Re: [Videolib] music reserves
It is a fine line. Teaching has changed, so less is done in class than was before because the classroom, in a a sense has expanded beyond the walls. One would not read a book, or even an article in class, so that would not be covered, but listening to songs, or a score was something that was done in the past. I think the key thing is to use only those things that are central to the syllabus, not things that might be of use, but are not required of all students to accomplish the work in the course. Mb Sent from my iPad On Feb 8, 2011, at 9:35 PM, Jessica Rosner jessicapros...@gmail.commailto:jessicapros...@gmail.com wrote: I know ZERO about music copyright Michael,l but the thing I find odd is that as soon as I clicked on your link I saw this These sections and this tool do not cover the use of any content that would not normally be viewed in the classroom — e.g. the creation of coursepacks or electronic reserves. so why would something a professor asked for a course pack or e-reserve be OK to stream? It brings up the whole broader confusion with TEACH. It is not that hard to understand how it applies to distance education where there IS no actual classroom, but I think people are trying to apply it in exactly the same way to bricks and mortar schools with regular classes as essentially a free way for academics to make conveniently available to students material they did not have time to cover in a class is something else entirely. On Tue, Feb 8, 2011 at 10:15 PM, Brewer, Michael mailto:brew...@u.library.arizona.edubrew...@u.library.arizona.edumailto:brew...@u.library.arizona.edu wrote: While I am sure Jessica may object, I believe TEACH would cover the streaming of music files that would have otherwise been played in a class session. There is no requirement for using a reasonable and limited portion for non-dramatic musical works if they meet the other criteria. Take a look at http://librarycopyright.net/etool/ http://librarycopyright.net/etool/ mb On Feb 8, 2011, at 7:48 PM, Bergman, Barbara J wrote: Are any of you up on best practices for audio reserves? I received a question about the legalities of doing a coursepack or e-reserves of music. I don’t have the list of songs/artists yet, but I think it’s a history of pop music class. What resources should I take a look at for guidance? TIA, Barb Barb Bergman | Media Services Interlibrary Loan Librarian | Minnesota State University, Mankato | (507) 389-5945 | mailto:barbara.berg...@mnsu.edu barbara.berg...@mnsu.edumailto:barbara.berg...@mnsu.edumailto:mailto:barbara.berg...@mnsu.edubarbara.berg...@mnsu.edumailto:barbara.berg...@mnsu.edu VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors. VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors. -- Jessica Rosner Media Consultant 224-545-3897 (cell) 212-627-1785 (land line) mailto:jessicapros...@gmail.comjessicapros...@gmail.commailto:jessicapros...@gmail.com VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors. VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors.
Re: [Videolib] music reserves
That is too fine a line for me. Who tells an instructor that the entire Civil War series can't be streamed because he thinks students should have access to it for general background? TEACH is very clear that it is for the transmission of material that would in fact be used in physical class if there were one. Franky I can't understand how any bricks and mortar institution could use it for anything other than the SAME material used in the actual class. It is clearly not intented as any kind of supplement, access to additional material etc, it is intended to allow access to material that would be used in a regular class as the background from LOC and the law make very clear. Let's assume you have a class on the Vietnam War and the instructor asks you to stream HEARTS AND MINDS THE WAR AT HOME because he thinks it is important for his students to see them, but he does not have the class time to show them, do you believe this is OK? On Wed, Feb 9, 2011 at 9:40 AM, Brewer, Michael brew...@u.library.arizona.edu wrote: It is a fine line. Teaching has changed, so less is done in class than was before because the classroom, in a a sense has expanded beyond the walls. One would not read a book, or even an article in class, so that would not be covered, but listening to songs, or a score was something that was done in the past. I think the key thing is to use only those things that are central to the syllabus, not things that might be of use, but are not required of all students to accomplish the work in the course. Mb Sent from my iPad On Feb 8, 2011, at 9:35 PM, Jessica Rosner jessicapros...@gmail.com mailto:jessicapros...@gmail.com wrote: I know ZERO about music copyright Michael,l but the thing I find odd is that as soon as I clicked on your link I saw this These sections and this tool do not cover the use of any content that would not normally be viewed in the classroom — e.g. the creation of coursepacks or electronic reserves. so why would something a professor asked for a course pack or e-reserve be OK to stream? It brings up the whole broader confusion with TEACH. It is not that hard to understand how it applies to distance education where there IS no actual classroom, but I think people are trying to apply it in exactly the same way to bricks and mortar schools with regular classes as essentially a free way for academics to make conveniently available to students material they did not have time to cover in a class is something else entirely. On Tue, Feb 8, 2011 at 10:15 PM, Brewer, Michael mailto: brew...@u.library.arizona.edubrew...@u.library.arizona.edumailto: brew...@u.library.arizona.edu wrote: While I am sure Jessica may object, I believe TEACH would cover the streaming of music files that would have otherwise been played in a class session. There is no requirement for using a reasonable and limited portion for non-dramatic musical works if they meet the other criteria. Take a look at http://librarycopyright.net/etool/ http://librarycopyright.net/etool/ mb On Feb 8, 2011, at 7:48 PM, Bergman, Barbara J wrote: Are any of you up on best practices for audio reserves? I received a question about the legalities of doing a coursepack or e-reserves of music. I don’t have the list of songs/artists yet, but I think it’s a history of pop music class. What resources should I take a look at for guidance? TIA, Barb Barb Bergman | Media Services Interlibrary Loan Librarian | Minnesota State University, Mankato | (507) 389-5945 | mailto: barbara.berg...@mnsu.edu barbara.berg...@mnsu.edumailto: barbara.berg...@mnsu.edumailto:mailto:barbara.berg...@mnsu.edu barbara.berg...@mnsu.edumailto:barbara.berg...@mnsu.edu VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors. VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors. -- Jessica Rosner Media Consultant 224-545-3897 (cell) 212-627-1785 (land line) mailto:jessicapros...@gmail.comjessicapros...@gmail.commailto: jessicapros...@gmail.com VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic
Re: [Videolib] music reserves
Jessica, we were talking about music, which does not fall under the limited and reasonable rule under the teach act. Film does. If an institution is the one streaming, i think that they are responsible for at least educating the instructors as to what is an appropriate amount under the section they are using,whether that is teach, fair use, etc. Teach not only requires that the material would have been something displayed or performed in class, it also requires that for some materials only limited and reasonable portions are used and that the material is directly relevant to the course objectives. Sent from my iPad On Feb 9, 2011, at 8:24 AM, Jessica Rosner jessicapros...@gmail.commailto:jessicapros...@gmail.com wrote: That is too fine a line for me. Who tells an instructor that the entire Civil War series can't be streamed because he thinks students should have access to it for general background? TEACH is very clear that it is for the transmission of material that would in fact be used in physical class if there were one. Franky I can't understand how any bricks and mortar institution could use it for anything other than the SAME material used in the actual class. It is clearly not intented as any kind of supplement, access to additional material etc, it is intended to allow access to material that would be used in a regular class as the background from LOC and the law make very clear. Let's assume you have a class on the Vietnam War and the instructor asks you to stream HEARTS AND MINDS THE WAR AT HOME because he thinks it is important for his students to see them, but he does not have the class time to show them, do you believe this is OK? On Wed, Feb 9, 2011 at 9:40 AM, Brewer, Michael mailto:brew...@u.library.arizona.edubrew...@u.library.arizona.edumailto:brew...@u.library.arizona.edu wrote: It is a fine line. Teaching has changed, so less is done in class than was before because the classroom, in a a sense has expanded beyond the walls. One would not read a book, or even an article in class, so that would not be covered, but listening to songs, or a score was something that was done in the past. I think the key thing is to use only those things that are central to the syllabus, not things that might be of use, but are not required of all students to accomplish the work in the course. Mb Sent from my iPad On Feb 8, 2011, at 9:35 PM, Jessica Rosner mailto:jessicapros...@gmail.comjessicapros...@gmail.commailto:jessicapros...@gmail.commailto:mailto:jessicapros...@gmail.comjessicapros...@gmail.commailto:jessicapros...@gmail.com wrote: I know ZERO about music copyright Michael,l but the thing I find odd is that as soon as I clicked on your link I saw this These sections and this tool do not cover the use of any content that would not normally be viewed in the classroom — e.g. the creation of coursepacks or electronic reserves. so why would something a professor asked for a course pack or e-reserve be OK to stream? It brings up the whole broader confusion with TEACH. It is not that hard to understand how it applies to distance education where there IS no actual classroom, but I think people are trying to apply it in exactly the same way to bricks and mortar schools with regular classes as essentially a free way for academics to make conveniently available to students material they did not have time to cover in a class is something else entirely. On Tue, Feb 8, 2011 at 10:15 PM, Brewer, Michael mailto:mailto:brew...@u.library.arizona.edubrew...@u.library.arizona.edumailto:brew...@u.library.arizona.edumailto:brew...@u.library.arizona.edubrew...@u.library.arizona.edumailto:brew...@u.library.arizona.edumailto:mailto:brew...@u.library.arizona.edubrew...@u.library.arizona.edumailto:brew...@u.library.arizona.edu wrote: While I am sure Jessica may object, I believe TEACH would cover the streaming of music files that would have otherwise been played in a class session. There is no requirement for using a reasonable and limited portion for non-dramatic musical works if they meet the other criteria. Take a look at http://librarycopyright.net/etool/http://librarycopyright.net/etool/ http://librarycopyright.net/etool/ http://librarycopyright.net/etool/ mb On Feb 8, 2011, at 7:48 PM, Bergman, Barbara J wrote: Are any of you up on best practices for audio reserves? I received a question about the legalities of doing a coursepack or e-reserves of music. I don’t have the list of songs/artists yet, but I think it’s a history of pop music class. What resources should I take a look at for guidance? TIA, Barb Barb Bergman | Media Services Interlibrary Loan Librarian | Minnesota State University, Mankato | (507) 389-5945 | mailto:mailto:barbara.berg...@mnsu.edubarbara.berg...@mnsu.edumailto:barbara.berg...@mnsu.edu mailto:barbara.berg...@mnsu.edu
Re: [Videolib] music reserves
Like I said music is not my area, but issue of whether TEACH allows you to use ANYTHING you would not in fact be using in the course is the key question. It can't be used for some additional material you just did not have time to include at least not as I read both the act and LOC's explanation of how it came up with it. On Wed, Feb 9, 2011 at 10:45 AM, Brewer, Michael brew...@u.library.arizona.edu wrote: Jessica, we were talking about music, which does not fall under the limited and reasonable rule under the teach act. Film does. If an institution is the one streaming, i think that they are responsible for at least educating the instructors as to what is an appropriate amount under the section they are using,whether that is teach, fair use, etc. Teach not only requires that the material would have been something displayed or performed in class, it also requires that for some materials only limited and reasonable portions are used and that the material is directly relevant to the course objectives. Sent from my iPad On Feb 9, 2011, at 8:24 AM, Jessica Rosner jessicapros...@gmail.com mailto:jessicapros...@gmail.com wrote: That is too fine a line for me. Who tells an instructor that the entire Civil War series can't be streamed because he thinks students should have access to it for general background? TEACH is very clear that it is for the transmission of material that would in fact be used in physical class if there were one. Franky I can't understand how any bricks and mortar institution could use it for anything other than the SAME material used in the actual class. It is clearly not intented as any kind of supplement, access to additional material etc, it is intended to allow access to material that would be used in a regular class as the background from LOC and the law make very clear. Let's assume you have a class on the Vietnam War and the instructor asks you to stream HEARTS AND MINDS THE WAR AT HOME because he thinks it is important for his students to see them, but he does not have the class time to show them, do you believe this is OK? On Wed, Feb 9, 2011 at 9:40 AM, Brewer, Michael mailto: brew...@u.library.arizona.edubrew...@u.library.arizona.edumailto: brew...@u.library.arizona.edu wrote: It is a fine line. Teaching has changed, so less is done in class than was before because the classroom, in a a sense has expanded beyond the walls. One would not read a book, or even an article in class, so that would not be covered, but listening to songs, or a score was something that was done in the past. I think the key thing is to use only those things that are central to the syllabus, not things that might be of use, but are not required of all students to accomplish the work in the course. Mb Sent from my iPad On Feb 8, 2011, at 9:35 PM, Jessica Rosner mailto: jessicapros...@gmail.comjessicapros...@gmail.commailto: jessicapros...@gmail.commailto:mailto:jessicapros...@gmail.com jessicapros...@gmail.commailto:jessicapros...@gmail.com wrote: I know ZERO about music copyright Michael,l but the thing I find odd is that as soon as I clicked on your link I saw this These sections and this tool do not cover the use of any content that would not normally be viewed in the classroom — e.g. the creation of coursepacks or electronic reserves. so why would something a professor asked for a course pack or e-reserve be OK to stream? It brings up the whole broader confusion with TEACH. It is not that hard to understand how it applies to distance education where there IS no actual classroom, but I think people are trying to apply it in exactly the same way to bricks and mortar schools with regular classes as essentially a free way for academics to make conveniently available to students material they did not have time to cover in a class is something else entirely. On Tue, Feb 8, 2011 at 10:15 PM, Brewer, Michael mailto:mailto: brew...@u.library.arizona.edubrew...@u.library.arizona.edumailto: brew...@u.library.arizona.edumailto:brew...@u.library.arizona.edu brew...@u.library.arizona.edumailto:brew...@u.library.arizona.edu mailto:mailto:brew...@u.library.arizona.edu brew...@u.library.arizona.edumailto:brew...@u.library.arizona.edu wrote: While I am sure Jessica may object, I believe TEACH would cover the streaming of music files that would have otherwise been played in a class session. There is no requirement for using a reasonable and limited portion for non-dramatic musical works if they meet the other criteria. Take a look at http://librarycopyright.net/etool/ http://librarycopyright.net/etool/ http://librarycopyright.net/etool/ http://librarycopyright.net/etool/ mb On Feb 8, 2011, at 7:48 PM, Bergman, Barbara J wrote: Are any of you up on best practices for audio reserves? I received a question about the legalities of doing a coursepack or e-reserves of music. I don’t have the list of songs/artists yet, but I
Re: [Videolib] music reserves
No. There is no requirement for this to be used in an online only course. While the criteria are somewhat lengthy and not as concrete as they could be, that is not one of the requirements. Sent from my iPad On Feb 9, 2011, at 9:54 AM, Jessica Rosner jessicapros...@gmail.commailto:jessicapros...@gmail.com wrote: Ok just to clarify, you are streaming material that was either A. already used in a bricks and mortar class so that the students can watch it, hear it again. B in a standard distance ed course that the prof is in fact teaching on line. On Wed, Feb 9, 2011 at 11:39 AM, Brewer, Michael mailto:brew...@u.library.arizona.edubrew...@u.library.arizona.edumailto:brew...@u.library.arizona.edu wrote: You are absolutely right. Think this is just what i Originally said. that the material must be a required element of the course. Sent from my iPad On Feb 9, 2011, at 9:16 AM, Jessica Rosner mailto:jessicapros...@gmail.comjessicapros...@gmail.commailto:jessicapros...@gmail.commailto:mailto:jessicapros...@gmail.comjessicapros...@gmail.commailto:jessicapros...@gmail.com wrote: Like I said music is not my area, but issue of whether TEACH allows you to use ANYTHING you would not in fact be using in the course is the key question. It can't be used for some additional material you just did not have time to include at least not as I read both the act and LOC's explanation of how it came up with it. On Wed, Feb 9, 2011 at 10:45 AM, Brewer, Michael mailto:mailto:brew...@u.library.arizona.edubrew...@u.library.arizona.edumailto:brew...@u.library.arizona.edumailto:brew...@u.library.arizona.edubrew...@u.library.arizona.edumailto:brew...@u.library.arizona.edumailto:mailto:brew...@u.library.arizona.edubrew...@u.library.arizona.edumailto:brew...@u.library.arizona.edu wrote: Jessica, we were talking about music, which does not fall under the limited and reasonable rule under the teach act. Film does. If an institution is the one streaming, i think that they are responsible for at least educating the instructors as to what is an appropriate amount under the section they are using,whether that is teach, fair use, etc. Teach not only requires that the material would have been something displayed or performed in class, it also requires that for some materials only limited and reasonable portions are used and that the material is directly relevant to the course objectives. Sent from my iPad On Feb 9, 2011, at 8:24 AM, Jessica Rosner mailto:mailto:jessicapros...@gmail.comjessicapros...@gmail.commailto:jessicapros...@gmail.commailto:jessicapros...@gmail.comjessicapros...@gmail.commailto:jessicapros...@gmail.commailto:mailto:jessicapros...@gmail.comjessicapros...@gmail.commailto:jessicapros...@gmail.commailto:mailto:mailto:jessicapros...@gmail.comjessicapros...@gmail.commailto:jessicapros...@gmail.commailto:jessicapros...@gmail.comjessicapros...@gmail.commailto:jessicapros...@gmail.commailto:mailto:jessicapros...@gmail.comjessicapros...@gmail.commailto:jessicapros...@gmail.com wrote: That is too fine a line for me. Who tells an instructor that the entire Civil War series can't be streamed because he thinks students should have access to it for general background? TEACH is very clear that it is for the transmission of material that would in fact be used in physical class if there were one. Franky I can't understand how any bricks and mortar institution could use it for anything other than the SAME material used in the actual class. It is clearly not intented as any kind of supplement, access to additional material etc, it is intended to allow access to material that would be used in a regular class as the background from LOC and the law make very clear. Let's assume you have a class on the Vietnam War and the instructor asks you to stream HEARTS AND MINDS THE WAR AT HOME because he thinks it is important for his students to see them, but he does not have the class time to show them, do you believe this is OK? On Wed, Feb 9, 2011 at 9:40 AM, Brewer, Michael
Re: [Videolib] music reserves
Thanks folks. You confirmed my gut reaction. I suspected that the Music Library Assoc had a document. I normally don't work music classes, but I do know that they, like film studies, usually have the students listen in class and then re-listen to write their paper or take quiz based on the music. ~Barb 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] music reserves
Are any of you up on best practices for audio reserves? I received a question about the legalities of doing a coursepack or e-reserves of music. I don't have the list of songs/artists yet, but I think it's a history of pop music class. What resources should I take a look at for guidance? TIA, Barb Barb Bergman | Media Services Interlibrary Loan Librarian | Minnesota State University, Mankato | (507) 389-5945 | 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] music reserves
Hi Barbara, You can find the Music Library Association's Statement on the Digital Transmission of Audio Reserves @ http://copyright.musiclibraryassoc.org/Resources/DigitalReserves In short, MLA supports the creation and transmission of digital audio file copies of copyrighted recordings of musical works for course reserves purposes. They look to Section 107 of the copyright law [which] states that 'the fair use of a copyrighted work...[for] teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.' The Music Library Association takes the position that the making of digital copies of entire works, in order to provide digital delivery of course reserves, is a fair use under this statute and is analogous to established practices. - John _ John Vallier Univ. of Washington Libraries, Seattle http://www.lib.washington.edu/media VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors.
Re: [Videolib] music reserves
Hi Barb, Hong Kong copyright law is different than USA, but if one of my faculty members asked the question like this, I would answer this way: If you are talking about creating a mix-CD by copying *entire tracks*, or copying and posting entire tracks of music onto a server, it sounds like a copyright violation to me. To me it's like asking can I copy 2 chapters out of this book and 1 chapter out of that book, and post them on our intranet for home-work In our library, we will put a whole physical CD on Reserve and the students will have to find the right track by himself or herself. Also, I have found that the biggest problem for music reserves is for the professor to actually get the students to do the listening homework assignments. Frequent quizzes seem to help. - Victoria Caplan HKUST Library Hong Kong University of Science and Technology Are any of you up on best practices for audio reserves? I received a question about the legalities of doing a coursepack or e-reserves of music. I don't have the list of songs/artists yet, but I think it's a history of pop music class. What resources should I take a look at for guidance? TIA, Barb Barb Bergman | Media Services Interlibrary Loan Librarian | Minnesota State University, Mankato | (507) 389-5945 | barbara.berg...@mnsu.edu VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors. VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors.
