Let's see .. in addition to cell phones, ATMs and iTunes downloads, we
have managed to get students used to add-on technology fees, extra CDs
in their textbooks for an extra price, value added enhancements to
textbooks, at an extra price, special fees for "hybrid courses," which
meet less often and are basically all web page, all the time, for an
extra price .... so ... why don't we just stop spending so much
intellectual capital and "what ifs" about fair use and simply have each
student buy a $36 semester pass to NetFlicks and simply watch whatever
they want On Demand.
I could probably get the aforementioned fetishized original Metropolis
if I needed it.
We could even add it to the gym fee and get a gened requirement out of
the way.
Randal Baier
Eastern Michigan University
The court's don't make rules? That is a new one. There is a long
history of law on "fair use" and how it can and cannot be used. If
either UCLA or Georgia State decided to pursue their case ( my current
understanding is that the publishers are trying to pursue Georgia
State which wants the court to rule that whatever they did before in
streaming whole works is irrelevant because they are not doing it now
and won't do it again) and a court rules that "Fair Use" ( along with
claims involving either
"face to face" or the TEACH ACT do not allow you to stream an entire
work, are you saying that would not be definitive?
If courts don't make rules why are schools buying books or videos at
all. Can't they just download them from bit torrent? There is no doubt
that technology is making it very hard to ENFORCE copyright laws that
does not mean they don't exist.
The idea of "fair use" covering for instance the digitizing and
streaming of an entire feature film is pretty breathtaking in its
scope and despite all sorts of technology questions, I don't think it
is really that complicated of a legal question.
On Mon, Feb 22, 2010 at 3:24 PM, Carrie Russell <cruss...@alawash.org
<mailto:cruss...@alawash.org>> wrote:
Jessica said: Now just be my little evil devil's advocate self,f I
have
a question for
you Carrie.
Since ALA believes it is legal (or maybe you believe it should be
legal)
to
stream an entire work to students outside of the actual classroom
does
this
mean you will advice Georgia State & UCLA both of whom have backed
down,
to
NOT settle so this view could in fact be tested in court?
Carrie says: I will not advise Georgia State, UCLA, or anyone how to
handle their legal situation. ALA won't either. What we are
saying in
the issue brief is that we believe fair use could apply to the full
screening of films, including screenings that are conducted by
technological means depending on the situation. The brief describes
that reasoning.
Jessica said: I mean that is what we all want right? A clear cut legal
ruling would
certainly end all this debate.
Carrie says: I don't think a court ruling would end this debate, in
part, because this is a political debate. Courts don't create rules;
they provide interpretations to guide us. Universities, schools,
librarians and vendors can establish rules if they so choose.
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
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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.
