All true (though there is no mention of streaming in the law and one rarely can
purchase a stream outright, so I'm not sure it would really qualify as an
unused copy in the same way a tangible item would. Also, it is considered a
"replacement" copy in the language of the law. A "preservation"
All,
Just want to clarify something about 110(1) in Dennis’ description. The
criteria in 110(1) are not quite as rigid/explicit as Dennis notes. It does not
say anything about a registered class, but that it must be “in the course of
the face to face teaching activities of a non-profit
Gisele,
Of course you can acquire the lost VHS through ILL, make a copy, and add it
back to your collection. Section 108 makes it very clear that if an item is
lost or stolen from your collection, it can be replaced using Section 108 if an
unused version is not available on the market at a
The teach act does indeed cover fiction. The law reads “the performance of a
nondramatic literary or musical work or reasonable and limited portions of any
other work.” What it says is that teach covers (in their entirety, assuming all
other conditions are met) nondramatic literary or musical
It is not fair use. It is TEACH. Fair use may be used to justify these sorts of
things, but if that is the case, each case would have to be looked at
individually. Also, TEACH does set some limitations on amount, though they are
vague ("limited and reasonable"). While there are arguments as to
Depends who is in the course. MOOCs are generally people outside an institution
(open to the public), so something like the TEACH act is less likely to apply
and they wouldn’t have access to licensed content for institutional users.
Instructors using Blackboard or other CMS for courses offered
Me Too!
Michael Brewer | Librarian | Head, Research & Learning |
brew...@email.arizona.edu
-Original Message-
From: videolib-boun...@lists.berkeley.edu
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Reynolds, Jo Ann
Sent: Wednesday, January 13, 2016 8:07 AM
To:
Deg,
It is an interesting question. For me, it is less about what the law will allow
and more about whether or not the replacement (in this case the access to the
content in streaming form) will fulfill needs as well as (or better than) the
physical copy. For example, what if a faculty member
If there is no physical copy, then we lose certainty in being able to take
advantage of exceptions to copyright like fair use, replacement/preservation
(under section 108), etc., since digital copies that are not in physical form
would always be licensed.
Michael Brewer | Librarian | Head,
This is not copyright. If it is on a license you or your institution has agreed
to, it is licensing (and trumps copyright). If it is not on a license, it is
pretty much meaningless.
mb
Michael Brewer | Librarian | Head, Research & Learning |
lty of copyright infringement; you would not,
however, be guilty of violating the DMCA (because you were exempted from it).
Andy
From:
videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu>
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Brewer, Micha
I mostly agree with Jessica. However, I have questions about what 1201 allows
and doesn’t allow in these cases. It seems to me that the 1201 exemptions and
fair use (or other exceptions) are different things and are supposed to be
considered separately. Couldn’t one potentially legally
While I am sure there is a lot on Youtube that is posted without copyright
permission, they also seem to do a lot of licensing behind the scenes with
copyright holders, so it isn't always clear what is legal and what is not. Much
of the music that is posted by individuals (not artists) is still
, Brewer, Michael M - (brewerm)
brew...@email.arizona.edumailto:brew...@email.arizona.edu wrote:
While I am sure there is a lot on Youtube that is posted without copyright
permission, they also seem to do a lot of licensing behind the scenes with
copyright holders, so it isn’t always clear what
No reason the copy used to invoke Section 108 has to be a copy the library
purchased new (though that is likely what happens most of the time), it just
has to be legal (and, as Chris noted, not have any other license restrictions).
mb
Michael Brewer | Librarian | Head, Research Learning
Also please do remember that the Section 108 Spinner is available for quickly
checking on the applicability of 108 to a particular use as well as for
documenting your uses of the Section. http://librarycopyright.net/108spinner/
mb
Michael Brewer | Librarian | Head, Research Learning
From:
Jessica,
It isn’t illegal to digitize and post an entire book. It depends on the
circumstances, whether those fall under fair use, or fall under something like
Section 108(h) - which applies to works in their last 20 years of protection
that are not being commercially exploited or available
not object you could stream it.
Exactly how does that cover Citizen Kane or or 99.9% of the films being used in
classes?
On Tue, Sep 30, 2014 at 11:23 AM, Brewer, Michael M - (brewerm)
brew...@email.arizona.edumailto:brew...@email.arizona.edu wrote:
Read the law, Jessica. 108(h) allows
. Mabee Library
4301 Broadway - CPO 297
San Antonio, TX 78209
(210) 829-3842
From:
videolib-boun...@lists.berkeley.edumailto:videolib-boun...@lists.berkeley.edu
[videolib-boun...@lists.berkeley.edu] On Behalf Of Brewer, Michael M -
(brewerm) [brew
@lists.berkeley.edu
Subject: Re: [Videolib] Libraries that stream their own titles
I hope the earth will not come of its axis since we agree
On Tue, Sep 30, 2014 at 12:56 PM, Brewer, Michael M - (brewerm)
brew...@email.arizona.edumailto:brew...@email.arizona.edu wrote:
108 does encompass film, but only certain
their own titles
Well since that would already be covered under fair use ( yes I really
believe it in) there is nothing special in TEACH about it.
On Tue, Sep 30, 2014 at 3:08 PM, Brewer, Michael M - (brewerm)
brew...@email.arizona.edumailto:brew...@email.arizona.edu wrote:
Teach does apply to fiction
That model and pricing is unlikely to result in wide usage of the film. We
would certainly not license it under those terms.
mb
On Aug 7, 2014, at 4:36 PM, Deg Farrelly wrote:
I know what I have already said (to our licensing agent to pass along to the
filmmaker). But I am curious as to my
Russian DVD.com was where I used to go when I bought in this area. They tend
to have a pretty broad selection, much of it just in Russian, but also quite a
bit with subtitles in a lot of different languages. Looks like Kubanskie kazaki
is out of stock at present, though.
/
Kim Stanton
Head, Media Library
University of North Texas
kim.stan...@unt.edumailto:kim.stan...@unt.edu
P:(940) 565-4832
From:
videolib-boun...@lists.berkeley.edumailto:videolib-boun...@lists.berkeley.edu
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Brewer, Michael M -
(brewerm)
Sent
This would not be for preservation (since it is not a unique item), it would be
for replacement of a damaged copy. However, if it is available through Films on
Demand, you couldn’t really say that it is unavailable at a fair price in an
unused copy. It is available in a different format
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