Re: [Videolib] Captioning - Is permission required from distributor?

2011-10-13 Thread Bergman, Barbara J
Thanks all.  Disability Services is swamped enough that I didn't want them 
spending time on this if it wasn't necessary.

(Don't get me started on the fun  games was to whether captioning is actually 
viewable in each classroom via a projector...)

Barb Bergman | Media Services  Interlibrary Loan Librarian | Minnesota State 
University, Mankato | (507) 389-5945 | 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.


Re: [Videolib] Captioning - Is permission required from distributor?

2011-10-12 Thread ghandman
I believe that, technically, permission must be sought...  Don't think the
ADA makes provisions for doing this without such.

Check out:   (legal opinion, State of California)

Option 2
Obtain Permission to Caption Audiovisual Materials
If a closed-captioned version of the needed video is unavailable from the
publisher, the next best option is to request permission from the
copyright owner to caption the video. It is important that you obtain
written permission to caption the video. You should not interpret a lack
of response from the copyright holder as permission to caption.



Gary Handman

 I just saw a memo for our system counsel that struck me as wrong, but need
 some backing evidence.

 It is telling the Office of Disability Services to ask permission from
 distributors before creating an open captioned version of films.
 My understanding is that this is allowed under ADA and that no permission
 is needed.  Right?
 (Contacting the distributor to find out if there is perhaps a captioned
 version available, yes. Permission, no.)

 Captioning is only being added to videos where there is a hearing-impaired
 student enrolled in the class. (And only on legally acquired -i.e.
 purchased-videos.)

 Barb Bergman | Media Services  Interlibrary Loan Librarian | Minnesota
 State University, Mankato | (507) 389-5945 | 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.



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.


Re: [Videolib] Captioning - Is permission required from distributor?

2011-10-12 Thread Ball, James (jmb4aw)
This basically involves making a copy, right?

Matt

__ 
Matt Ball
Media Services Librarian
University of Virginia
mattb...@virginia.edu
434-924-3812


-Original Message-
From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of 
ghand...@library.berkeley.edu
Sent: Wednesday, October 12, 2011 11:23 AM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Captioning - Is permission required from distributor?

I believe that, technically, permission must be sought...  Don't think the ADA 
makes provisions for doing this without such.

Check out:   (legal opinion, State of California)

Option 2
Obtain Permission to Caption Audiovisual Materials If a closed-captioned 
version of the needed video is unavailable from the publisher, the next best 
option is to request permission from the copyright owner to caption the video. 
It is important that you obtain written permission to caption the video. You 
should not interpret a lack of response from the copyright holder as permission 
to caption.



Gary Handman

 I just saw a memo for our system counsel that struck me as wrong, but 
 need some backing evidence.

 It is telling the Office of Disability Services to ask permission from 
 distributors before creating an open captioned version of films.
 My understanding is that this is allowed under ADA and that no 
 permission is needed.  Right?
 (Contacting the distributor to find out if there is perhaps a 
 captioned version available, yes. Permission, no.)

 Captioning is only being added to videos where there is a 
 hearing-impaired student enrolled in the class. (And only on legally acquired 
 -i.e.
 purchased-videos.)

 Barb Bergman | Media Services  Interlibrary Loan Librarian | 
 Minnesota State University, Mankato | (507) 389-5945 | 
 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.



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] Captioning - Is permission required from distributor?

2011-10-12 Thread Chris Lewis
Gallaudet U which is in the Washington Research Library Consortium
with AU was given a special exception by Congress to caption films
without permission. However because of that they are barred from
loaning those videos to anyone but their students.

Though costly I'd think the one-time spontaneous use language in the
Fair Use guidelines would seem to cover it assuming this was needed
for a single user in a single class. Our Disability Services office
has done that and then destroyed the captioned video after that
semester. Expensive yes but probably cheaper than the cost of hunting
down a copyright holder for a one-time use.



On Wed, Oct 12, 2011 at 11:23 AM,  ghand...@library.berkeley.edu wrote:
 I believe that, technically, permission must be sought...  Don't think the
 ADA makes provisions for doing this without such.

 Check out:   (legal opinion, State of California)

 Option 2
 Obtain Permission to Caption Audiovisual Materials
 If a closed-captioned version of the needed video is unavailable from the
 publisher, the next best option is to request permission from the
 copyright owner to caption the video. It is important that you obtain
 written permission to caption the video. You should not interpret a lack
 of response from the copyright holder as permission to caption.



 Gary Handman

 I just saw a memo for our system counsel that struck me as wrong, but need
 some backing evidence.

 It is telling the Office of Disability Services to ask permission from
 distributors before creating an open captioned version of films.
 My understanding is that this is allowed under ADA and that no permission
 is needed.  Right?
 (Contacting the distributor to find out if there is perhaps a captioned
 version available, yes. Permission, no.)

 Captioning is only being added to videos where there is a hearing-impaired
 student enrolled in the class. (And only on legally acquired -i.e.
 purchased-videos.)

 Barb Bergman | Media Services  Interlibrary Loan Librarian | Minnesota
 State University, Mankato | (507) 389-5945 | 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.



 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.




-- 
Chris Lewis
Media Librarian
American University Library
202.885.3257

For latest Media Services News:
Blog: http://aulibmedia.blogspot.com
Facebook: 
http://www.facebook.com/pages/American-University-Library-Media-Services/132559226823103
Twitter: http://twitter.com/aulibmedia

Please think twice before printing this e-mail.

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] Captioning - Is permission required from distributor?

2011-10-12 Thread Jessica Rosner
Maybe I am naive but I would think most films being used in classes
are not that hard to track down rights holders.

Do many of them say no?  I remember getting the forms back in the day.
My only problem is that while I had no problem allowing the CC , did
not have any transcript that could be used.

On Wed, Oct 12, 2011 at 12:25 PM, Chris Lewis cle...@american.edu wrote:
 Gallaudet U which is in the Washington Research Library Consortium
 with AU was given a special exception by Congress to caption films
 without permission. However because of that they are barred from
 loaning those videos to anyone but their students.

 Though costly I'd think the one-time spontaneous use language in the
 Fair Use guidelines would seem to cover it assuming this was needed
 for a single user in a single class. Our Disability Services office
 has done that and then destroyed the captioned video after that
 semester. Expensive yes but probably cheaper than the cost of hunting
 down a copyright holder for a one-time use.



 On Wed, Oct 12, 2011 at 11:23 AM,  ghand...@library.berkeley.edu wrote:
 I believe that, technically, permission must be sought...  Don't think the
 ADA makes provisions for doing this without such.

 Check out:   (legal opinion, State of California)

 Option 2
 Obtain Permission to Caption Audiovisual Materials
 If a closed-captioned version of the needed video is unavailable from the
 publisher, the next best option is to request permission from the
 copyright owner to caption the video. It is important that you obtain
 written permission to caption the video. You should not interpret a lack
 of response from the copyright holder as permission to caption.



 Gary Handman

 I just saw a memo for our system counsel that struck me as wrong, but need
 some backing evidence.

 It is telling the Office of Disability Services to ask permission from
 distributors before creating an open captioned version of films.
 My understanding is that this is allowed under ADA and that no permission
 is needed.  Right?
 (Contacting the distributor to find out if there is perhaps a captioned
 version available, yes. Permission, no.)

 Captioning is only being added to videos where there is a hearing-impaired
 student enrolled in the class. (And only on legally acquired -i.e.
 purchased-videos.)

 Barb Bergman | Media Services  Interlibrary Loan Librarian | Minnesota
 State University, Mankato | (507) 389-5945 | 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.



 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.




 --
 Chris Lewis
 Media Librarian
 American University Library
 202.885.3257

 For latest Media Services News:
 Blog: http://aulibmedia.blogspot.com
 Facebook: 
 http://www.facebook.com/pages/American-University-Library-Media-Services/132559226823103
 Twitter: http://twitter.com/aulibmedia

 Please think twice before printing this e-mail.

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




-- 
Jessica Rosner
Media Consultant
224-545-3897 (cell)
212-627-1785 (land line)
jessicapros...@gmail.com

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

Re: [Videolib] Captioning - Is permission required from distributor?

2011-10-12 Thread Elizabeth Stanley

Gary, Barb, et al,

Several colleges and universities have contacted Bullfrog Films for permission 
to caption a video when there is no closed-captioned version available.
We often provide a transcript of the program to assist in this process.  Now 
most new DVD titles from Bullfrog Films have SDH captions: subtitled for the 
deaf
and hearing impaired.  Please contact us for further details.

Elizabeth
Bullfrog Films 

-Original Message-
From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of 
ghand...@library.berkeley.edu
Sent: Wednesday, October 12, 2011 11:23 AM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Captioning - Is permission required from distributor?

I believe that, technically, permission must be sought...  Don't think the ADA 
makes provisions for doing this without such.

Check out:   (legal opinion, State of California)

Option 2
Obtain Permission to Caption Audiovisual Materials If a closed-captioned 
version of the needed video is unavailable from the publisher, the next best 
option is to request permission from the copyright owner to caption the video. 
It is important that you obtain written permission to caption the video. You 
should not interpret a lack of response from the copyright holder as permission 
to caption.



Gary Handman

 I just saw a memo for our system counsel that struck me as wrong, but 
 need some backing evidence.

 It is telling the Office of Disability Services to ask permission from 
 distributors before creating an open captioned version of films.
 My understanding is that this is allowed under ADA and that no 
 permission is needed.  Right?
 (Contacting the distributor to find out if there is perhaps a 
 captioned version available, yes. Permission, no.)

 Captioning is only being added to videos where there is a 
 hearing-impaired student enrolled in the class. (And only on legally acquired 
 -i.e.
 purchased-videos.)

 Barb Bergman | Media Services  Interlibrary Loan Librarian | 
 Minnesota State University, Mankato | (507) 389-5945 | 
 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.



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] Captioning - Is permission required from distributor?

2011-10-12 Thread Dina Robinson
I personally receive requests from time to time asking for an okay to
caption a film that isn't already captioned (especially within
California), and I always approve them.  I usually get a fax or an
e-mail asking me to sign and return the permission form.. 

 

Dina Robinson
California Newsreel
500 Third Street, #505
San Francisco, CA 94107
Phone: 415.284.7800 x301
Fax: 415.284.7801
d...@newsreel.org blocked::mailto:d...@newsreel.org 
http://www.newsreel.org http://www.newsreel.org/ 

California Newsreel is the oldest non-profit, social issue documentary
film distribution center in the country and a leading resource for the
advancement of racial and social justice. Visit our website at:
www.newsreel.org and sign up for our e-newsletter at:
http://www.newsreel.org/nav/emaillist.asp



From: videolib-boun...@lists.berkeley.edu
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Bergman,
Barbara J
Sent: Tuesday, October 11, 2011 7:24 PM
To: 'videolib@lists.berkeley.edu'
Subject: [Videolib] Captioning - Is permission required from
distributor?

 

I just saw a memo for our system counsel that struck me as wrong, but
need some backing evidence.

 

It is telling the Office of Disability Services to ask permission from
distributors before creating an open captioned version of films.

My understanding is that this is allowed under ADA and that no
permission is needed.  Right?

(Contacting the distributor to find out if there is perhaps a captioned
version available, yes. Permission, no.)

 

Captioning is only being added to videos where there is a
hearing-impaired student enrolled in the class. (And only on legally
acquired -i.e. purchased-videos.)

 

Barb Bergman | Media Services  Interlibrary Loan Librarian | Minnesota
State University, Mankato | (507) 389-5945 | 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.


Re: [Videolib] Captioning - Is permission required from distributor?

2011-10-12 Thread Alex Peterson
Yes, most distributors should be fine with that.

As another producer/distributor weighing in, we almost always give the okay if 
a college or university wants to create an open-captioned version for 
circulation within their school.  We also have transcripts to help.  

Kind of a no-brainer, I think.

Alex

Alexandra Peterson | Marketing Coordinator
Media Education Foundation
60 Masonic Street | Northampton, MA 01060
TEL: 413.584.8500 x2205 | FAX: 413.586.8398
 
Find MEF on Facebook, Twitter, and YouTube!


On Oct 12, 2011, at 12:59 PM, Elizabeth Stanley wrote:

 
 Gary, Barb, et al,
 
 Several colleges and universities have contacted Bullfrog Films for 
 permission to caption a video when there is no closed-captioned version 
 available.
 We often provide a transcript of the program to assist in this process.  Now 
 most new DVD titles from Bullfrog Films have SDH captions: subtitled for the 
 deaf
 and hearing impaired.  Please contact us for further details.
 
 Elizabeth
 Bullfrog Films 
 
 -Original Message-
 From: videolib-boun...@lists.berkeley.edu 
 [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of 
 ghand...@library.berkeley.edu
 Sent: Wednesday, October 12, 2011 11:23 AM
 To: videolib@lists.berkeley.edu
 Subject: Re: [Videolib] Captioning - Is permission required from distributor?
 
 I believe that, technically, permission must be sought...  Don't think the 
 ADA makes provisions for doing this without such.
 
 Check out:   (legal opinion, State of California)
 
 Option 2
 Obtain Permission to Caption Audiovisual Materials If a closed-captioned 
 version of the needed video is unavailable from the publisher, the next best 
 option is to request permission from the copyright owner to caption the 
 video. It is important that you obtain written permission to caption the 
 video. You should not interpret a lack of response from the copyright holder 
 as permission to caption.
 
 
 
 Gary Handman
 
 I just saw a memo for our system counsel that struck me as wrong, but 
 need some backing evidence.
 
 It is telling the Office of Disability Services to ask permission from 
 distributors before creating an open captioned version of films.
 My understanding is that this is allowed under ADA and that no 
 permission is needed.  Right?
 (Contacting the distributor to find out if there is perhaps a 
 captioned version available, yes. Permission, no.)
 
 Captioning is only being added to videos where there is a 
 hearing-impaired student enrolled in the class. (And only on legally 
 acquired -i.e.
 purchased-videos.)
 
 Barb Bergman | Media Services  Interlibrary Loan Librarian | 
 Minnesota State University, Mankato | (507) 389-5945 | 
 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.
 
 
 
 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.

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.