Sorry Chris I did not mean I do not want to appear to be trashing the TEACH act, and I have no problem with clips/ portions being used. I just did not think that was what Chuck was referring to.
Jessica On Wed, Feb 17, 2010 at 11:57 AM, Chris Lewis <cle...@american.edu> wrote: > I'm pretty much in agreement with Gary on the unlicensed streaming of > complete works. I think it's rash to scare off people from using the > TEACH Act under any circumstances. If the guidelines are followed and > only portions are used, I think it's a usable tool for works with no > option for licensing. > > On Wed, Feb 17, 2010 at 11:34 AM, <ghand...@library.berkeley.edu> wrote: > > 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. > > > > > > -- > Chris Lewis > Media Librarian > American University Library > 202.885.3257 > > Please think twice before printing this e-mail. > > 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.
