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LCA Releases Issue Brief on
Streaming of Films for Educational Purposes
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February 19, 2010
For more
information, contact:
Brandon Butler
Association of Research Libraries
202-296-2296
bran...@arl.org
LCA Releases Issue Brief on
Streaming of Films for Educational Purposes
Washington DC?On February 19,
2010, the Library Copyright Alliance (LCA) released an issue brief that
reviews the legal status of streaming entire films to students located
outside of physical classrooms. The discussion was prompted by recent
news of a disagreement between the University of California, Los
Angeles (UCLA) and a media equipment trade association over the
streaming of films to students as part of an online courseware system.
Innovations in secure streaming and online courseware systems hold
significant promise for institutions serving faculty and students who
demand increased access to institutional and library holdings. Many
questions have been raised concerning the use of these technologies and
copyright law, and the LCA issue brief aims to dispel some of the
mystery and uncertainty that surround this issue, and to foster a
balanced discussion.
The LCA issue brief explains
characteristics that could increase the likelihood that a particular
use will be allowed as well as the arguments that could lead a court to
find in favor of educational uses. It also explains how these statutory
provisions interact, and, most importantly, how the scope of fair use
is affected by the other provisions in the Act.
The Copyright Act includes
several provisions that allow users to copy, perform, distribute, or
display works without permission from a rightsholder. The LCA issue
brief surveys three provisions of the Copyright Act?Sections 107,
110(1), and 110(2)?that could arguably support streaming entire films.
The strongest argument is grounded in Section 107?the fair use
provision. Fair use is a flexible, evolving doctrine that is often
helpful to scholarly and educational users and users of new technology.
Section 110(1) and (2) specifically address the issue of educational
use of films, but they are less flexible. Whether these provisions will
allow for a particular use will depend on the details of the use as
well as how a court chooses to interpret certain key parts of the Act.
The Library Copyright Alliance
is a coalition of library associations made up of the Association of
Research Libraries, the American Library Association, and the
Association of College and Research Libraries. More information about
LCA is available at http://www.librarycopyrightalliance.org/.
The Association of Research
Libraries (ARL) is a nonprofit organization of 124 research libraries
in North America. Its mission is to influence the changing environment
of scholarly communication and the public policies that affect research
libraries and the diverse communities they serve. ARL pursues this
mission by advancing the goals of its member research libraries,
providing leadership in public and information policy to the scholarly
and higher education communities, fostering the exchange of ideas and
expertise, facilitating the emergence of new roles for research
libraries, and shaping a future environment that leverages its
interests with those of allied organizations. ARL is on the Web at http://www.arl.org/.
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Association of Research Libraries
21 Dupont Circle NW, Suite 800 | Washington DC 20036 | 202-296-2296
www.arl.org
Copyright ©
Association of Research Libraries
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<<attachment: jeanne_little.vcf>>
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.