You can check Film Ideas off as being in complete agreement. We view it as doing the right thing. And as Scott says, there is little chance for infringement if someone is taking the time to seek permission. The only thing we request is a copy of the closed captioned version so we can then make it available to others. It is a win, win for everyone.
Robert A. Norris Managing Director Film Ideas, Inc. 308 North Wolf Road Wheeling, IL 60090 Phone: (847) 419-0255 Fax: (847) 419-8933 Email: b...@filmideas.com Web: www.filmideas.com Please print responsibly. On Aug 12, 2010, at 2:14 AM, videolib-requ...@lists.berkeley.edu wrote: > > From: Scott Spicer <spic0...@umn.edu> > Date: August 12, 2010 2:16:39 AM CDT > To: videolib@lists.berkeley.edu > Subject: [Videolib] Appeal to producers and distributers on captioning.. > Reply-To: videolib@lists.berkeley.edu > > > Dear producer - distributer friends, > > I generally find rants to be counterproductive and I am still earning a soap > box to stand on, but there is a practice that I need to call out as > particularly odious. This past year, the Disability Services Department on > my campus has started a unit that will occasionally caption videos for > hearing impaired students, when a captioned copy does not exist on the > market. They are very careful with fair use interpretation, and for better > or worse at least with respect to accessibility (I'm not a legal expert on > ADA, though this purpose does not appear to be exempted under DMCA), they > always seek permission from the rights holder before transcoding and > captioning the material. In addition, it is my understanding that they > receive legally acquired video (usually DVD) from multiple sources, including > faculty, departments, and the library for class screening use. > > From my discussion with a Disability Services representative, on at least > four separate occasions since they started this year, upon request, the > rights holder came back and required they demonstrate that the material was > purchased at the academic rate before they would give permission for this > unit to caption the film. I will acknowledge that I do not have the > specific details for each of these cases, as this is another unit of the > university (though I have been involved at the tail end twice - read on). I > wasn't on debate team, so I'll go one further and even concede that maybe > there were some mitigating factors that I am unaware of. I also understand > that producers/distributers may have contractual obligations regarding > release of reproduction rights, and/or policies in place to insure a copy was > indeed, legally acquired before granting them. I get it, really I do. > > That said, I would like to place a broad logic appeal to > producers/distributers for a moment to please take off your skeptical hat > when a campus Disability Services unit requests permission to caption a film. > This is a time intensive process, and certainly not a gateway to wholesale > infringement (would they contact you or even me if they were so inclined?). > Furthermore, universal access is not a privilege, it is a right. These > students should not be held hostage because a unit on campus designed to help > people, [that in this case] does not even acquire media, is unable to > demonstrate academic purchase only to then have to wait while other campus > units scramble to determine who is responsible for what, and who is going to > fund additional (otherwise unnecessary) permissions. I've participated in > this senseless exercise once already 2 months ago, and now need to once again. > > Finally, it should go without saying that all new productions, whether it be > VHS, DVD, Blu-Ray, View-Master stereoscope, or streaming needs to be > captioned. My library has yet to adopt this rule as formal collection > development criteria, and as I have limited oversight over single title > purchases it may not be. However, I can assure you going forward, that any > vendors looking to sell us streaming video packages will be at a severe > disadvantage if this option is not included with every title, unless the > content is absolutely necessary. > > Rant over, soap box returned, thank you for your time. > > Best, > Scott Spicer > > > Media Outreach and Learning Spaces Librarian > Physical Sciences and Engineering > University of Minnesota Libraries > 341 Walter Library 612.626.0629 > Media Services: http://lib.umn.edu/media > SMART: http://smart.umn.edu
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.
