Re: [Videolib] Streaming within a password protected course management system
is not to disregard copyright law-- but to think about the stakeholders here, and the implications of copyright on libraries and educational institutions. Hannah On Wed, Dec 1, 2010 at 5:13 PM, Lawrence Daressa l...@newsreel.org wrote: This opinion letter from the Library Copyright Alliance is a legal brief in support of a practice which it acknowledges may result in litigation. In this respect, it is incomplete. It does not say how much lawyers will charge to pursue such litigation or what penalties might result if its opinion is not upheld. Are the LCA, ARL of CSM prepared to defend and hold harmless those who trust their adventurous interpretations?. This brief does, however, manage to raise in passing a key issue. Educational film distributors, by definition, distribute films whose explicit purpose is education. Indeed, today, their licensing agreements usually stipulate that their titles are intended primarily for use in mediated instruction. It is hard - at least for an educational distributor - to understand how the use of an entire educational film by an educational institution to educate its students would constitute a transformative use and hence a fair use. Also, it is difficult for us to see how such a fair use would not result in financial injury to an educational distributor since the primary market for educational films in presumably educators. There is a further point. If an educational institution has not claimed a fair use exemption in the past for its use of educational films in face-to-face instruction but purchased them as instructional materials like a book or blackboard, how can it now claim that its use is a fair use simply because it is used in a virtual classroom, eg. distance learning or course management software Bookending it with some discussion questions or assigned readings hardly counters this argument since educational films have always been used within a context of accompanying print materials. Copyright law is skeptical of such opportunistic conversion experiences. Larry Lawrence Daressa California Newsreel 500 Third Street, #505 San Francisco, CA 94107 phone: 415.284.7800 x302 fax: 415.284.7801 l...@newsreel.org www.newsreel.org -Original Message- From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of videolib-requ...@lists.berkeley.edu Sent: Wednesday, December 01, 2010 12:26 PM To: videolib@lists.berkeley.edu Subject: videolib Digest, Vol 37, Issue 3 Send videolib mailing list submissions to videolib@lists.berkeley.edu To subscribe or unsubscribe via the World Wide Web, visit https://calmail.berkeley.edu/manage/list/listinfo/video...@lists.berkele y.edu or, via email, send a message with subject or body 'help' to videolib-requ...@lists.berkeley.edu You can reach the person managing the list at videolib-ow...@lists.berkeley.edu When replying, please edit your Subject line so it is more specific than Re: Contents of videolib digest... Today's Topics: 1. Re: Streaming within a password protected course management system (ghand...@library.berkeley.edu) 2. Public Libraries and Streaming Video (Vicki Nesting) 3. Re: Streaming within a password protected course management system (Hannah Lee) -- Message: 1 Date: Wed, 1 Dec 2010 10:43:35 -0800 From: ghand...@library.berkeley.edu Subject: Re: [Videolib] Streaming within a password protected course management system To: videolib@lists.berkeley.edu Message-ID: 5a9325b852e4ee357a8483e130e0b90d.squir...@calmail.berkeley.edu Content-Type: text/plain;charset=utf-8 uh...well OK...This is part of ARL's response to the UCLA case. I think the jury is still definitely out, despite what ARL thinks. The thing that's frustrating about this pronouncement is the fact that it was shepherded thru without any participation whatsoever from media librarians--in other words, it was developed in a vacuum and may not reflect working or legal realities. gary handman Hello--the Library Copyright Alliance (which is affiliated with ALA, ACRL, and ARL) has issued a brief that goes over the issue of streaming an entire film in a remote non-classroom location. Here's the link to the eight page brief: http://www.librarycopyrightalliance.org/bm~doc/ibstreamingfilms_021810.p dfhttp://www.librarycopyrightalliance.org/bm%7Edoc/ibstreamingfilms_021 810.pdf In short, they state that the three provisions of the Copyright Act ... could permit streaming of this sort: Sections 107, 110(2), and 110(1). While all three provisions may apply, Section 107 fair use is perhaps the strongest justification. Hannah On Fri, Nov 12, 2010
Re: [Videolib] Streaming within a password protected course management system
) -- Message: 1 Date: Wed, 1 Dec 2010 10:43:35 -0800 From: mailto:ghand...@library.berkeley.edu ghand...@library.berkeley.edumailto:ghand...@library.berkeley.edu Subject: Re: [Videolib] Streaming within a password protected course management system To: mailto:videolib@lists.berkeley.edu videolib@lists.berkeley.edumailto:videolib@lists.berkeley.edu Message-ID: mailto:5a9325b852e4ee357a8483e130e0b90d.squir...@calmail.berkeley.edu5a9325b852e4ee357a8483e130e0b90d.squir...@calmail.berkeley.edumailto:5a9325b852e4ee357a8483e130e0b90d.squir...@calmail.berkeley.edu Content-Type: text/plain;charset=utf-8 uh...well OK...This is part of ARL's response to the UCLA case. I think the jury is still definitely out, despite what ARL thinks. The thing that's frustrating about this pronouncement is the fact that it was shepherded thru without any participation whatsoever from media librarians--in other words, it was developed in a vacuum and may not reflect working or legal realities. gary handman Hello--the Library Copyright Alliance (which is affiliated with ALA, ACRL, and ARL) has issued a brief that goes over the issue of streaming an entire film in a remote non-classroom location. Here's the link to the eight page brief: http://www.librarycopyrightalliance.org/bm~doc/ibstreamingfilms_021810.p http://www.librarycopyrightalliance.org/bm~doc/ibstreamingfilms_021810.p dfhttp://www.librarycopyrightalliance.org/bm%7Edoc/ibstreamingfilms_021http://www.librarycopyrightalliance.org/bm%7Edoc/ibstreamingfilms_021 810.pdf In short, they state that the three provisions of the Copyright Act ... could permit streaming of this sort: Sections 107, 110(2), and 110(1). While all three provisions may apply, Section 107 fair use is perhaps the strongest justification. Hannah On Fri, Nov 12, 2010 at 3:51 PM, Shoaf,Judith P mailto:jsh...@ufl.edujsh...@ufl.edumailto:jsh...@ufl.edu wrote: If the documentaries are designed to accompany the textbook, the publishers may be willing to give permission for the streaming version as an ancillary. If the documentaries are designed to accompany a textbook not used in the course, they can?t be used, I believe. If they are independent documentaries, they should be shown in class. Probably for distance ed they could be streamed if certain restrictions are observed (posted only for a short time, e.g.). The fact that some distributors of educational documentaries are offering streaming rights and streaming versions points towards an interpretation that these materials are for sale and cannot be turned into an electronic reserve. Am I right about this? Judy *From:* mailto:videolib-boun...@lists.berkeley.edu videolib-boun...@lists.berkeley.edumailto:videolib-boun...@lists.berkeley.edu [mailto: mailto:videolib-boun...@lists.berkeley.edu videolib-boun...@lists.berkeley.edumailto:videolib-boun...@lists.berkeley.edu] *On Behalf Of *Pat Mcgee *Sent:* Friday, November 12, 2010 1:40 PM *To:* mailto:videolib@lists.berkeley.edu videolib@lists.berkeley.edumailto:videolib@lists.berkeley.edu *Subject:* Re: [Videolib] Streaming within a password protected course management system Hi all, Let me clarify?the films streamed are documentaries produced for educational use?not feature films. The class, however, is not a distance education class but a face-to-face ?regular? college course, and we do have legally acquired hard copies of the titles on reserve for viewing in the library. Pat McGee Coordinator of Media Services Volpe Library and Media Center Tennessee Technological University Campus Box 5066 Cookeville, TN 38505 931-372-3544 *From:* mailto:videolib-boun...@lists.berkeley.edu videolib-boun...@lists.berkeley.edumailto:videolib-boun...@lists.berkeley.edu [mailto: mailto:videolib-boun...@lists.berkeley.edu videolib-boun...@lists.berkeley.edumailto:videolib-boun...@lists.berkeley.edu] *On Behalf Of *Dennis Doros *Sent:* Friday, November 12, 2010 11:11 AM *To:* mailto:videolib@lists.berkeley.edu videolib@lists.berkeley.edumailto:videolib@lists.berkeley.edu *Subject:* Re: [Videolib] Streaming within a password protected course management system Gary, to be fair, I did bring UCLA up in my first email and suggested this is all up in the air. And also to be fair, Pat would have to further elaborate on the films being streamed and how they're being used. By her use of the term movies, I'm assuming full-length entertainment features, but I may be absolutely wrong. As for UCLA's case, that is their point of view and is not a legally proven judgement. Hopefully, a judge will decide and legal precedent either way will be established. And my feelings when UCLA includes
Re: [Videolib] Streaming within a password protected course management system
Can someone explain to me the difference in the effect on the copyright holder between having an instructor show a film in class and time shifting the viewing of that film outside of class through streaming technology to the same students? Mb As an educator, I am on the side of the streaming video BUT I can see why there are objections. Class time is precious for any instructor. The Face-to-face viewing in class means that the film is important enough the instructor is willing to devote class time to it. It is pretty much essential viewing for the course--more important than lecture or discussion. Face-to-face imposes time limitations on the length of an individual showing--the length of a class period, or if it is a film course the length of a screening session (which has to be arranged or included in the class time so that all students can attend, and which at UF bumps film classes from 3 to 4 credits). Students may miss class or the screening, or need to view the film again to study it, so libraries need to have extra copies. Students in that situation might also use Netflix or even buy their own copy. Time-shifting viewing essentially turns the viewing into homework. The films no longer cut into precious face time with the class. The teacher's inclination then would be to assign more films, and to make other films available in this way for optional viewing, or for students working on particular projects. A film that one might just have shown a clip of in class becomes something one can stream in its entirety or in a much more substantial chunk. Also, no extra copies would be needed for students who do need to time-shift the viewing in some way. So--more use of films, but fewer copies of each film are purchased. Anyway, that's my take. It is not a huge loss, except compared to the pay-per-view model or streaming-license model that the industry is hoping for in the near future. Given how strapped many universities are, I think that it makes sense for them to draw a line, as Gary implies. Judy Shoaf 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] Streaming within a password protected course management system
Hello--the Library Copyright Alliance (which is affiliated with ALA, ACRL, and ARL) has issued a brief that goes over the issue of streaming an entire film in a remote non-classroom location. Here's the link to the eight page brief: http://www.librarycopyrightalliance.org/bm~doc/ibstreamingfilms_021810.pdfhttp://www.librarycopyrightalliance.org/bm%7Edoc/ibstreamingfilms_021810.pdf In short, they state that the three provisions of the Copyright Act ... could permit streaming of this sort: Sections 107, 110(2), and 110(1). While all three provisions may apply, Section 107 fair use is perhaps the strongest justification. Hannah On Fri, Nov 12, 2010 at 3:51 PM, Shoaf,Judith P jsh...@ufl.edu wrote: If the documentaries are designed to accompany the textbook, the publishers may be willing to give permission for the streaming version as an ancillary. If the documentaries are designed to accompany a textbook not used in the course, they can’t be used, I believe. If they are independent documentaries, they should be shown in class. Probably for distance ed they could be streamed if certain restrictions are observed (posted only for a short time, e.g.). The fact that some distributors of educational documentaries are offering streaming rights and streaming versions points towards an interpretation that these materials are for sale and cannot be turned into an electronic reserve. Am I right about this? Judy *From:* videolib-boun...@lists.berkeley.edu [mailto: videolib-boun...@lists.berkeley.edu] *On Behalf Of *Pat Mcgee *Sent:* Friday, November 12, 2010 1:40 PM *To:* videolib@lists.berkeley.edu *Subject:* Re: [Videolib] Streaming within a password protected course management system Hi all, Let me clarify—the films streamed are documentaries produced for educational use—not feature films. The class, however, is not a distance education class but a face-to-face ‘regular’ college course, and we do have legally acquired hard copies of the titles on reserve for viewing in the library. Pat McGee Coordinator of Media Services Volpe Library and Media Center Tennessee Technological University Campus Box 5066 Cookeville, TN 38505 931-372-3544 *From:* videolib-boun...@lists.berkeley.edu [mailto: videolib-boun...@lists.berkeley.edu] *On Behalf Of *Dennis Doros *Sent:* Friday, November 12, 2010 11:11 AM *To:* videolib@lists.berkeley.edu *Subject:* Re: [Videolib] Streaming within a password protected course management system Gary, to be fair, I did bring UCLA up in my first email and suggested this is all up in the air. And also to be fair, Pat would have to further elaborate on the films being streamed and how they're being used. By her use of the term movies, I'm assuming full-length entertainment features, but I may be absolutely wrong. As for UCLA's case, that is their point of view and is not a legally proven judgement. Hopefully, a judge will decide and legal precedent either way will be established. And my feelings when UCLA includes in this release, foreign-language films for linguistic and foreign-language courses as permissible is something I object to in several different ways. 1) It seems to be full-length films UCLA is talking about and they're not educational films per se. 2) They're obviously circumventing encryption. 3) They're implying that only foreign language films have a role in education and/or that they're not real entertainment for anybody outside the classroom. I know this is an absolute contradiction with my two first two objections, but I did find this objectionable in terms of how foreign films are seen by the public. And just to mention, this is primarily UCLA's IT department speaking. I do know other departments there at UCLA that find this stance highly objectionable but cannot comment publicly. Milestone has not taken legal sides on this case because I think it needs to be handled by further revisions in the Copyright laws and mediation will be the best way for distributors and educators to solve this mess. I'm also on the board of the Association of Moving Image Archivists and in that position, I have to represent the 1000+ members (including studios, archives, educators and librarians) that are on both sides of this fence. By I do know that the transference of formats without pay is going to hurt the business end of filmmaking, restoration and distribution and will adversely affect us all in the future if basic *and fair* compensations aren't able to be worked out. Already, the illegal bit torrent use by individuals has sharply reduced the number of titles being released in the US. Dennis On Fri, Nov 12, 2010 at 11:42 AM, ghand...@library.berkeley.edu wrote: Ding ding ding ding why this should not happen is currently being hotly contested: see the UCLA case: http://newsroom.ucla.edu/portal/ucla/campus-to-re-start-streaming-of-154601.aspx gary handman
Re: [Videolib] Streaming within a password protected course management system
uh...well OK...This is part of ARL's response to the UCLA case. I think the jury is still definitely out, despite what ARL thinks. The thing that's frustrating about this pronouncement is the fact that it was shepherded thru without any participation whatsoever from media librarians--in other words, it was developed in a vacuum and may not reflect working or legal realities. gary handman Hello--the Library Copyright Alliance (which is affiliated with ALA, ACRL, and ARL) has issued a brief that goes over the issue of streaming an entire film in a remote non-classroom location. Here's the link to the eight page brief: http://www.librarycopyrightalliance.org/bm~doc/ibstreamingfilms_021810.pdfhttp://www.librarycopyrightalliance.org/bm%7Edoc/ibstreamingfilms_021810.pdf In short, they state that the three provisions of the Copyright Act ... could permit streaming of this sort: Sections 107, 110(2), and 110(1). While all three provisions may apply, Section 107 fair use is perhaps the strongest justification. Hannah On Fri, Nov 12, 2010 at 3:51 PM, Shoaf,Judith P jsh...@ufl.edu wrote: If the documentaries are designed to accompany the textbook, the publishers may be willing to give permission for the streaming version as an ancillary. If the documentaries are designed to accompany a textbook not used in the course, they can’t be used, I believe. If they are independent documentaries, they should be shown in class. Probably for distance ed they could be streamed if certain restrictions are observed (posted only for a short time, e.g.). The fact that some distributors of educational documentaries are offering streaming rights and streaming versions points towards an interpretation that these materials are for sale and cannot be turned into an electronic reserve. Am I right about this? Judy *From:* videolib-boun...@lists.berkeley.edu [mailto: videolib-boun...@lists.berkeley.edu] *On Behalf Of *Pat Mcgee *Sent:* Friday, November 12, 2010 1:40 PM *To:* videolib@lists.berkeley.edu *Subject:* Re: [Videolib] Streaming within a password protected course management system Hi all, Let me clarify—the films streamed are documentaries produced for educational use—not feature films. The class, however, is not a distance education class but a face-to-face ‘regular’ college course, and we do have legally acquired hard copies of the titles on reserve for viewing in the library. Pat McGee Coordinator of Media Services Volpe Library and Media Center Tennessee Technological University Campus Box 5066 Cookeville, TN 38505 931-372-3544 *From:* videolib-boun...@lists.berkeley.edu [mailto: videolib-boun...@lists.berkeley.edu] *On Behalf Of *Dennis Doros *Sent:* Friday, November 12, 2010 11:11 AM *To:* videolib@lists.berkeley.edu *Subject:* Re: [Videolib] Streaming within a password protected course management system Gary, to be fair, I did bring UCLA up in my first email and suggested this is all up in the air. And also to be fair, Pat would have to further elaborate on the films being streamed and how they're being used. By her use of the term movies, I'm assuming full-length entertainment features, but I may be absolutely wrong. As for UCLA's case, that is their point of view and is not a legally proven judgement. Hopefully, a judge will decide and legal precedent either way will be established. And my feelings when UCLA includes in this release, foreign-language films for linguistic and foreign-language courses as permissible is something I object to in several different ways. 1) It seems to be full-length films UCLA is talking about and they're not educational films per se. 2) They're obviously circumventing encryption. 3) They're implying that only foreign language films have a role in education and/or that they're not real entertainment for anybody outside the classroom. I know this is an absolute contradiction with my two first two objections, but I did find this objectionable in terms of how foreign films are seen by the public. And just to mention, this is primarily UCLA's IT department speaking. I do know other departments there at UCLA that find this stance highly objectionable but cannot comment publicly. Milestone has not taken legal sides on this case because I think it needs to be handled by further revisions in the Copyright laws and mediation will be the best way for distributors and educators to solve this mess. I'm also on the board of the Association of Moving Image Archivists and in that position, I have to represent the 1000+ members (including studios, archives, educators and librarians) that are on both sides of this fence. By I do know that the transference of formats without pay is going to hurt the business end of filmmaking, restoration and distribution and will adversely affect us all in the future if basic *and fair* compensations aren't able
Re: [Videolib] Streaming within a password protected course management system
Hi Gary-- I'd like to think that the brief reflects legal realities, at least in an ideal world. The copyright landscape is becoming increasingly oppressive, and the whole point of copyright is losing its original purpose-- which was to make works more accessible. It seems as if copyright is now framed in monetary terms, which isn't how the argument should be framed. These are the people who drafted the brief-- Jonathan Band, Brandon Butler, Kenneth Crews, and Peter Jaszi. According to the brief, Jonathan Band is legal counsel for LCA. Brandon Butler is the Law and Policy Fellow at the Association of Research Libraries. Kenneth Crews is Director of the Copyright Advisory Office at Columbia University. Peter Jaszi is Faculty Director of the Glushko-Samuelson Intellectual Property Clinic at the Washington College of Law at American University. Perhaps media librarians should do some advocating if they'd like a voice in these matters. Hannah On Wed, Dec 1, 2010 at 1:43 PM, ghand...@library.berkeley.edu wrote: uh...well OK...This is part of ARL's response to the UCLA case. I think the jury is still definitely out, despite what ARL thinks. The thing that's frustrating about this pronouncement is the fact that it was shepherded thru without any participation whatsoever from media librarians--in other words, it was developed in a vacuum and may not reflect working or legal realities. gary handman Hello--the Library Copyright Alliance (which is affiliated with ALA, ACRL, and ARL) has issued a brief that goes over the issue of streaming an entire film in a remote non-classroom location. Here's the link to the eight page brief: http://www.librarycopyrightalliance.org/bm~doc/ibstreamingfilms_021810.pdfhttp://www.librarycopyrightalliance.org/bm%7Edoc/ibstreamingfilms_021810.pdf http://www.librarycopyrightalliance.org/bm%7Edoc/ibstreamingfilms_021810.pdf In short, they state that the three provisions of the Copyright Act ... could permit streaming of this sort: Sections 107, 110(2), and 110(1). While all three provisions may apply, Section 107 fair use is perhaps the strongest justification. Hannah On Fri, Nov 12, 2010 at 3:51 PM, Shoaf,Judith P jsh...@ufl.edu wrote: If the documentaries are designed to accompany the textbook, the publishers may be willing to give permission for the streaming version as an ancillary. If the documentaries are designed to accompany a textbook not used in the course, they can’t be used, I believe. If they are independent documentaries, they should be shown in class. Probably for distance ed they could be streamed if certain restrictions are observed (posted only for a short time, e.g.). The fact that some distributors of educational documentaries are offering streaming rights and streaming versions points towards an interpretation that these materials are for sale and cannot be turned into an electronic reserve. Am I right about this? Judy *From:* videolib-boun...@lists.berkeley.edu [mailto: videolib-boun...@lists.berkeley.edu] *On Behalf Of *Pat Mcgee *Sent:* Friday, November 12, 2010 1:40 PM *To:* videolib@lists.berkeley.edu *Subject:* Re: [Videolib] Streaming within a password protected course management system Hi all, Let me clarify—the films streamed are documentaries produced for educational use—not feature films. The class, however, is not a distance education class but a face-to-face ‘regular’ college course, and we do have legally acquired hard copies of the titles on reserve for viewing in the library. Pat McGee Coordinator of Media Services Volpe Library and Media Center Tennessee Technological University Campus Box 5066 Cookeville, TN 38505 931-372-3544 *From:* videolib-boun...@lists.berkeley.edu [mailto: videolib-boun...@lists.berkeley.edu] *On Behalf Of *Dennis Doros *Sent:* Friday, November 12, 2010 11:11 AM *To:* videolib@lists.berkeley.edu *Subject:* Re: [Videolib] Streaming within a password protected course management system Gary, to be fair, I did bring UCLA up in my first email and suggested this is all up in the air. And also to be fair, Pat would have to further elaborate on the films being streamed and how they're being used. By her use of the term movies, I'm assuming full-length entertainment features, but I may be absolutely wrong. As for UCLA's case, that is their point of view and is not a legally proven judgement. Hopefully, a judge will decide and legal precedent either way will be established. And my feelings when UCLA includes in this release, foreign-language films for linguistic and foreign-language courses as permissible is something I object to in several different ways. 1) It seems to be full-length films UCLA is talking about and they're not educational films per se. 2) They're
Re: [Videolib] Streaming within a password protected course management system
The bottom line is, Hannah, it's gonna take test cases to solve this. There are no existing legal realities in this area--only informed opinion and speculation. Colleagues and I have been advocating and generally working our brains out on these issues for years... Gary By the way: the original intent of the copyright law was NOT to make works more accessible. The intent (as expressed in the Constitution) was to encourage intellectual production and creative work by protecting the rights of copyright holders. Copyright is and has always been all about property rights...ergo monetary. What seems to be at risk these days--and which must be defended--is fair use...the notion that certain cultural uses trump these property rights. Hi Gary-- I'd like to think that the brief reflects legal realities, at least in an ideal world. The copyright landscape is becoming increasingly oppressive, and the whole point of copyright is losing its original purpose-- which was to make works more accessible. It seems as if copyright is now framed in monetary terms, which isn't how the argument should be framed. These are the people who drafted the brief-- Jonathan Band, Brandon Butler, Kenneth Crews, and Peter Jaszi. According to the brief, Jonathan Band is legal counsel for LCA. Brandon Butler is the Law and Policy Fellow at the Association of Research Libraries. Kenneth Crews is Director of the Copyright Advisory Office at Columbia University. Peter Jaszi is Faculty Director of the Glushko-Samuelson Intellectual Property Clinic at the Washington College of Law at American University. Perhaps media librarians should do some advocating if they'd like a voice in these matters. Hannah On Wed, Dec 1, 2010 at 1:43 PM, ghand...@library.berkeley.edu wrote: uh...well OK...This is part of ARL's response to the UCLA case. I think the jury is still definitely out, despite what ARL thinks. The thing that's frustrating about this pronouncement is the fact that it was shepherded thru without any participation whatsoever from media librarians--in other words, it was developed in a vacuum and may not reflect working or legal realities. gary handman Hello--the Library Copyright Alliance (which is affiliated with ALA, ACRL, and ARL) has issued a brief that goes over the issue of streaming an entire film in a remote non-classroom location. Here's the link to the eight page brief: http://www.librarycopyrightalliance.org/bm~doc/ibstreamingfilms_021810.pdfhttp://www.librarycopyrightalliance.org/bm%7Edoc/ibstreamingfilms_021810.pdf http://www.librarycopyrightalliance.org/bm%7Edoc/ibstreamingfilms_021810.pdf In short, they state that the three provisions of the Copyright Act ... could permit streaming of this sort: Sections 107, 110(2), and 110(1). While all three provisions may apply, Section 107 fair use is perhaps the strongest justification. Hannah On Fri, Nov 12, 2010 at 3:51 PM, Shoaf,Judith P jsh...@ufl.edu wrote: If the documentaries are designed to accompany the textbook, the publishers may be willing to give permission for the streaming version as an ancillary. If the documentaries are designed to accompany a textbook not used in the course, they can’t be used, I believe. If they are independent documentaries, they should be shown in class. Probably for distance ed they could be streamed if certain restrictions are observed (posted only for a short time, e.g.). The fact that some distributors of educational documentaries are offering streaming rights and streaming versions points towards an interpretation that these materials are for sale and cannot be turned into an electronic reserve. Am I right about this? Judy *From:* videolib-boun...@lists.berkeley.edu [mailto: videolib-boun...@lists.berkeley.edu] *On Behalf Of *Pat Mcgee *Sent:* Friday, November 12, 2010 1:40 PM *To:* videolib@lists.berkeley.edu *Subject:* Re: [Videolib] Streaming within a password protected course management system Hi all, Let me clarify—the films streamed are documentaries produced for educational use—not feature films. The class, however, is not a distance education class but a face-to-face ‘regular’ college course, and we do have legally acquired hard copies of the titles on reserve for viewing in the library. Pat McGee Coordinator of Media Services Volpe Library and Media Center Tennessee Technological University Campus Box 5066 Cookeville, TN 38505 931-372-3544 *From:* videolib-boun...@lists.berkeley.edu [mailto: videolib-boun...@lists.berkeley.edu] *On Behalf Of *Dennis Doros *Sent:* Friday, November 12, 2010 11:11 AM *To:* videolib@lists.berkeley.edu *Subject:* Re: [Videolib] Streaming within a password protected course management system Gary, to be fair, I did bring UCLA up in my first email and suggested
Re: [Videolib] Streaming within a password protected course management system
I thank Gary for his common sense and I do agree with him. My view is that having a one-sided conversation where on that side everything is permitted (and uses photocopies and papers to justify the entire use of a film -- while ignoring the transferring of copy-protected formats and other legal judgements that point in another direction than their conclusions) is not only questionable, but perhaps counterproductive. And of course, the studios and distributors are just as stubborn -- though everything I've learned about copyright law does point to increased benefits for copyright holders. That might be wrong, but that doesn't make the Library of Copyright Alliance's stance more right. In fact, just the opposite. What the non-profits have going for them right now is that most of what is happening is either under the radar or ignored by the copyright holders as to penny ante to worry about -- so you have perhaps more rights than ever before. When was the last time FBI agents raided campuses for illegal materials? However, these papers might force the copyright holders' hands to be more proactive. It would be much more useful if the LCA invited liberal minded participants from the distribution side to come up with compromises that can work in the future. Everybody is waiting for legal decisions but to be honest, legal decisions can muddy up the water even more. That means more legal costs than true benefits for either side. -- Best, Dennis Doros Milestone Film Video/Milliarium Zero PO Box 128 Harrington Park, NJ 07640 Phone: 201-767-3117 Fax: 201-767-3035 email: milefi...@gmail.com www.milestonefilms.com www.ontheboweryfilm.com www.arayafilm.com www.exilesfilm.com www.wordisoutmovie.com www.killerofsheep.com AMIA Austin 2011: www.amianet.org Join Milestone Film on Facebook! 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] Streaming within a password protected course management system
This opinion letter from the Library Copyright Alliance is a legal brief in support of a practice which it acknowledges may result in litigation. In this respect, it is incomplete. It does not say how much lawyers will charge to pursue such litigation or what penalties might result if its opinion is not upheld. Are the LCA, ARL of CSM prepared to defend and hold harmless those who trust their adventurous interpretations?. This brief does, however, manage to raise in passing a key issue. Educational film distributors, by definition, distribute films whose explicit purpose is education. Indeed, today, their licensing agreements usually stipulate that their titles are intended primarily for use in mediated instruction. It is hard - at least for an educational distributor - to understand how the use of an entire educational film by an educational institution to educate its students would constitute a transformative use and hence a fair use. Also, it is difficult for us to see how such a fair use would not result in financial injury to an educational distributor since the primary market for educational films in presumably educators. There is a further point. If an educational institution has not claimed a fair use exemption in the past for its use of educational films in face-to-face instruction but purchased them as instructional materials like a book or blackboard, how can it now claim that its use is a fair use simply because it is used in a virtual classroom, eg. distance learning or course management software Bookending it with some discussion questions or assigned readings hardly counters this argument since educational films have always been used within a context of accompanying print materials. Copyright law is skeptical of such opportunistic conversion experiences. Larry Lawrence Daressa California Newsreel 500 Third Street, #505 San Francisco, CA 94107 phone: 415.284.7800 x302 fax: 415.284.7801 l...@newsreel.org www.newsreel.org -Original Message- From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of videolib-requ...@lists.berkeley.edu Sent: Wednesday, December 01, 2010 12:26 PM To: videolib@lists.berkeley.edu Subject: videolib Digest, Vol 37, Issue 3 Send videolib mailing list submissions to videolib@lists.berkeley.edu To subscribe or unsubscribe via the World Wide Web, visit https://calmail.berkeley.edu/manage/list/listinfo/video...@lists.berkele y.edu or, via email, send a message with subject or body 'help' to videolib-requ...@lists.berkeley.edu You can reach the person managing the list at videolib-ow...@lists.berkeley.edu When replying, please edit your Subject line so it is more specific than Re: Contents of videolib digest... Today's Topics: 1. Re: Streaming within a password protected course management system (ghand...@library.berkeley.edu) 2. Public Libraries and Streaming Video (Vicki Nesting) 3. Re: Streaming within a password protected course management system (Hannah Lee) -- Message: 1 Date: Wed, 1 Dec 2010 10:43:35 -0800 From: ghand...@library.berkeley.edu Subject: Re: [Videolib] Streaming within a password protected course management system To: videolib@lists.berkeley.edu Message-ID: 5a9325b852e4ee357a8483e130e0b90d.squir...@calmail.berkeley.edu Content-Type: text/plain;charset=utf-8 uh...well OK...This is part of ARL's response to the UCLA case. I think the jury is still definitely out, despite what ARL thinks. The thing that's frustrating about this pronouncement is the fact that it was shepherded thru without any participation whatsoever from media librarians--in other words, it was developed in a vacuum and may not reflect working or legal realities. gary handman Hello--the Library Copyright Alliance (which is affiliated with ALA, ACRL, and ARL) has issued a brief that goes over the issue of streaming an entire film in a remote non-classroom location. Here's the link to the eight page brief: http://www.librarycopyrightalliance.org/bm~doc/ibstreamingfilms_021810.p dfhttp://www.librarycopyrightalliance.org/bm%7Edoc/ibstreamingfilms_021 810.pdf In short, they state that the three provisions of the Copyright Act ... could permit streaming of this sort: Sections 107, 110(2), and 110(1). While all three provisions may apply, Section 107 fair use is perhaps the strongest justification. Hannah On Fri, Nov 12, 2010 at 3:51 PM, Shoaf,Judith P jsh...@ufl.edu wrote: If the documentaries are designed to accompany the textbook, the publishers may be willing to give permission for the streaming version as an ancillary. If the documentaries are designed to accompany a textbook not used in the course, they can?t be used, I believe. If they are independent documentaries, they should be shown in class. Probably for distance ed they could be streamed
Re: [Videolib] Streaming within a password protected course management system
, pages 351–353) entitled The Copyright Quagmire by William C. Dougherty that may be of interest here as well. It goes over the issue of streaming video content through course related websites and uses UCLA as an example. My aim here is not to disregard copyright law-- but to think about the stakeholders here, and the implications of copyright on libraries and educational institutions. Hannah On Wed, Dec 1, 2010 at 5:13 PM, Lawrence Daressa mailto:l...@newsreel.orgl...@newsreel.orgmailto:l...@newsreel.org wrote: This opinion letter from the Library Copyright Alliance is a legal brief in support of a practice which it acknowledges may result in litigation. In this respect, it is incomplete. It does not say how much lawyers will charge to pursue such litigation or what penalties might result if its opinion is not upheld. Are the LCA, ARL of CSM prepared to defend and hold harmless those who trust their adventurous interpretations?. This brief does, however, manage to raise in passing a key issue. Educational film distributors, by definition, distribute films whose explicit purpose is education. Indeed, today, their licensing agreements usually stipulate that their titles are intended primarily for use in mediated instruction. It is hard - at least for an educational distributor - to understand how the use of an entire educational film by an educational institution to educate its students would constitute a transformative use and hence a fair use. Also, it is difficult for us to see how such a fair use would not result in financial injury to an educational distributor since the primary market for educational films in presumably educators. There is a further point. If an educational institution has not claimed a fair use exemption in the past for its use of educational films in face-to-face instruction but purchased them as instructional materials like a book or blackboard, how can it now claim that its use is a fair use simply because it is used in a virtual classroom, eg. distance learning or course management software Bookending it with some discussion questions or assigned readings hardly counters this argument since educational films have always been used within a context of accompanying print materials. Copyright law is skeptical of such opportunistic conversion experiences. Larry Lawrence Daressa California Newsreel 500 Third Street, #505 San Francisco, CA 94107 phone: 415.284.7800 x302 fax: 415.284.7801 mailto:l...@newsreel.org l...@newsreel.orgmailto:l...@newsreel.org http://www.newsreel.org www.newsreel.orghttp://www.newsreel.org -Original Message- From: mailto:videolib-boun...@lists.berkeley.edu videolib-boun...@lists.berkeley.edumailto:videolib-boun...@lists.berkeley.edu [mailto:mailto:videolib-boun...@lists.berkeley.eduvideolib-boun...@lists.berkeley.edumailto:videolib-boun...@lists.berkeley.edu] On Behalf Of mailto:videolib-requ...@lists.berkeley.edu videolib-requ...@lists.berkeley.edumailto:videolib-requ...@lists.berkeley.edu Sent: Wednesday, December 01, 2010 12:26 PM To: mailto:videolib@lists.berkeley.edu videolib@lists.berkeley.edumailto:videolib@lists.berkeley.edu Subject: videolib Digest, Vol 37, Issue 3 Send videolib mailing list submissions to mailto:videolib@lists.berkeley.edu videolib@lists.berkeley.edumailto:videolib@lists.berkeley.edu To subscribe or unsubscribe via the World Wide Web, visit https://calmail.berkeley.edu/manage/list/listinfo/video...@lists.berkele https://calmail.berkeley.edu/manage/list/listinfo/video...@lists.berkele http://y.edu y.eduhttp://y.edu or, via email, send a message with subject or body 'help' to mailto:videolib-requ...@lists.berkeley.edu videolib-requ...@lists.berkeley.edumailto:videolib-requ...@lists.berkeley.edu You can reach the person managing the list at mailto:videolib-ow...@lists.berkeley.edu videolib-ow...@lists.berkeley.edumailto:videolib-ow...@lists.berkeley.edu When replying, please edit your Subject line so it is more specific than Re: Contents of videolib digest... Today's Topics: 1. Re: Streaming within a password protected course management system (mailto:ghand...@library.berkeley.edughand...@library.berkeley.edumailto:ghand...@library.berkeley.edu) 2. Public Libraries and Streaming Video (Vicki Nesting) 3. Re: Streaming within a password protected course management system (Hannah Lee) -- Message: 1 Date: Wed, 1 Dec 2010 10:43:35 -0800 From: mailto:ghand...@library.berkeley.edu ghand...@library.berkeley.edumailto:ghand...@library.berkeley.edu Subject: Re: [Videolib] Streaming within a password protected course management system To: mailto:videolib@lists.berkeley.edu videolib@lists.berkeley.edumailto:videolib@lists.berkeley.edu Message-ID: mailto:5a9325b852e4ee357a8483e130e0b90d.squir
Re: [Videolib] Streaming within a password protected course management system
Ding ding ding ding why this should not happen is currently being hotly contested: see the UCLA case: http://newsroom.ucla.edu/portal/ucla/campus-to-re-start-streaming-of-154601.aspx gary handman Hi all, I hate to raise this issue again, but apparently the computer geeks on campus are streaming movies for faculty in a password protected course mgt system without bothering to get permission/ license. Does anyone have a concise summary of why this should not happen? Many thanks. Pat McGee Coordinator of Media Services Volpe Library and Media Center Tennessee Technological University Campus Box 5066 Cookeville, TN 38505 931-372-3544 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] Streaming within a password protected course management system
TEACH does cover dramatic works, but the amount of those works that can be performed or displayed must be reasonable and limited. TEACH does not cover the streaming entire feature films, but it does cover limited and reasonable portions of them (where the other criteria are also met). The reference to non-dramatic works in TEACH refers to things like recorded speeches or other things that are not the acting out of a narrative. This is how I have described this in the eTool. The term itself is not defined in the law: * Dramatic Works: Generally, in dramatic literary works the narrative is told through dialogue and action (i.e. theatrical performances) * Nondramatic Works: Thus, the performance of a nondramatic literary work would include things like recorded recitations from books or other sources mb Michael Brewer Team Leader for Instructional Services University of Arizona Libraries brew...@u.library.arizona.edumailto:brew...@u.library.arizona.edu From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner Sent: Thursday, November 11, 2010 9:41 PM To: videolib@lists.berkeley.edu Subject: Re: [Videolib] Streaming within a password protected course management system It is also very important to note that the TEACH act does NOT cover dramatic works so no fiction films would ever be covered under the TEACH act. On Thu, Nov 11, 2010 at 5:59 PM, Shoaf,Judith P jsh...@ufl.edumailto:jsh...@ufl.edu wrote: I think the catch is if it's for distance ed--if the course management system is just part of a delivery system for course materials in a course that also has classroom components, the film should be shown in a face-to-face session. The exceptions allowed for distance ed are for courses taught completely online, and as Dennis notes the exceptions do not allow circumventing copy-protection on the DVDs, however derisory. Judy Shoaf From: videolib-boun...@lists.berkeley.edumailto:videolib-boun...@lists.berkeley.edu [videolib-boun...@lists.berkeley.edumailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Meghann Matwichuk [mtw...@udel.edu] Sent: Thursday, November 11, 2010 5:23 PM To: videolib@lists.berkeley.edumailto:videolib@lists.berkeley.edu Subject: Re: [Videolib] Streaming within a password protected course management system Are they in violation of TEACH? Seems like this could be legit, if it's for distance ed and other provisions are met. I always find it useful to go straight to the text of the law: http://www.copyright.gov/title17/92chap1.html#110 ... And then provide a useful link to help with interpreting it: http://www.ala.org/ala/issuesadvocacy/copyright/teachact/index.cfm HTH, * Meghann Matwichuk, M.S. Associate Librarian Instructional Media Collection Department Morris Library, University of Delaware 181 S. College Ave. Newark, DE 19717 (302) 831-1475 http://www.lib.udel.edu/ud/instructionalmedia/ On 11/11/2010 4:57 PM, Pat Mcgee wrote: Hi all, I hate to raise this issue again, but apparently the computer geeks on campus are streaming movies for faculty in a password protected course mgt system without bothering to get permission/ license. Does anyone have a concise summary of why this should not happen? Many thanks. Pat McGee Coordinator of Media Services Volpe Library and Media Center Tennessee Technological University Campus Box 5066 Cookeville, TN 38505 931-372-3544 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] Streaming within a password protected course management system
Gary, to be fair, I did bring UCLA up in my first email and suggested this is all up in the air. And also to be fair, Pat would have to further elaborate on the films being streamed and how they're being used. By her use of the term movies, I'm assuming full-length entertainment features, but I may be absolutely wrong. As for UCLA's case, that is their point of view and is not a legally proven judgement. Hopefully, a judge will decide and legal precedent either way will be established. And my feelings when UCLA includes in this release, foreign-language films for linguistic and foreign-language courses as permissible is something I object to in several different ways. 1) It seems to be full-length films UCLA is talking about and they're not educational films per se. 2) They're obviously circumventing encryption. 3) They're implying that only foreign language films have a role in education and/or that they're not real entertainment for anybody outside the classroom. I know this is an absolute contradiction with my two first two objections, but I did find this objectionable in terms of how foreign films are seen by the public. And just to mention, this is primarily UCLA's IT department speaking. I do know other departments there at UCLA that find this stance highly objectionable but cannot comment publicly. Milestone has not taken legal sides on this case because I think it needs to be handled by further revisions in the Copyright laws and mediation will be the best way for distributors and educators to solve this mess. I'm also on the board of the Association of Moving Image Archivists and in that position, I have to represent the 1000+ members (including studios, archives, educators and librarians) that are on both sides of this fence. By I do know that the transference of formats without pay is going to hurt the business end of filmmaking, restoration and distribution and will adversely affect us all in the future if basic *and fair* compensations aren't able to be worked out. Already, the illegal bit torrent use by individuals has sharply reduced the number of titles being released in the US. Dennis On Fri, Nov 12, 2010 at 11:42 AM, ghand...@library.berkeley.edu wrote: Ding ding ding ding why this should not happen is currently being hotly contested: see the UCLA case: http://newsroom.ucla.edu/portal/ucla/campus-to-re-start-streaming-of-154601.aspx gary handman Hi all, I hate to raise this issue again, but apparently the computer geeks on campus are streaming movies for faculty in a password protected course mgt system without bothering to get permission/ license. Does anyone have a concise summary of why this should not happen? Many thanks. Pat McGee Coordinator of Media Services Volpe Library and Media Center Tennessee Technological University Campus Box 5066 Cookeville, TN 38505 931-372-3544 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. -- Best, Dennis Doros Milestone Film Video/Milliarium Zero PO Box 128 Harrington Park, NJ 07640 Phone: 201-767-3117 Fax: 201-767-3035 email: milefi...@gmail.com www.milestonefilms.com www.ontheboweryfilm.com www.arayafilm.com www.exilesfilm.com www.wordisoutmovie.com www.killerofsheep.com AMIA Philadelphia 2010: www.amianet.org Join Milestone Film on Facebook! 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] Streaming within a password protected course management system
I know Michael and I did not mean to imply otherwise but the original question did seem to suggest it was full feature films that were being streamed. On Fri, Nov 12, 2010 at 11:53 AM, Brewer, Michael brew...@u.library.arizona.edu wrote: TEACH does cover dramatic works, but the amount of those works that can be performed or displayed must be “reasonable and limited.” TEACH does not cover the streaming entire feature films, but it does cover limited and reasonable portions of them (where the other criteria are also met). The reference to “non-dramatic” works in TEACH refers to things like recorded speeches or other things that are not the acting out of a narrative. This is how I have described this in the eTool. The term itself is not defined in the law: · Dramatic Works: Generally, in dramatic literary works the narrative is told through dialogue and action (i.e. theatrical performances) · Nondramatic Works: Thus, the performance of a nondramatic literary work would include things like recorded recitations from books or other sources mb * * Michael Brewer Team Leader for Instructional Services University of Arizona Libraries brew...@u.library.arizona.edu *From:* videolib-boun...@lists.berkeley.edu [mailto: videolib-boun...@lists.berkeley.edu] *On Behalf Of *Jessica Rosner *Sent:* Thursday, November 11, 2010 9:41 PM *To:* videolib@lists.berkeley.edu *Subject:* Re: [Videolib] Streaming within a password protected course management system It is also very important to note that the TEACH act does NOT cover dramatic works so no fiction films would ever be covered under the TEACH act. On Thu, Nov 11, 2010 at 5:59 PM, Shoaf,Judith P jsh...@ufl.edu wrote: I think the catch is if it's for distance ed--if the course management system is just part of a delivery system for course materials in a course that also has classroom components, the film should be shown in a face-to-face session. The exceptions allowed for distance ed are for courses taught completely online, and as Dennis notes the exceptions do not allow circumventing copy-protection on the DVDs, however derisory. Judy Shoaf -- *From:* videolib-boun...@lists.berkeley.edu [ videolib-boun...@lists.berkeley.edu] On Behalf Of Meghann Matwichuk [mtw...@udel.edu] *Sent:* Thursday, November 11, 2010 5:23 PM *To:* videolib@lists.berkeley.edu *Subject:* Re: [Videolib] Streaming within a password protected course management system Are they in violation of TEACH? Seems like this could be legit, if it's for distance ed and other provisions are met. I always find it useful to go straight to the text of the law: http://www.copyright.gov/title17/92chap1.html#110 ... And then provide a useful link to help with interpreting it: http://www.ala.org/ala/issuesadvocacy/copyright/teachact/index.cfm HTH, * Meghann Matwichuk, M.S. Associate Librarian Instructional Media Collection Department Morris Library, University of Delaware 181 S. College Ave. Newark, DE 19717 (302) 831-1475 http://www.lib.udel.edu/ud/instructionalmedia/ On 11/11/2010 4:57 PM, Pat Mcgee wrote: Hi all, I hate to raise this issue again, but apparently the computer geeks on campus are streaming movies for faculty in a password protected course mgt system without bothering to get permission/ license. Does anyone have a concise summary of why this should not happen? Many thanks. Pat McGee Coordinator of Media Services Volpe Library and Media Center Tennessee Technological University Campus Box 5066 Cookeville, TN 38505 931-372-3544 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
Re: [Videolib] Streaming within a password protected course management system
I'm with you on all counts, Dennis I am informally enjoined (more like a friendly request) by UC counsel from offering too many opinions in this matter, but I'm with you. gary Gary, to be fair, I did bring UCLA up in my first email and suggested this is all up in the air. And also to be fair, Pat would have to further elaborate on the films being streamed and how they're being used. By her use of the term movies, I'm assuming full-length entertainment features, but I may be absolutely wrong. As for UCLA's case, that is their point of view and is not a legally proven judgement. Hopefully, a judge will decide and legal precedent either way will be established. And my feelings when UCLA includes in this release, foreign-language films for linguistic and foreign-language courses as permissible is something I object to in several different ways. 1) It seems to be full-length films UCLA is talking about and they're not educational films per se. 2) They're obviously circumventing encryption. 3) They're implying that only foreign language films have a role in education and/or that they're not real entertainment for anybody outside the classroom. I know this is an absolute contradiction with my two first two objections, but I did find this objectionable in terms of how foreign films are seen by the public. And just to mention, this is primarily UCLA's IT department speaking. I do know other departments there at UCLA that find this stance highly objectionable but cannot comment publicly. Milestone has not taken legal sides on this case because I think it needs to be handled by further revisions in the Copyright laws and mediation will be the best way for distributors and educators to solve this mess. I'm also on the board of the Association of Moving Image Archivists and in that position, I have to represent the 1000+ members (including studios, archives, educators and librarians) that are on both sides of this fence. By I do know that the transference of formats without pay is going to hurt the business end of filmmaking, restoration and distribution and will adversely affect us all in the future if basic *and fair* compensations aren't able to be worked out. Already, the illegal bit torrent use by individuals has sharply reduced the number of titles being released in the US. Dennis On Fri, Nov 12, 2010 at 11:42 AM, ghand...@library.berkeley.edu wrote: Ding ding ding ding why this should not happen is currently being hotly contested: see the UCLA case: http://newsroom.ucla.edu/portal/ucla/campus-to-re-start-streaming-of-154601.aspx gary handman Hi all, I hate to raise this issue again, but apparently the computer geeks on campus are streaming movies for faculty in a password protected course mgt system without bothering to get permission/ license. Does anyone have a concise summary of why this should not happen? Many thanks. Pat McGee Coordinator of Media Services Volpe Library and Media Center Tennessee Technological University Campus Box 5066 Cookeville, TN 38505 931-372-3544 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. -- Best, Dennis Doros Milestone Film Video/Milliarium Zero PO Box 128 Harrington Park, NJ 07640 Phone: 201-767-3117 Fax: 201-767-3035 email: milefi...@gmail.com www.milestonefilms.com www.ontheboweryfilm.com www.arayafilm.com www.exilesfilm.com www.wordisoutmovie.com www.killerofsheep.com AMIA Philadelphia 2010: www.amianet.org Join Milestone Film on Facebook! 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
Re: [Videolib] Streaming within a password protected course management system
Hi all, Let me clarify-the films streamed are documentaries produced for educational use-not feature films. The class, however, is not a distance education class but a face-to-face 'regular' college course, and we do have legally acquired hard copies of the titles on reserve for viewing in the library. Pat McGee Coordinator of Media Services Volpe Library and Media Center Tennessee Technological University Campus Box 5066 Cookeville, TN 38505 931-372-3544 From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Dennis Doros Sent: Friday, November 12, 2010 11:11 AM To: videolib@lists.berkeley.edu Subject: Re: [Videolib] Streaming within a password protected course management system Gary, to be fair, I did bring UCLA up in my first email and suggested this is all up in the air. And also to be fair, Pat would have to further elaborate on the films being streamed and how they're being used. By her use of the term movies, I'm assuming full-length entertainment features, but I may be absolutely wrong. As for UCLA's case, that is their point of view and is not a legally proven judgement. Hopefully, a judge will decide and legal precedent either way will be established. And my feelings when UCLA includes in this release, foreign-language films for linguistic and foreign-language courses as permissible is something I object to in several different ways. 1) It seems to be full-length films UCLA is talking about and they're not educational films per se. 2) They're obviously circumventing encryption. 3) They're implying that only foreign language films have a role in education and/or that they're not real entertainment for anybody outside the classroom. I know this is an absolute contradiction with my two first two objections, but I did find this objectionable in terms of how foreign films are seen by the public. And just to mention, this is primarily UCLA's IT department speaking. I do know other departments there at UCLA that find this stance highly objectionable but cannot comment publicly. Milestone has not taken legal sides on this case because I think it needs to be handled by further revisions in the Copyright laws and mediation will be the best way for distributors and educators to solve this mess. I'm also on the board of the Association of Moving Image Archivists and in that position, I have to represent the 1000+ members (including studios, archives, educators and librarians) that are on both sides of this fence. By I do know that the transference of formats without pay is going to hurt the business end of filmmaking, restoration and distribution and will adversely affect us all in the future if basic and fair compensations aren't able to be worked out. Already, the illegal bit torrent use by individuals has sharply reduced the number of titles being released in the US. Dennis On Fri, Nov 12, 2010 at 11:42 AM, ghand...@library.berkeley.edu wrote: Ding ding ding ding why this should not happen is currently being hotly contested: see the UCLA case: http://newsroom.ucla.edu/portal/ucla/campus-to-re-start-streaming-of-154 601.aspx gary handman Hi all, I hate to raise this issue again, but apparently the computer geeks on campus are streaming movies for faculty in a password protected course mgt system without bothering to get permission/ license. Does anyone have a concise summary of why this should not happen? Many thanks. Pat McGee Coordinator of Media Services Volpe Library and Media Center Tennessee Technological University Campus Box 5066 Cookeville, TN 38505 931-372-3544 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. -- Best, Dennis Doros Milestone Film Video/Milliarium Zero PO Box 128 Harrington Park, NJ 07640 Phone: 201-767-3117 Fax: 201-767-3035 email: milefi
Re: [Videolib] Streaming within a password protected course management system
Dennis said: And my feelings when UCLA includes in this release, foreign-language films for linguistic and foreign-language courses as permissible is something I object to in several different ways. 3) They're implying that only foreign language films have a role in education and/or that they're not real entertainment for anybody outside the classroom. I know this is an absolute contradiction with my two first two objections, but I did find this objectionable in terms of how foreign films are seen by the public. That's not the implication, I think, any more than studying any authentic materials or works of art or even works of pop culture are confined to education. Reading Camus (or comic books, which is more likely these days) does not imply that these items are important only for education; examining government or business websites for a business class does not imply that the sites were created with foreign students in mind. A better analogy is the required reading list, by means of which you have the students purchase a uniform edition of the texts to be read. You are not supposed to scan everything and put it into a course management system (and it would not be pleasant for the students if you did). If it's a film course, a Netflix subscription might work well as part of the required texts. I can see though that even Netflix might not be ready to offer all the films involved in some foreign language courses. I am thinking of a Chinese film course for which I recently accessioned some videos--some of them were not easy to find. NB the one type of material you can't use for distance ed is material developed to teach the particular course, which the students should be buying, e.g. the film textbook itself or short films accompanying a textbook not being used in the classroom. Judy Shoaf 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] Streaming within a password protected course management system
Any claim UCLA made regarding a special need or right to stream foreign-language films is a red herring. They steamed a wide variety of films, including many standard Hollywood English language films. Worth noting that the film that they were caught on was a BBC Shakespeare play which was absolutely in English. On Fri, Nov 12, 2010 at 12:10 PM, Dennis Doros milefi...@gmail.com wrote: Gary, to be fair, I did bring UCLA up in my first email and suggested this is all up in the air. And also to be fair, Pat would have to further elaborate on the films being streamed and how they're being used. By her use of the term movies, I'm assuming full-length entertainment features, but I may be absolutely wrong. As for UCLA's case, that is their point of view and is not a legally proven judgement. Hopefully, a judge will decide and legal precedent either way will be established. And my feelings when UCLA includes in this release, foreign-language films for linguistic and foreign-language courses as permissible is something I object to in several different ways. 1) It seems to be full-length films UCLA is talking about and they're not educational films per se. 2) They're obviously circumventing encryption. 3) They're implying that only foreign language films have a role in education and/or that they're not real entertainment for anybody outside the classroom. I know this is an absolute contradiction with my two first two objections, but I did find this objectionable in terms of how foreign films are seen by the public. And just to mention, this is primarily UCLA's IT department speaking. I do know other departments there at UCLA that find this stance highly objectionable but cannot comment publicly. Milestone has not taken legal sides on this case because I think it needs to be handled by further revisions in the Copyright laws and mediation will be the best way for distributors and educators to solve this mess. I'm also on the board of the Association of Moving Image Archivists and in that position, I have to represent the 1000+ members (including studios, archives, educators and librarians) that are on both sides of this fence. By I do know that the transference of formats without pay is going to hurt the business end of filmmaking, restoration and distribution and will adversely affect us all in the future if basic *and fair* compensations aren't able to be worked out. Already, the illegal bit torrent use by individuals has sharply reduced the number of titles being released in the US. Dennis On Fri, Nov 12, 2010 at 11:42 AM, ghand...@library.berkeley.edu wrote: Ding ding ding ding why this should not happen is currently being hotly contested: see the UCLA case: http://newsroom.ucla.edu/portal/ucla/campus-to-re-start-streaming-of-154601.aspx gary handman Hi all, I hate to raise this issue again, but apparently the computer geeks on campus are streaming movies for faculty in a password protected course mgt system without bothering to get permission/ license. Does anyone have a concise summary of why this should not happen? Many thanks. Pat McGee Coordinator of Media Services Volpe Library and Media Center Tennessee Technological University Campus Box 5066 Cookeville, TN 38505 931-372-3544 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. -- Best, Dennis Doros Milestone Film Video/Milliarium Zero PO Box 128 Harrington Park, NJ 07640 Phone: 201-767-3117 Fax: 201-767-3035 email: milefi...@gmail.com www.milestonefilms.com www.ontheboweryfilm.com www.arayafilm.com www.exilesfilm.com www.wordisoutmovie.com www.killerofsheep.com AMIA Philadelphia 2010: www.amianet.org Join Milestone Film on Facebook! VIDEOLIB is intended to encourage the broad and lively discussion of issues
Re: [Videolib] Streaming within a password protected course management system
OOPS make that streamed not steamed. I guess I am the one who is steamed. On Fri, Nov 12, 2010 at 1:55 PM, Jessica Rosner jessicapros...@gmail.comwrote: Any claim UCLA made regarding a special need or right to stream foreign-language films is a red herring. They steamed a wide variety of films, including many standard Hollywood English language films. Worth noting that the film that they were caught on was a BBC Shakespeare play which was absolutely in English. On Fri, Nov 12, 2010 at 12:10 PM, Dennis Doros milefi...@gmail.comwrote: Gary, to be fair, I did bring UCLA up in my first email and suggested this is all up in the air. And also to be fair, Pat would have to further elaborate on the films being streamed and how they're being used. By her use of the term movies, I'm assuming full-length entertainment features, but I may be absolutely wrong. As for UCLA's case, that is their point of view and is not a legally proven judgement. Hopefully, a judge will decide and legal precedent either way will be established. And my feelings when UCLA includes in this release, foreign-language films for linguistic and foreign-language courses as permissible is something I object to in several different ways. 1) It seems to be full-length films UCLA is talking about and they're not educational films per se. 2) They're obviously circumventing encryption. 3) They're implying that only foreign language films have a role in education and/or that they're not real entertainment for anybody outside the classroom. I know this is an absolute contradiction with my two first two objections, but I did find this objectionable in terms of how foreign films are seen by the public. And just to mention, this is primarily UCLA's IT department speaking. I do know other departments there at UCLA that find this stance highly objectionable but cannot comment publicly. Milestone has not taken legal sides on this case because I think it needs to be handled by further revisions in the Copyright laws and mediation will be the best way for distributors and educators to solve this mess. I'm also on the board of the Association of Moving Image Archivists and in that position, I have to represent the 1000+ members (including studios, archives, educators and librarians) that are on both sides of this fence. By I do know that the transference of formats without pay is going to hurt the business end of filmmaking, restoration and distribution and will adversely affect us all in the future if basic *and fair* compensations aren't able to be worked out. Already, the illegal bit torrent use by individuals has sharply reduced the number of titles being released in the US. Dennis On Fri, Nov 12, 2010 at 11:42 AM, ghand...@library.berkeley.edu wrote: Ding ding ding ding why this should not happen is currently being hotly contested: see the UCLA case: http://newsroom.ucla.edu/portal/ucla/campus-to-re-start-streaming-of-154601.aspx gary handman Hi all, I hate to raise this issue again, but apparently the computer geeks on campus are streaming movies for faculty in a password protected course mgt system without bothering to get permission/ license. Does anyone have a concise summary of why this should not happen? Many thanks. Pat McGee Coordinator of Media Services Volpe Library and Media Center Tennessee Technological University Campus Box 5066 Cookeville, TN 38505 931-372-3544 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. -- Best, Dennis Doros Milestone Film Video/Milliarium Zero PO Box 128 Harrington Park, NJ 07640 Phone: 201-767-3117 Fax: 201-767-3035 email: milefi...@gmail.com www.milestonefilms.com www.ontheboweryfilm.com www.arayafilm.com www.exilesfilm.com www.wordisoutmovie.com
Re: [Videolib] Streaming within a password protected course management system
Hi Pat I'd say you need to acquire a license; others may not. I personally would find it very difficult claiming fair use or TEACH exemptions in such a case. gary handman Hi all, Let me clarify-the films streamed are documentaries produced for educational use-not feature films. The class, however, is not a distance education class but a face-to-face 'regular' college course, and we do have legally acquired hard copies of the titles on reserve for viewing in the library. Pat McGee Coordinator of Media Services Volpe Library and Media Center Tennessee Technological University Campus Box 5066 Cookeville, TN 38505 931-372-3544 From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Dennis Doros Sent: Friday, November 12, 2010 11:11 AM To: videolib@lists.berkeley.edu Subject: Re: [Videolib] Streaming within a password protected course management system Gary, to be fair, I did bring UCLA up in my first email and suggested this is all up in the air. And also to be fair, Pat would have to further elaborate on the films being streamed and how they're being used. By her use of the term movies, I'm assuming full-length entertainment features, but I may be absolutely wrong. As for UCLA's case, that is their point of view and is not a legally proven judgement. Hopefully, a judge will decide and legal precedent either way will be established. And my feelings when UCLA includes in this release, foreign-language films for linguistic and foreign-language courses as permissible is something I object to in several different ways. 1) It seems to be full-length films UCLA is talking about and they're not educational films per se. 2) They're obviously circumventing encryption. 3) They're implying that only foreign language films have a role in education and/or that they're not real entertainment for anybody outside the classroom. I know this is an absolute contradiction with my two first two objections, but I did find this objectionable in terms of how foreign films are seen by the public. And just to mention, this is primarily UCLA's IT department speaking. I do know other departments there at UCLA that find this stance highly objectionable but cannot comment publicly. Milestone has not taken legal sides on this case because I think it needs to be handled by further revisions in the Copyright laws and mediation will be the best way for distributors and educators to solve this mess. I'm also on the board of the Association of Moving Image Archivists and in that position, I have to represent the 1000+ members (including studios, archives, educators and librarians) that are on both sides of this fence. By I do know that the transference of formats without pay is going to hurt the business end of filmmaking, restoration and distribution and will adversely affect us all in the future if basic and fair compensations aren't able to be worked out. Already, the illegal bit torrent use by individuals has sharply reduced the number of titles being released in the US. Dennis On Fri, Nov 12, 2010 at 11:42 AM, ghand...@library.berkeley.edu wrote: Ding ding ding ding why this should not happen is currently being hotly contested: see the UCLA case: http://newsroom.ucla.edu/portal/ucla/campus-to-re-start-streaming-of-154 601.aspx gary handman Hi all, I hate to raise this issue again, but apparently the computer geeks on campus are streaming movies for faculty in a password protected course mgt system without bothering to get permission/ license. Does anyone have a concise summary of why this should not happen? Many thanks. Pat McGee Coordinator of Media Services Volpe Library and Media Center Tennessee Technological University Campus Box 5066 Cookeville, TN 38505 931-372-3544 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
Re: [Videolib] Streaming within a password protected course management system
Dear Meghann, Under those that you citied, here in the first link: in the case of a motion picture or other audiovisual work, the performance, or the display of individual images, *is given by means of a copy that was not lawfully made under this title*, and in the second: *i**f the copyrighted materials have their own copyright protections built in*, the users of those materials should not attempt to interfere with those protections. Blackboard™ does not provide any mechanisms that would interfere with copyright protection measures. There are other laws and interpretations on both sides, but if a DVD is used that has CSS or any other kind of encryption, then it's definitely illegal. Of course, this streaming is what the UCLA lawsuit is all about and we're all waiting to see what happens. If UCLA wins, I'm going to go work for Oksana in Montreal. :-) Best, Dennis On Thu, Nov 11, 2010 at 5:23 PM, Meghann Matwichuk mtw...@udel.edu wrote: Are they in violation of TEACH? Seems like this could be legit, if it's for distance ed and other provisions are met. I always find it useful to go straight to the text of the law: http://www.copyright.gov/title17/92chap1.html#110 ... And then provide a useful link to help with interpreting it: http://www.ala.org/ala/issuesadvocacy/copyright/teachact/index.cfm HTH, * Meghann Matwichuk, M.S. Associate Librarian Instructional Media Collection Department Morris Library, University of Delaware 181 S. College Ave. Newark, DE 19717 (302) 831-1475 http://www.lib.udel.edu/ud/instructionalmedia/ On 11/11/2010 4:57 PM, Pat Mcgee wrote: Hi all, I hate to raise this issue again, but apparently the computer geeks on campus are streaming movies for faculty in a password protected course mgt system without bothering to get permission/ license. Does anyone have a concise summary of why this should not happen? Many thanks. Pat McGee Coordinator of Media Services Volpe Library and Media Center Tennessee Technological University Campus Box 5066 Cookeville, TN 38505 931-372-3544 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. -- Best, Dennis Doros Milestone Film Video/Milliarium Zero PO Box 128 Harrington Park, NJ 07640 Phone: 201-767-3117 Fax: 201-767-3035 email: milefi...@gmail.com www.milestonefilms.com www.ontheboweryfilm.com www.arayafilm.com www.exilesfilm.com www.wordisoutmovie.com www.killerofsheep.com AMIA Philadelphia 2010: www.amianet.org Join Milestone Film on Facebook! 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] Streaming within a password protected course management system
I think the catch is if it's for distance ed--if the course management system is just part of a delivery system for course materials in a course that also has classroom components, the film should be shown in a face-to-face session. The exceptions allowed for distance ed are for courses taught completely online, and as Dennis notes the exceptions do not allow circumventing copy-protection on the DVDs, however derisory. Judy Shoaf From: videolib-boun...@lists.berkeley.edu [videolib-boun...@lists.berkeley.edu] On Behalf Of Meghann Matwichuk [mtw...@udel.edu] Sent: Thursday, November 11, 2010 5:23 PM To: videolib@lists.berkeley.edu Subject: Re: [Videolib] Streaming within a password protected course management system Are they in violation of TEACH? Seems like this could be legit, if it's for distance ed and other provisions are met. I always find it useful to go straight to the text of the law: http://www.copyright.gov/title17/92chap1.html#110 ... And then provide a useful link to help with interpreting it: http://www.ala.org/ala/issuesadvocacy/copyright/teachact/index.cfm HTH, * Meghann Matwichuk, M.S. Associate Librarian Instructional Media Collection Department Morris Library, University of Delaware 181 S. College Ave. Newark, DE 19717 (302) 831-1475 http://www.lib.udel.edu/ud/instructionalmedia/ On 11/11/2010 4:57 PM, Pat Mcgee wrote: Hi all, I hate to raise this issue again, but apparently the computer geeks on campus are streaming movies for faculty in a password protected course mgt system without bothering to get permission/ license. Does anyone have a concise summary of why this should not happen? Many thanks. Pat McGee Coordinator of Media Services Volpe Library and Media Center Tennessee Technological University Campus Box 5066 Cookeville, TN 38505 931-372-3544 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.
