[Videolib] streaming rights for TV series?

2016-05-17 Thread Maureen Tripp
Would like some feedback on the following scenario: The complete first season of All in the Family is part of the library's media collection. A TV writing faculty member wants to show a single episode to students enrolled in an online course. The faculty member would borrow the DVD from the

Re: [Videolib] streaming rights for TV series?

2016-05-17 Thread Chris Lewis
Swank licenses some of the episodes for streaming though just a selection. On Tue, May 17, 2016 at 10:32 AM, Maureen Tripp wrote: > Would like some feedback on the following scenario: The complete first > season of All in the Family is part of the library's media collection. A > TV writing fac

Re: [Videolib] streaming rights for TV series?

2016-05-17 Thread Griest, Bryan
I imagine our content providers are saying, "Even one episode (if shown in its entirety in this manner) violates copyright law." -Original Message- From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Maureen Tripp Sent: Tuesday, May 17, 20

Re: [Videolib] streaming rights for TV series?

2016-05-17 Thread Jessica Rosner
Yes indeed digitizing and streaming a complete episode would violate copyright law. This is not if you will excuse the pun an "academic" question, there are two recent Federal Court rulings and recent ruling by Library of Congress governing the Digital Millennium Copyright act. In both Google Books

Re: [Videolib] streaming rights for TV series?

2016-05-17 Thread Griest, Bryan
My guess is that the definition of “portion of the work” is what is being debated here. The professor probably sees the entire run of the series as “the work” and that therefore one ep is a small portion. From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On

Re: [Videolib] streaming rights for TV series?

2016-05-17 Thread Jessica Rosner
I doubt that would fly as each episode is totally self contained. Again in GSU case court rejected about 15% of the total for not being "fair use" and claiming a full episode is "fair use" would be a really high burden. ALL IN THE FAMILY ran for like a decade so why not claim one whole season is "f

Re: [Videolib] streaming rights for TV series?

2016-05-17 Thread Griest, Bryan
I can easily see an analysis of a series where a total run is “the work”—think of a season of “The Wire”, for example—and one could indeed make a logical case as showing one ep being “fair use.” I would be less likely to see an ep of something much more episodic like “AITF” in those terms, to be

Re: [Videolib] streaming rights for TV series?

2016-05-17 Thread Andrew Horbal
Hi everybody, It is worth mentioning as part of this discussion that *ACRL's Code of Best Practices in Fair Use for Academic and Research Libraries * states both that "w]orks intended for consumption as popular

Re: [Videolib] streaming rights for TV series?

2016-05-17 Thread Peter Shirts
Hi everyone, I'm surprised that no one has mentioned justifying this use of one episode not by fair use, but under the TEACH Act, which was specifically designed for online classes. The TEACH Act, while not as expansive as the educational exemption, transfers at least some of the education exempti

Re: [Videolib] streaming rights for TV series?

2016-05-17 Thread Jessica Rosner
I have heard this before ( at ALA conference among other places) and it is an absurd argument. In fact when I asked the person ( I think Peter Jaszi but not sure) claiming that using a work intended for "entertainment" for "educational purposes" mean you could stream the entire work ( in this ca

Re: [Videolib] streaming rights for TV series?

2016-05-17 Thread Jessica Rosner
The TEACH ACT does not cover works of fiction like a TV show. Those are covered by standard "fair use' which again per recent rulings does not cover whole works or any lengh On Tue, May 17, 2016 at 2:51 PM, Peter Shirts wrote: > Hi everyone, > > I'm surprised that no one has mentioned justifying

Re: [Videolib] streaming rights for TV series?

2016-05-17 Thread Chris Lewis
There is no prohibition in the TEACH Act from using dramatic or fictional works. There is however a prohibition against using complete works as it specific mentions"reasonable and limited portions". On Tue, May 17, 2016 at 2:56 PM, Jessica Rosner wrote: > The TEACH ACT does not cover works of fi

Re: [Videolib] streaming rights for TV series?

2016-05-17 Thread Andrew Horbal
The legal basis for such a claim is comprehensively described by Brandon Butler in a 48-page article in the most recent issue of the *Connecticut Law Review* called "Transformative Teaching and Educational Fair Use After Georgia State."

Re: [Videolib] streaming rights for TV series?

2016-05-17 Thread Griest, Bryan
Which circles us back around to “what is the definition of a ‘complete work’?” in the case of a television series? From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Chris Lewis Sent: Tuesday, May 17, 2016 12:21 PM To: Videolib Subject: Re: [Video

Re: [Videolib] streaming rights for TV series?

2016-05-17 Thread Andrew Horbal
Hi Bryan, In my personal and (just to be clear, since I haven't mentioned it yet in this thread) non-lawyer opinion, that would depend on how the episode is being used by the instructor. It seems likely to me that a television episode will most often be used in such a way that it should be conside

Re: [Videolib] streaming rights for TV series?

2016-05-17 Thread Peter Shirts
Hi all, Chris, thanks; I do not believe the TEACH act excludes dramatic or fictional works, either. Just to clarify the "reasonable and limited portions" statement from the TEACH Act. Unlike fair use, which specifically has a "whole or part" argument, the TEACH Act's use of limited portions has l

Re: [Videolib] streaming rights for TV series?

2016-05-17 Thread Chris Lewis
I've discussed that paradox with our university counsel and he said that "portions" takes precedence over the part that says "an amount comparable..." so that's what we follow though I really doubt any copyright holder would ever pursue a case against a university because a professor used a 30-minu