Gary and all,

AIME is an association with membership representing educational institutions
as well as producers and distributors of media content.  In fact, the
institutional membership is far greater than that of the corporate world.
Public libraries, school systems, colleges/universities and regional
educational service agencies have found AIME to be beneficial in providing
guidance as they strive for copyright compliance with faculty,
administrators and students.  Recent questions coming into the AIME office
and answered by attorney Arnold Lutzker have included those related to
creative commons, digital yearbooks and photos, differences between
trademarks and copyrights, use of iPods and podcasting in the classroom,
downloading video and audio content, PowerPoint and posts concerns.as well
as streaming video issues.  AIME seeks to provide a balanced view that
guides toward responsible uses of copyrighted materials.  In case those
reading these list-serv posts are not aware of some of Mr. Lutzker's work in
the legislative area, he has represented a consortium of five national
library associations on the Digital Millennium Copyright Act (DMCA), Sonny
Bono Copyright Term Extension Act (CTEA), and the TEACH Act.  This
background allows a unique perspective for all of our AIME members.

Additional information about the organization can be found at www.AIME.org

Thanks,
Betty

-----Original Message-----
From: videolib-boun...@lists.berkeley.edu
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of
ghand...@library.berkeley.edu
Sent: Thursday, March 25, 2010 12:28 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] AIME primer

Thanks, Betty

I think it is very important to point out that Mr. Lutzker's primer was
developed for AIME, an industry group representing the interests of
intellectual property owners and their agents.  Lawyers representing the
interests of end-users in educational and artistic communities may very
well have considerably different takes on these matters.

In other words, there is no gospel and--at present, at least--no defining
case law in the matter of streamed video.

Thanks for posting this interesting take on the issues.

Gary Handman


>
>
>
>
> The much publicized educational video streaming dispute between AIME
> (Association for Information Media and Equipment, www.aime.org) and UCLA
> poses a number of complicated copyright questions.  Arnold Lutzker
> prepared
> a primer on educational video streaming recently as counsel for AIME.  The
> article puts the dispute in context and addresses Fair Use, as well as the
> TEACH Act and face-to-face teaching exemptions in Section 110 of the
> Copyright Act.  The thrust of the article is to underscore that the
> copyright law does not countenance a one-size fits all solution to video
> streaming.  For educators who want to rely upon the legal exceptions
> rather
> than author permissions, they must be prepared to do serious homework on a
> work-by-work basis, and realize that use of many videos created by
> educational publishers, like AIME members, are not available for
> unlicensed
> streaming.  Streaming without careful consideration of the nature of the
> work in question risks the real prospect that the use is outside the scope
> of the limitations and thus a copyright violation.  AIME  hopes this piece
> will lead not only to a balanced and enlightened discussion of video
> streaming practices, but also to implementation of responsible digital
> practices.
>
>
>
> The article can be found at http://aime.org/news.php
>
>
>
>
>
>
>
> 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.


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.

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