Re: [Videolib] New copyright rules re: DMCA exemptions are finallyannounced
It clearly states that in order to be entitled to break encryption the use MUST be for a SMALL portion used for criticism or comment which if nothing else totally negates any claim that one can stream an encrypted film ( and most DVDs have some kind of encryption) and justify it by "fair use". We don't actually disagree on this Gary , but it is important that people who have made that absurd claim see that it is now in black and white that you can NOT legally do that. On Mon, Jul 26, 2010 at 2:31 PM, wrote: > This ruling has NOTHING directly to do with the nature, interpretation, or > application of fair use. > > Gary > > > > Actually Gary I disagree. I think this rule reaffirms the terms of what > > "Fair Use" is considering you have a least one major institution and more > > than a few academics claiming it actually can cover an ENTIRE feature > > work. > > Here is the wording in the new rule (or whatever we call it) > > > > "in order to accomplish the incorporation of short portions of motion > > pictures into new works for the purpose of criticism or comment" > > > > Now I grant you "small portion" is still a bit vague but pretty clear it > > is > > NOT an entire work. > > > > On Mon, Jul 26, 2010 at 1:58 PM, wrote: > > > >> As you've commented, Linda, there are really TWO discreet issues at > >> hand: > >> > >> 1. Breaking of circumvention for the purpose of extracting > >> clips--covered > >> by the DMCA and now a lot more liberal than previously > >> > >> 2. Fair use--under which issues such as quantity, length, nature of > >> use, > >> etc. fall. > >> > >> The recent ruling concerns the former exclusively and has nothing to do > >> with the latter. > >> > >> Gary > >> > >> > >> > The new rules allow circumvention for the "incorporation of short > >> portions > >> > of motion pictures into new works for the purpose of criticism or > >> comment" > >> > in three instances: > >> > > >> > (i) Educational uses by college and university professors and by > >> college > >> > and university film and media studies students; [I assume this means a > >> > professor in any discipline, but if a student does it they must be in > >> > film/media studies programs, not history, languages, etc.] > >> > > >> > (ii) Documentary filmmaking; > >> > (iii) Noncommercial videos > >> > > >> > I interpret these last two exclusions to mean the DVDs can be > >> circumvented > >> > in order to obtain the excerpts for "criticism or comment," but > >> doesn't > >> > say this is part of Fair Use. In other words, the method of obtaining > >> the > >> > clip is now OK (circumvention), but it doesn't say that the content > >> > doesn't need to be licensed. What do others think? > >> > > >> > Linda Tadic > >> > Audiovisual Archive Network > >> > lta...@archivenetwork.org > >> > > >> > > >> > - Original Message - > >> > From: Jessica Rosner > >> > To: videolib@lists.berkeley.edu > >> > Sent: Monday, July 26, 2010 12:46 PM > >> > Subject: Re: [Videolib] New copyright rules re: DMCA exemptions are > >> > finallyannounced - and they are now exempt educational uses by all > >> > university professors and students > >> > > >> > > >> > 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 > >> > wrote: > >> > > >> > http://www.copyright.gov/1201/ > >> > > >> > -- > >> > Chris Lewis > >> > Media Librarian > >> > American University Library > >> > 202.885.3257 > >> > > >> > Please think twice before printing this e-mail. > >> > > >> > VIDEOLIB is intended to encourage the broad and lively discussion > >&
Re: [Videolib] New copyright rules re: DMCA exemptions are finallyannounced
No I read it that way too again provided it follows the standard short portion from a legal copy rule. Jessica On Mon, Jul 26, 2010 at 2:18 PM, John Streepy wrote: > Could it not be interpreted that a student in another discipline making a > video for a class project will also have this protection under the second > and third sections? Students could argue that a class project in history or > some other field of study creating a video is either a documentary film or a > noncommercial video, or am I just reading too much in. This is great news. > > regards > > jhs > > > John H. Streepy > Media Services Supervisor > Library-Media Circulation > James E. Brooks Library > Central Washington University > 400 East University Way > Ellensburg, WA 98926-7548 > > (509) 963-2861 > http://www.lib.cwu.edu/media > > "Hand to hand combat just goes with the territory. > All part of being a librarian" -- James Turner "Rex Libris" > > Transitus profusum est nocens! > > > > > >>> Linda Tadic 7/26/2010 10:52 AM >>> > > The new rules allow circumvention for the "incorporation of short portions > of motion pictures into new works for the purpose of criticism or comment" > in three instances: > > > > (i) Educational uses by college and university professors and by college > and university film and media studies students; [I assume this means a > professor in any discipline, but if a student does it they must be > in film/media studies programs, not history, languages, etc.] > > (ii) Documentary filmmaking; > (iii) Noncommercial videos > > I interpret these last two exclusions to mean the DVDs can be > circumvented in order to obtain the excerpts for "criticism or comment," > but doesn't say this is part of Fair Use. In other words, the method of > obtaining the clip is now OK (circumvention), but it doesn't say that the > content doesn't need to be licensed. What do others think? > > > > Linda Tadic > > Audiovisual Archive Network > > lta...@archivenetwork.org > > > > > > - Original Message - > > *From:* Jessica Rosner > > *To:* videolib@lists.berkeley.edu > > *Sent:* Monday, July 26, 2010 12:46 PM > > *Subject:* Re: [Videolib] New copyright rules re: DMCA exemptions are > finallyannounced - and they are now exempt educational uses by all > university professors and students > > > 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 > > > > wrote: > >> http://www.copyright.gov/1201/ >> >> -- >> Chris Lewis >> Media Librarian >> American University Library >> 202.885.3257 >> >> 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. >> > > > > 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 copyright rules re: DMCA exemptions are finallyannounced
I'll second that! Michael Brewer Team Leader for Instructional Services University of Arizona Libraries brew...@u.library.arizona.edu -Original Message- From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of ghand...@library.berkeley.edu Sent: Monday, July 26, 2010 11:31 AM To: videolib@lists.berkeley.edu Subject: Re: [Videolib] New copyright rules re: DMCA exemptions are finallyannounced This ruling has NOTHING directly to do with the nature, interpretation, or application of fair use. Gary > Actually Gary I disagree. I think this rule reaffirms the terms of what > "Fair Use" is considering you have a least one major institution and more > than a few academics claiming it actually can cover an ENTIRE feature > work. > Here is the wording in the new rule (or whatever we call it) > > "in order to accomplish the incorporation of short portions of motion > pictures into new works for the purpose of criticism or comment" > > Now I grant you "small portion" is still a bit vague but pretty clear it > is > NOT an entire work. > > On Mon, Jul 26, 2010 at 1:58 PM, wrote: > >> As you've commented, Linda, there are really TWO discreet issues at >> hand: >> >> 1. Breaking of circumvention for the purpose of extracting >> clips--covered >> by the DMCA and now a lot more liberal than previously >> >> 2. Fair use--under which issues such as quantity, length, nature of >> use, >> etc. fall. >> >> The recent ruling concerns the former exclusively and has nothing to do >> with the latter. >> >> Gary >> >> >> > The new rules allow circumvention for the "incorporation of short >> portions >> > of motion pictures into new works for the purpose of criticism or >> comment" >> > in three instances: >> > >> > (i) Educational uses by college and university professors and by >> college >> > and university film and media studies students; [I assume this means a >> > professor in any discipline, but if a student does it they must be in >> > film/media studies programs, not history, languages, etc.] >> > >> > (ii) Documentary filmmaking; >> > (iii) Noncommercial videos >> > >> > I interpret these last two exclusions to mean the DVDs can be >> circumvented >> > in order to obtain the excerpts for "criticism or comment," but >> doesn't >> > say this is part of Fair Use. In other words, the method of obtaining >> the >> > clip is now OK (circumvention), but it doesn't say that the content >> > doesn't need to be licensed. What do others think? >> > >> > Linda Tadic >> > Audiovisual Archive Network >> > lta...@archivenetwork.org >> > >> > >> > - Original Message - >> > From: Jessica Rosner >> > To: videolib@lists.berkeley.edu >> > Sent: Monday, July 26, 2010 12:46 PM >> > Subject: Re: [Videolib] New copyright rules re: DMCA exemptions are >> > finallyannounced - and they are now exempt educational uses by all >> > university professors and students >> > >> > >> > 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 >> > wrote: >> > >> > http://www.copyright.gov/1201/ >> > >> > -- >> > Chris Lewis >> > Media Librarian >> > American University Library >> > 202.885.3257 >> > >> > 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. >> > >> > >> > >> > >> > VIDEOLIB is intend
Re: [Videolib] New copyright rules re: DMCA exemptions are finallyannounced
Well, I think the one area in which we didn't gain as much ground as we would have liked is the application of exemptions to students. These revisions at least give a nod to student need to circumvent for academic uses, even though the exemption is limited to film studies students (really and truly stupid, give the strong arguments we all made for film/video being pan-disciplinary resources). gary > Could it not be interpreted that a student in another discipline making a > video for a class project will also have this protection under the second > and third sections? Students could argue that a class project in history > or some other field of study creating a video is either a documentary film > or a noncommercial video, or am I just reading too much in. This is great > news. > > regards > jhs > > > John H. Streepy > Media Services Supervisor > Library-Media Circulation > James E. Brooks Library > Central Washington University > 400 East University Way > Ellensburg, WA 98926-7548 > > (509) 963-2861 > http://www.lib.cwu.edu/media > > "Hand to hand combat just goes with the territory. > All part of being a librarian" -- James Turner "Rex Libris" > > Transitus profusum est nocens! > > > > >>>> Linda Tadic 7/26/2010 10:52 AM >>> > > The new rules allow circumvention for the "incorporation of short portions > of motion pictures into new works for the purpose of criticism or comment" > in three instances: > > > > (i) Educational uses by college and university professors and by college > and university film and media studies students; [I assume this means a > professor in any discipline, but if a student does it they must be in > film/media studies programs, not history, languages, etc.] > (ii) Documentary filmmaking; > (iii) Noncommercial videos > > I interpret these last two exclusions to mean the DVDs can be circumvented > in order to obtain the excerpts for "criticism or comment," but doesn't > say this is part of Fair Use. In other words, the method of obtaining the > clip is now OK (circumvention), but it doesn't say that the content > doesn't need to be licensed. What do others think? > > > > Linda Tadic > > Audiovisual Archive Network > > lta...@archivenetwork.org > > > > > > - Original Message - > > > From: Jessica Rosner ( mailto:maddux2...@gmail.com ) > > To: videolib@lists.berkeley.edu > > Sent: Monday, July 26, 2010 12:46 PM > > Subject: Re: [Videolib] New copyright rules re: DMCA exemptions are > finallyannounced - and they are now exempt educational uses by all > university professors and students > > > > 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 > > > wrote: > > > http://www.copyright.gov/1201/ > > -- > Chris Lewis > Media Librarian > American University Library > 202.885.3257 > > 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. > > > > > 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] New copyright rules re: DMCA exemptions are finallyannounced
This ruling has NOTHING directly to do with the nature, interpretation, or application of fair use. Gary > Actually Gary I disagree. I think this rule reaffirms the terms of what > "Fair Use" is considering you have a least one major institution and more > than a few academics claiming it actually can cover an ENTIRE feature > work. > Here is the wording in the new rule (or whatever we call it) > > "in order to accomplish the incorporation of short portions of motion > pictures into new works for the purpose of criticism or comment" > > Now I grant you "small portion" is still a bit vague but pretty clear it > is > NOT an entire work. > > On Mon, Jul 26, 2010 at 1:58 PM, wrote: > >> As you've commented, Linda, there are really TWO discreet issues at >> hand: >> >> 1. Breaking of circumvention for the purpose of extracting >> clips--covered >> by the DMCA and now a lot more liberal than previously >> >> 2. Fair use--under which issues such as quantity, length, nature of >> use, >> etc. fall. >> >> The recent ruling concerns the former exclusively and has nothing to do >> with the latter. >> >> Gary >> >> >> > The new rules allow circumvention for the "incorporation of short >> portions >> > of motion pictures into new works for the purpose of criticism or >> comment" >> > in three instances: >> > >> > (i) Educational uses by college and university professors and by >> college >> > and university film and media studies students; [I assume this means a >> > professor in any discipline, but if a student does it they must be in >> > film/media studies programs, not history, languages, etc.] >> > >> > (ii) Documentary filmmaking; >> > (iii) Noncommercial videos >> > >> > I interpret these last two exclusions to mean the DVDs can be >> circumvented >> > in order to obtain the excerpts for "criticism or comment," but >> doesn't >> > say this is part of Fair Use. In other words, the method of obtaining >> the >> > clip is now OK (circumvention), but it doesn't say that the content >> > doesn't need to be licensed. What do others think? >> > >> > Linda Tadic >> > Audiovisual Archive Network >> > lta...@archivenetwork.org >> > >> > >> > - Original Message - >> > From: Jessica Rosner >> > To: videolib@lists.berkeley.edu >> > Sent: Monday, July 26, 2010 12:46 PM >> > Subject: Re: [Videolib] New copyright rules re: DMCA exemptions are >> > finallyannounced - and they are now exempt educational uses by all >> > university professors and students >> > >> > >> > 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 >> > wrote: >> > >> > http://www.copyright.gov/1201/ >> > >> > -- >> > Chris Lewis >> > Media Librarian >> > American University Library >> > 202.885.3257 >> > >> > 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. >> > >> > >> > >> > >> > 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 >> > commun
Re: [Videolib] New copyright rules re: DMCA exemptions are finallyannounced
Could it not be interpreted that a student in another discipline making a video for a class project will also have this protection under the second and third sections? Students could argue that a class project in history or some other field of study creating a video is either a documentary film or a noncommercial video, or am I just reading too much in. This is great news. regards jhs John H. Streepy Media Services Supervisor Library-Media Circulation James E. Brooks Library Central Washington University 400 East University Way Ellensburg, WA 98926-7548 (509) 963-2861 http://www.lib.cwu.edu/media "Hand to hand combat just goes with the territory. All part of being a librarian" -- James Turner "Rex Libris" Transitus profusum est nocens! >>> Linda Tadic 7/26/2010 10:52 AM >>> The new rules allow circumvention for the "incorporation of short portions of motion pictures into new works for the purpose of criticism or comment" in three instances: (i) Educational uses by college and university professors and by college and university film and media studies students; [I assume this means a professor in any discipline, but if a student does it they must be in film/media studies programs, not history, languages, etc.] (ii) Documentary filmmaking; (iii) Noncommercial videos I interpret these last two exclusions to mean the DVDs can be circumvented in order to obtain the excerpts for "criticism or comment," but doesn't say this is part of Fair Use. In other words, the method of obtaining the clip is now OK (circumvention), but it doesn't say that the content doesn't need to be licensed. What do others think? Linda Tadic Audiovisual Archive Network lta...@archivenetwork.org - Original Message - From: Jessica Rosner ( mailto:maddux2...@gmail.com ) To: videolib@lists.berkeley.edu Sent: Monday, July 26, 2010 12:46 PM Subject: Re: [Videolib] New copyright rules re: DMCA exemptions are finallyannounced - and they are now exempt educational uses by all university professors and students 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 wrote: http://www.copyright.gov/1201/ -- Chris Lewis Media Librarian American University Library 202.885.3257 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. 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 copyright rules re: DMCA exemptions are finallyannounced
yeah...I think the implicit understanding is that the ability to circumvent for the purposes of exercising fair use rights to extract for certain purposes (such as teaching) is what this whole shebang is about in the first place. gary > I notice also that the restriction on the ownership of the DVDs in > question has gone away, which is marvelous. > > Doesn't the wording imply that the exception is for circumventing access > controls precisely in cases where fair use would normally apply? I.e., > "short clips" of the sort one could use from a VHS tape under fair use? > > Judy > > > > VIDEOLIB is intended to encourage the broad and lively discussion of > issues relating to the selection, evaluation, acquisition,bibliographic > control, preservation, and use of current and evolving video formats in > libraries and related institutions. It is hoped that the list will serve > as an effective working tool for video librarians, as well as a channel of > communication between libraries,educational institutions, and video > producers and distributors. > 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] New copyright rules re: DMCA exemptions are finallyannounced
Actually Gary I disagree. I think this rule reaffirms the terms of what "Fair Use" is considering you have a least one major institution and more than a few academics claiming it actually can cover an ENTIRE feature work. Here is the wording in the new rule (or whatever we call it) "in order to accomplish the incorporation of short portions of motion pictures into new works for the purpose of criticism or comment" Now I grant you "small portion" is still a bit vague but pretty clear it is NOT an entire work. On Mon, Jul 26, 2010 at 1:58 PM, wrote: > As you've commented, Linda, there are really TWO discreet issues at hand: > > 1. Breaking of circumvention for the purpose of extracting clips--covered > by the DMCA and now a lot more liberal than previously > > 2. Fair use--under which issues such as quantity, length, nature of use, > etc. fall. > > The recent ruling concerns the former exclusively and has nothing to do > with the latter. > > Gary > > > > The new rules allow circumvention for the "incorporation of short > portions > > of motion pictures into new works for the purpose of criticism or > comment" > > in three instances: > > > > (i) Educational uses by college and university professors and by > college > > and university film and media studies students; [I assume this means a > > professor in any discipline, but if a student does it they must be in > > film/media studies programs, not history, languages, etc.] > > > > (ii) Documentary filmmaking; > > (iii) Noncommercial videos > > > > I interpret these last two exclusions to mean the DVDs can be > circumvented > > in order to obtain the excerpts for "criticism or comment," but doesn't > > say this is part of Fair Use. In other words, the method of obtaining the > > clip is now OK (circumvention), but it doesn't say that the content > > doesn't need to be licensed. What do others think? > > > > Linda Tadic > > Audiovisual Archive Network > > lta...@archivenetwork.org > > > > > > - Original Message - > > From: Jessica Rosner > > To: videolib@lists.berkeley.edu > > Sent: Monday, July 26, 2010 12:46 PM > > Subject: Re: [Videolib] New copyright rules re: DMCA exemptions are > > finallyannounced - and they are now exempt educational uses by all > > university professors and students > > > > > > 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 > > wrote: > > > > http://www.copyright.gov/1201/ > > > > -- > > Chris Lewis > > Media Librarian > > American University Library > > 202.885.3257 > > > > 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. > > > > > > > > > > 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 e
Re: [Videolib] New copyright rules re: DMCA exemptions are finallyannounced
I notice also that the restriction on the ownership of the DVDs in question has gone away, which is marvelous. Doesn't the wording imply that the exception is for circumventing access controls precisely in cases where fair use would normally apply? I.e., "short clips" of the sort one could use from a VHS tape under fair use? Judy VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors.
Re: [Videolib] New copyright rules re: DMCA exemptions are finallyannounced
I think it is kind of obvious. If you needed to actually license the material then the rights holder would presumably have granted you permission to circumvent the DMCA or provided material directly. I believe the whole point of this was to allow "fair use" to apply because the DMCA made only the on exemption for it ( Film Studies classes) Honestly I think this a win, win. It allows clips to be used for educational (and some other uses) but makes it very clear it has to be a small portion for a transformative use. I know the studios fought it though I thought that was a very bad use of their time. Rights holders should be content because it merely allows real "fair use" to work for encrypted materials while again making it clear it is only for a small portion of a work. Jessica On Mon, Jul 26, 2010 at 1:52 PM, Linda Tadic wrote: > The new rules allow circumvention for the "incorporation of short > portions of motion pictures into new works for the purpose of criticism or > comment" in three instances: > > > (i) Educational uses by college and university professors and by college > and university film and media studies students; [I assume this means a > professor in any discipline, but if a student does it they must be > in film/media studies programs, not history, languages, etc.] > > (ii) Documentary filmmaking; > (iii) Noncommercial videos > > I interpret these last two exclusions to mean the DVDs can be circumvented > in order to obtain the excerpts for "criticism or comment," but doesn't > say this is part of Fair Use. In other words, the method of obtaining the > clip is now OK (circumvention), but it doesn't say that the content > doesn't need to be licensed. What do others think? > > Linda Tadic > Audiovisual Archive Network > lta...@archivenetwork.org > > > - Original Message - > > *From:* Jessica Rosner > *To:* videolib@lists.berkeley.edu > *Sent:* Monday, July 26, 2010 12:46 PM > *Subject:* Re: [Videolib] New copyright rules re: DMCA exemptions are > finallyannounced - and they are now exempt educational uses by all > university professors and students > > 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 wrote: > >> http://www.copyright.gov/1201/ >> >> -- >> Chris Lewis >> Media Librarian >> American University Library >> 202.885.3257 >> >> 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. >> > > > 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 copyright rules re: DMCA exemptions are finallyannounced
As you've commented, Linda, there are really TWO discreet issues at hand: 1. Breaking of circumvention for the purpose of extracting clips--covered by the DMCA and now a lot more liberal than previously 2. Fair use--under which issues such as quantity, length, nature of use, etc. fall. The recent ruling concerns the former exclusively and has nothing to do with the latter. Gary > The new rules allow circumvention for the "incorporation of short portions > of motion pictures into new works for the purpose of criticism or comment" > in three instances: > > (i) Educational uses by college and university professors and by college > and university film and media studies students; [I assume this means a > professor in any discipline, but if a student does it they must be in > film/media studies programs, not history, languages, etc.] > > (ii) Documentary filmmaking; > (iii) Noncommercial videos > > I interpret these last two exclusions to mean the DVDs can be circumvented > in order to obtain the excerpts for "criticism or comment," but doesn't > say this is part of Fair Use. In other words, the method of obtaining the > clip is now OK (circumvention), but it doesn't say that the content > doesn't need to be licensed. What do others think? > > Linda Tadic > Audiovisual Archive Network > lta...@archivenetwork.org > > > - Original Message - > From: Jessica Rosner > To: videolib@lists.berkeley.edu > Sent: Monday, July 26, 2010 12:46 PM > Subject: Re: [Videolib] New copyright rules re: DMCA exemptions are > finallyannounced - and they are now exempt educational uses by all > university professors and students > > > 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 > wrote: > > http://www.copyright.gov/1201/ > > -- > Chris Lewis > Media Librarian > American University Library > 202.885.3257 > > 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. > > > > > 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] New copyright rules re: DMCA exemptions are finallyannounced
The new rules allow circumvention for the "incorporation of short portions of motion pictures into new works for the purpose of criticism or comment" in three instances: (i) Educational uses by college and university professors and by college and university film and media studies students; [I assume this means a professor in any discipline, but if a student does it they must be in film/media studies programs, not history, languages, etc.] (ii) Documentary filmmaking; (iii) Noncommercial videos I interpret these last two exclusions to mean the DVDs can be circumvented in order to obtain the excerpts for "criticism or comment," but doesn't say this is part of Fair Use. In other words, the method of obtaining the clip is now OK (circumvention), but it doesn't say that the content doesn't need to be licensed. What do others think? Linda Tadic Audiovisual Archive Network lta...@archivenetwork.org - Original Message - From: Jessica Rosner To: videolib@lists.berkeley.edu Sent: Monday, July 26, 2010 12:46 PM Subject: Re: [Videolib] New copyright rules re: DMCA exemptions are finallyannounced - and they are now exempt educational uses by all university professors and students 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 wrote: http://www.copyright.gov/1201/ -- Chris Lewis Media Librarian American University Library 202.885.3257 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. 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.
