Well obviously a bit dicey. It is clearly legal for Prof Fellini to create such a DVD to use IN the class, the rest may be a bit of uncharted territory. First , I would really avoid a loaded phrase like "digital library", because that makes it sound l unrelated to a specific class. The main thing is to make sure the material is limited in terms of scope and directly related to the sylabus. For instance if Fellini selected 8 scenes from 1-4 or so minutes in length from various movies, to illustrate the use of deep focus in films, or 3 different scenes from Scorsese films dealing with Italian cooking, than it should in fact be OK.
The legal problem is that I am pretty sure the DMCA exemption for film clips in film classes is specific to in class use, but I could be wrong. Overall this kind of situation is completely different from the more contentious and ongoing discussion of copying and or digitizing WHOLE copyrighted works being discussed earlier ( and being supported by Gary's hero Lessig). This rests on the rather technical issue of the DMCA exemption covering clips beyond in class use, otherwise it would be a pretty straightforward, and actual "fair use" issue (as opposed to "face to face"). I think this is exactly the kind of situation where librarians and academics ought to fight. My only concern is that academics at least often don't or won't understand the difference between using a portion(clip) to create a new work and just copying an entire work to make it more convenient to watch. On Fri, Jan 29, 2010 at 5:40 PM, <ghand...@library.berkeley.edu> wrote: > > > ---------------------------- Original Message ---------------------------- > Subject: FW: quick response.... > From: "Rosen, Rhonda J." <rhonda.ro...@lmu.edu> > Date: Fri, January 29, 2010 1:46 pm > To: "ghand...@library.berkeley.edu" <ghand...@library.berkeley.edu> > -------------------------------------------------------------------------- > > Gary, why did this bounce back at me? > Rhonda > > From: Rosen, Rhonda J. > Sent: Friday, January 29, 2010 12:21 PM > To: 'videolib@lists.berkeley.edu' > Subject: quick response.... > > Everyone... > We have a quick and dirty workshop for some faculty this afternoon. We > have a scenario and we find we are differing in our opinions within our > own department, and was curious what you'd say. Would you mind giving me > a quick response? Thanks, Rhonda > > > Dr. Fellini wants to create a mini-"digital library" of movie scenes for > his students. He obtains (legal) dvds of the films, burns the selected > scenes onto a DVD and distributes copies to each student-is this legal? > > > > > Rhonda Rosen| Head, Media & Access Services > William H. Hannon Library | Loyola Marymount University > One LMU Drive, MS 8200 | Los Angeles, CA 90045-2659 > rro...@lmu.edu| 310/338-4584| > http://library.lmu.edu > > > > > > > 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. > > 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.
