as AIME's 
attorney and , he was generous enough to review for me his current 
understanding of the four criteria governing fair use. These excluded many uses 
which would be permitted under my interpretation of the Code. Therefore I 
conclude that reliance on the Code in its present form, without  additional 
clarification, might render an institution vulnerable to an unpleasant and 
wholly avoidable fair use challenge.

I think the UCLA case and the OpenSourceWare Code illustrate why it is 
important, as Gary argues, that media librarians and users and media producers 
and distributors have a structured forum to discuss their respective opinions 
concerning the use of  digital media in higher education and perhaps develop 
some generally, if not universally, accepted principles for its practice.  The 
method for accomplishing this, I refer to the wisdom of this list. 

Best Wishes,
Larry Daressa
   
Lawrence Daressa
California Newsreel
500 Third Street, #505
San Francisco, CA  94107
phone: 415.284.7800 x302
fax: 415.284.7801
l...@newsreel.org
www.newsreel.org 


-Original Message-
From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of 
videolib-requ...@lists.berkeley.edu
Sent: Tuesday, January 26, 2010 12:23 PM
To: videolib@lists.berkeley.edu
Subject: videolib Digest, Vol 26, Issue 71

Send videolib mailing list submissions to
videolib@lists.berkeley.edu

To subscribe or unsubscribe via the World Wide Web, visit

https://calmail.berkeley.edu/manage/list/listinfo/videolib@lists.berkeley.edu

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When replying, please edit your Subject line so it is more specific
than Re: Contents of videolib digest...


Today's Topics:

   1. [Fwd