Re: [Videolib] New 1201 exemptions
Hi Michael, I’ve was holding off on responding to this thread until I’ve had a chance to peruse the new exemptions, but I’m not positive I’m going to get around to this before the weekend, so, briefly: the exemptions only apply to the DMCA’s prohibition on overriding technological copy protections. My reading is that while you no longer have to worry about the DMCA if you qualify for one of these exemptions, you do still need to make a separate fair use argument to justify your use of the copyrighted work being protected. If your use was found to not be fair, you would be guilty of copyright infringement; you would not, however, be guilty of violating the DMCA (because you were exempted from it). Andy From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Brewer, Michael M - (brewerm) Sent: Tuesday, October 27, 2015 3:19 PM To: videolib@lists.berkeley.edu Subject: Re: [Videolib] New 1201 exemptions I mostly agree with Jessica. However, I have questions about what 1201 allows and doesn’t allow in these cases. It seems to me that the 1201 exemptions and fair use (or other exceptions) are different things and are supposed to be considered separately. Couldn’t one potentially legally circumvent encryption, but still violate the law, depending on the actual “fairness” of the actual use.? If anyone out there knows the answer to this, I’d be interested in hearing it. For example, could I circumvent encryption for a particular use (a noncommercial documentary, my dissertation on film, etc.), but in using the “heart of a work” still be able to be sued for copyright infringement, or does my adherence to the 1201 rule keep me safe? mb Michael Brewer | Librarian | Head, Research & Learning | brew...@email.arizona.edu<mailto:brew...@email.arizona.edu> From: videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu> [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner Sent: Tuesday, October 27, 2015 12:03 PM To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu> Subject: Re: [Videolib] New 1201 exemptions My very quick take is that it expands both formats ( blu ray , streaming now included) and users who can break encryption use portions ( clips) of AV works. Not sure I see a big effect on university stuff as I don't really know if folks felt constrained about using clips in any class/stream though I guess profs will like blu ray option. The biggest change I see is only tangential to academic use but it seems to basically eliminate the need to ever license a clip for documentary or fiction av work. The important thing from my evil perspective of working with filmmakers and distributors is that they rejected the request for any exemptions allowing educational ( or any) user to go beyond using "limited portions" of works. I am sure others will find much more Jessica On Tue, Oct 27, 2015 at 1:08 PM, Randal Baier <rba...@emich.edu<mailto:rba...@emich.edu>> wrote: Does anyone have an accurate summary in normal speak that can still be precise without using legal language? == Randal Baier Eastern Michigan University Ypsilanti, Michigan 48197 (734) 487-2520<tel:%28734%29%20487-2520> rba...@emich.edu<mailto:rba...@emich.edu> tweets @rbaier – skypes @ randalbaier “... do not all strange sounds thrill us as human till we have learned to refer them to their proper source?” -Thoreau, mss., Journal 9: 1854-1855 From: "Sarah E. McCleskey" <sarah.e.mccles...@hofstra.edu<mailto:sarah.e.mccles...@hofstra.edu>> To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu> Sent: Tuesday, October 27, 2015 9:46:43 AM Subject: [Videolib] New 1201 exemptions https://s3.amazonaws.com/public-inspection.federalregister.gov/2015-27212.pdf VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors. VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors.
Re: [Videolib] New 1201 exemptions
Yes. That is my reading of it, too. Thanks Andy. It would be nice if they’d just allow for circumvention for uses that are fair or otherwise covered by copyright exceptions and leave it at that. mb Michael Brewer | Librarian | Head, Research & Learning | brew...@email.arizona.edu<mailto:brew...@email.arizona.edu> From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Andrew Horbal Sent: Wednesday, October 28, 2015 12:59 PM To: 'videolib@lists.berkeley.edu' <videolib@lists.berkeley.edu> Subject: Re: [Videolib] New 1201 exemptions Hi Michael, I’ve was holding off on responding to this thread until I’ve had a chance to peruse the new exemptions, but I’m not positive I’m going to get around to this before the weekend, so, briefly: the exemptions only apply to the DMCA’s prohibition on overriding technological copy protections. My reading is that while you no longer have to worry about the DMCA if you qualify for one of these exemptions, you do still need to make a separate fair use argument to justify your use of the copyrighted work being protected. If your use was found to not be fair, you would be guilty of copyright infringement; you would not, however, be guilty of violating the DMCA (because you were exempted from it). Andy From: videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu> [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Brewer, Michael M - (brewerm) Sent: Tuesday, October 27, 2015 3:19 PM To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu> Subject: Re: [Videolib] New 1201 exemptions I mostly agree with Jessica. However, I have questions about what 1201 allows and doesn’t allow in these cases. It seems to me that the 1201 exemptions and fair use (or other exceptions) are different things and are supposed to be considered separately. Couldn’t one potentially legally circumvent encryption, but still violate the law, depending on the actual “fairness” of the actual use.? If anyone out there knows the answer to this, I’d be interested in hearing it. For example, could I circumvent encryption for a particular use (a noncommercial documentary, my dissertation on film, etc.), but in using the “heart of a work” still be able to be sued for copyright infringement, or does my adherence to the 1201 rule keep me safe? mb Michael Brewer | Librarian | Head, Research & Learning | brew...@email.arizona.edu<mailto:brew...@email.arizona.edu> From: videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu> [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner Sent: Tuesday, October 27, 2015 12:03 PM To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu> Subject: Re: [Videolib] New 1201 exemptions My very quick take is that it expands both formats ( blu ray , streaming now included) and users who can break encryption use portions ( clips) of AV works. Not sure I see a big effect on university stuff as I don't really know if folks felt constrained about using clips in any class/stream though I guess profs will like blu ray option. The biggest change I see is only tangential to academic use but it seems to basically eliminate the need to ever license a clip for documentary or fiction av work. The important thing from my evil perspective of working with filmmakers and distributors is that they rejected the request for any exemptions allowing educational ( or any) user to go beyond using "limited portions" of works. I am sure others will find much more Jessica On Tue, Oct 27, 2015 at 1:08 PM, Randal Baier <rba...@emich.edu<mailto:rba...@emich.edu>> wrote: Does anyone have an accurate summary in normal speak that can still be precise without using legal language? == Randal Baier Eastern Michigan University Ypsilanti, Michigan 48197 (734) 487-2520<tel:%28734%29%20487-2520> rba...@emich.edu<mailto:rba...@emich.edu> tweets @rbaier – skypes @ randalbaier “... do not all strange sounds thrill us as human till we have learned to refer them to their proper source?” -Thoreau, mss., Journal 9: 1854-1855 From: "Sarah E. McCleskey" <sarah.e.mccles...@hofstra.edu<mailto:sarah.e.mccles...@hofstra.edu>> To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu> Sent: Tuesday, October 27, 2015 9:46:43 AM Subject: [Videolib] New 1201 exemptions https://s3.amazonaws.com/public-inspection.federalregister.gov/2015-27212.pdf VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well
Re: [Videolib] New 1201 exemptions
Does anyone have an accurate summary in normal speak that can still be precise without using legal language? == Randal Baier Eastern Michigan University Ypsilanti, Michigan 48197 (734) 487-2520 rba...@emich.edu tweets @rbaier – skypes @ randalbaier “... do not all strange sounds thrill us as human till we have learned to refer them to their proper source?” -Thoreau, mss., Journal 9: 1854-1855 - Original Message - From: "Sarah E. McCleskey" <sarah.e.mccles...@hofstra.edu> To: videolib@lists.berkeley.edu Sent: Tuesday, October 27, 2015 9:46:43 AM Subject: [Videolib] New 1201 exemptions https://s3.amazonaws.com/public-inspection.federalregister.gov/2015-27212.pdfVIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors.
Re: [Videolib] New 1201 exemptions
I don’t see anything yet. Brandon Butler is tweeting the basics https://twitter.com/bc_butler For Colleges/Universities, adds Blu-Ray as a format, some MOOC content included (subject to TEACH act limits and TPM) Sarah From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Randal Baier Sent: Tuesday, October 27, 2015 1:09 PM To: videolib@lists.berkeley.edu Subject: Re: [Videolib] New 1201 exemptions Does anyone have an accurate summary in normal speak that can still be precise without using legal language? == Randal Baier Eastern Michigan University Ypsilanti, Michigan 48197 (734) 487-2520 rba...@emich.edu<mailto:rba...@emich.edu> tweets @rbaier – skypes @ randalbaier “... do not all strange sounds thrill us as human till we have learned to refer them to their proper source?” -Thoreau, mss., Journal 9: 1854-1855 From: "Sarah E. McCleskey" <sarah.e.mccles...@hofstra.edu<mailto:sarah.e.mccles...@hofstra.edu>> To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu> Sent: Tuesday, October 27, 2015 9:46:43 AM Subject: [Videolib] New 1201 exemptions https://s3.amazonaws.com/public-inspection.federalregister.gov/2015-27212.pdf VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors.
Re: [Videolib] New 1201 exemptions
Michael, You have it right. I believe there have been some situations where it's not the use of the film that's been focused upon in cases, but the breaking of the encryption. (Like that garage opener case that I mentioned a few weeks ago.) But I'm assuming fair use is still a factor for both sides. What does this mean about previous classroom exemptions, however? I'm also assuming they are still in effect but this seems to be adding some non-traditional educational use like museums? Again, unless the copyright laws are directly changed, I doubt it. Yet, this is ambiguous and can be taken out of context. Best regards, Dennis Doros Milestone Film & Video PO Box 128 / Harrington Park, NJ 07640 Phone: 201-767-3117 / Fax: 201-767-3035 / Email: milefi...@gmail.com Visit our main website! www.milestonefilms.com Visit our new websites! www.mspresents.com, www.portraitofjason.com, www.shirleyclarkefilms.com, To see or download our 2014 Video Catalog, click here <https://cdn.shopify.com/s/files/1/0150/7896/files/2015MilestoneVideoCatalog.pdf?2223081985127089573> ! Support "Milestone Film" on Facebook <http://www.facebook.com/pages/Milestone-Film/22348485426> and Twitter <https://twitter.com/#!/MilestoneFilms>! On Tue, Oct 27, 2015 at 3:19 PM, Brewer, Michael M - (brewerm) < brew...@email.arizona.edu> wrote: > I mostly agree with Jessica. However, I have questions about what 1201 > allows and doesn’t allow in these cases. It seems to me that the 1201 > exemptions and fair use (or other exceptions) are different things and are > supposed to be considered separately. Couldn’t one potentially legally > circumvent encryption, but still violate the law, depending on the actual > “fairness” of the actual use.? If anyone out there knows the answer to > this, I’d be interested in hearing it. > > > > For example, could I circumvent encryption for a particular use (a > noncommercial documentary, my dissertation on film, etc.), but in using the > “heart of a work” still be able to be sued for copyright infringement, or > does my adherence to the 1201 rule keep me safe? > > > > mb > > > > Michael Brewer | Librarian | Head, Research & Learning | > brew...@email.arizona.edu > > > > *From:* videolib-boun...@lists.berkeley.edu [mailto: > videolib-boun...@lists.berkeley.edu] *On Behalf Of *Jessica Rosner > *Sent:* Tuesday, October 27, 2015 12:03 PM > *To:* videolib@lists.berkeley.edu > *Subject:* Re: [Videolib] New 1201 exemptions > > > > My very quick take is that it expands both formats ( blu ray , streaming > now included) and users who can break encryption use portions ( clips) of > AV works. Not sure I see a big effect on university stuff as I don't really > know if folks felt constrained about using clips in any class/stream though > I guess profs will like blu ray option. The biggest change I see is only > tangential to academic use but it seems to basically eliminate the need to > ever license a clip for documentary or fiction av work. > > The important thing from my evil perspective of working with filmmakers > and distributors is that they rejected the request for any exemptions > allowing educational ( or any) user to go beyond using "limited portions" > of works. > > I am sure others will find much more > > Jessica > > > > On Tue, Oct 27, 2015 at 1:08 PM, Randal Baier <rba...@emich.edu> wrote: > > Does anyone have an accurate summary in normal speak that can still be > precise without using legal language? > > > > == > Randal Baier > Eastern Michigan University > Ypsilanti, Michigan 48197 > (734) 487-2520 > rba...@emich.edu > tweets @rbaier – skypes @ randalbaier > “... do not all strange sounds thrill us as human > till we have learned to refer them to their proper > source?” -Thoreau, mss., Journal 9: 1854-1855 > > > -- > > *From: *"Sarah E. McCleskey" <sarah.e.mccles...@hofstra.edu> > *To: *videolib@lists.berkeley.edu > *Sent: *Tuesday, October 27, 2015 9:46:43 AM > *Subject: *[Videolib] New 1201 exemptions > > > > https://s3.amazonaws.com/public-inspection.federalregister.gov/2015-27212.pdf > > > VIDEOLIB is intended to encourage the broad and lively discussion of > issues relating to the selection, evaluation, acquisition,bibliographic > control, preservation, and use of current and evolving video formats in > libraries and related institutions. It is hoped that the list will serve as > an effective working tool for video librarians, as well as a channel of > communication between libraries,educational institutions, and video > producers and distributors. > > > > VIDEOLIB is intended to encourage the broad
Re: [Videolib] New 1201 exemptions
My very quick take is that it expands both formats ( blu ray , streaming now included) and users who can break encryption use portions ( clips) of AV works. Not sure I see a big effect on university stuff as I don't really know if folks felt constrained about using clips in any class/stream though I guess profs will like blu ray option. The biggest change I see is only tangential to academic use but it seems to basically eliminate the need to ever license a clip for documentary or fiction av work. The important thing from my evil perspective of working with filmmakers and distributors is that they rejected the request for any exemptions allowing educational ( or any) user to go beyond using "limited portions" of works. I am sure others will find much more Jessica On Tue, Oct 27, 2015 at 1:08 PM, Randal Baier <rba...@emich.edu> wrote: > Does anyone have an accurate summary in normal speak that can still be > precise without using legal language? > > > == > Randal Baier > Eastern Michigan University > Ypsilanti, Michigan 48197 > (734) 487-2520 > rba...@emich.edu > tweets @rbaier – skypes @ randalbaier > “... do not all strange sounds thrill us as human > till we have learned to refer them to their proper > source?” -Thoreau, mss., Journal 9: 1854-1855 > > > -- > *From: *"Sarah E. McCleskey" <sarah.e.mccles...@hofstra.edu> > *To: *videolib@lists.berkeley.edu > *Sent: *Tuesday, October 27, 2015 9:46:43 AM > *Subject: *[Videolib] New 1201 exemptions > > > > https://s3.amazonaws.com/public-inspection.federalregister.gov/2015-27212.pdf > > VIDEOLIB is intended to encourage the broad and lively discussion of > issues relating to the selection, evaluation, acquisition,bibliographic > control, preservation, and use of current and evolving video formats in > libraries and related institutions. It is hoped that the list will serve as > an effective working tool for video librarians, as well as a channel of > communication between libraries,educational institutions, and video > producers and distributors. > > VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors.
Re: [Videolib] New 1201 exemptions
I mostly agree with Jessica. However, I have questions about what 1201 allows and doesn’t allow in these cases. It seems to me that the 1201 exemptions and fair use (or other exceptions) are different things and are supposed to be considered separately. Couldn’t one potentially legally circumvent encryption, but still violate the law, depending on the actual “fairness” of the actual use.? If anyone out there knows the answer to this, I’d be interested in hearing it. For example, could I circumvent encryption for a particular use (a noncommercial documentary, my dissertation on film, etc.), but in using the “heart of a work” still be able to be sued for copyright infringement, or does my adherence to the 1201 rule keep me safe? mb Michael Brewer | Librarian | Head, Research & Learning | brew...@email.arizona.edu<mailto:brew...@email.arizona.edu> From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner Sent: Tuesday, October 27, 2015 12:03 PM To: videolib@lists.berkeley.edu Subject: Re: [Videolib] New 1201 exemptions My very quick take is that it expands both formats ( blu ray , streaming now included) and users who can break encryption use portions ( clips) of AV works. Not sure I see a big effect on university stuff as I don't really know if folks felt constrained about using clips in any class/stream though I guess profs will like blu ray option. The biggest change I see is only tangential to academic use but it seems to basically eliminate the need to ever license a clip for documentary or fiction av work. The important thing from my evil perspective of working with filmmakers and distributors is that they rejected the request for any exemptions allowing educational ( or any) user to go beyond using "limited portions" of works. I am sure others will find much more Jessica On Tue, Oct 27, 2015 at 1:08 PM, Randal Baier <rba...@emich.edu<mailto:rba...@emich.edu>> wrote: Does anyone have an accurate summary in normal speak that can still be precise without using legal language? == Randal Baier Eastern Michigan University Ypsilanti, Michigan 48197 (734) 487-2520<tel:%28734%29%20487-2520> rba...@emich.edu<mailto:rba...@emich.edu> tweets @rbaier – skypes @ randalbaier “... do not all strange sounds thrill us as human till we have learned to refer them to their proper source?” -Thoreau, mss., Journal 9: 1854-1855 From: "Sarah E. McCleskey" <sarah.e.mccles...@hofstra.edu<mailto:sarah.e.mccles...@hofstra.edu>> To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu> Sent: Tuesday, October 27, 2015 9:46:43 AM Subject: [Videolib] New 1201 exemptions https://s3.amazonaws.com/public-inspection.federalregister.gov/2015-27212.pdf VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors. 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] New 1201 exemptions
https://s3.amazonaws.com/public-inspection.federalregister.gov/2015-27212.pdf Sent from my iPhone 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.
