Letting the "higher ups" make the decisions alone is never a good idea, Chuck. Media folk need to take the lead and manifest strong leadership in these issues because, frankly, administrators and faculty generally know squat about the issues, community common practice, legislation, and almost everything else required to make informed decisions.
It's very clear that the issue of digitizing and/or streaming materials under copyright without license (even for delivery withing the confines of a "reasonably secure" platform) is being hotly contested, even as we speak... I would strongly advise Jane and others to wait and watch how the UCLA case shakes down. UC legal counsel has advised UCLA to desist from its practices until the matter is further considered. I don't see any universities or any national organizations "pushing back" at this point... And here's my opinion (and its ONLY ONLY ONLY)quasi-informed opinion: I cannot see any way that it can be argued that digitizing and streaming a whole copyrighted work (even within the confines of an authenticated platform) could possibly fall under the umbrella of either fair use or TEACH, particularly in cases where the title(s) in question are currently being licensed for digital delivery by a distributor or vendor. Pat Aufderheide (one of my heroes)has argued that there's a radical difference between business models and copyright issues (see http://www.insidehighered.com/news/2010/02/04/copyrightredux). I'm not sure I agree (but then again, I'm certainly no lawyer...than god) It seems to me that if one of the principle tests of fair use is impact on the market, the practices of UCLA and other institutions would simply not stand up in court. We'll see what shakes down the road... gary > The answer is, "possibly". Jane, explore the option of using course > management software like BlackBoard, for example, to facilitate this > endeavor. This will provide a closed network that is "reasonably secure". > In > addition it is by default only accessible to students on record for a > class > that has materials on video course reserves. Next, start building campus > partnerships, convince teaching departments, particularly the faculty > members that actually have materials on video course reserves, that this > is > a great and matter of fact essential service for scholarship. > Simultaneously, talk to your library administration and get them involved. > You'll need their support because only they have the voice to push this to > the University President's Office. Let the decision be made at the top of > the ladder, but prepare and build your case from the bottom up. Don't let > people scare you away from this, all you are doing is bring attention to a > much needed service, again let those higher up make the final decision, > and > remember federal law trumps a distributors/artist contrived prohibitions, > if > your University has the legal muscle to push back, then this is what they > are for. > > Best, > Chuck > > On Wed, Feb 17, 2010 at 9:42 AM, Val Gangwer <vgang...@mbc.edu> wrote: > >> Umm...no. Until the legal field is cleared, and we have more bandwidth, >> it's not going to happen here. >> Val >> >> On Tue, Feb 16, 2010 at 3:37 PM, Jane Sloan >> <jsl...@rci.rutgers.edu>wrote: >> >>> Hello all, >>> >>> For those of you who have a couple spare minutes (!) >>> I'm interested in some current information on: >>> >>> if/under what conditions you are creating streaming video files to be >>> placed under a password for course reserves. >>> >>> even a 'yes' or 'no' >>> will be much appreciated, >>> >>> thank you, >>> Jane >>> -- >>> >>> Jane Sloan >>> >>> Media Librarian >>> >>> 732-932-9783 x37 >>> >>> Rutgers University Libraries >>> >>> */Please consider the environment before printing this email/* >>> >>> >>> 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. >>> >> >> >> >> -- >> Valerie Gangwer >> Media Services Director >> Mary Baldwin College >> >> a...@graftonlibrary >> #7267 >> >> 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. >> >> > > > -- > Chuck McCann > Strozier Library Scholars Common > 850-644-5924 > http://guides.lib.fsu.edu/multimedia > http://guides.lib.fsu.edu/profile.php?uid=12569 > http://www.youtube.com/user/fsulibraries > 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. > 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.
