Brief follow up on the "off air" issue. Off air copies are not considered legal copies so for instance the recently published rules from the LOC on clips would not specifically apply. It may be possible to make a "fair use" claim but usually that requires a legal source. However if you want to push the envelope on this MAKE SURE you allow no more than a SHORT clip. Never, ever allow them to use let alone transfer an entire off air work. I honestly don't trust faculty at all on copyright issues and especially with off air material. The Society for Cinema & Media Studies "Best Use" paper on this is full of totally illegal advice and alas more than a few professors take it as copyright law.
Jessica On Wed, Sep 8, 2010 at 8:21 AM, <ghand...@library.berkeley.edu> wrote: > Talk about opening several cans o' worms... > > > > > > > If faculty or the institution owns a purchased VHS tape and the content > is > > not available on DVD, the conversion is acceptable for archival purposes. > > This is a faulty assumption, I'm afraid, Joseph. Format transfer is > generally considered derivation, and derivation is one of the exclusive > rights of the copyright holder. Section 108 of the copyright law makes > limited provisions for LIBRARIES and ARCHIVES (not individuals) to make > copies of copyrighted media materials in cases where the original format > is at physical risk and where replacement the same or alternative > formats is not available at fair market price (whatever that means). > The copies must be used within the library or archive and may not, in > theory, be circulated. > See http://www.copyright.gov/title17/92chap1.html#108 > > > > 5. If it's an off-air recording and a commercial copy on DVD is not > > available and faculty wish to use "small portions" for instructional > > purposes, the conversion of those portions (but not the entire VHS tape) > > is acceptable. > > Off air recording is not covered by the current copyright law, per se. The > Only existing guidelines (The Kastenmeier Guidelines) are informal, but > widely considered to be a safe harbor. > http://www.lib.berkeley.edu/MRC/Kastenmeier.html > The long-term retention of off-air materials is in itself problematic, let > alone copying this stuff to another format. > > Gary Handman > > > > > Where are my assumptions faulty? What additional counsel would you offer? > > Do you have campus guidelines that address this situation? > > Second, in light of YouTube's terms of service (TOS) what do you advise > > faculty regarding the capture of YouTube video for later use in > > instruction. I generally suggest they play it straight from YouTube, but > > the concern is that there might be interruptions in the network streaming > > or choppy playback. > > I'm new to them list so if my questions have been addressed earlier, my > > apologies. > > Jonathan Bacon > > Director > > Educational Technology Center > > Johnson County Community College > > 12345 College Blvd., LIB 375D > > Overland Park, KS 66210 > > 913.469.8500 ext. 3530 > > jba...@jccc.edu > > twitter.com/jpbacon > > twitter.com/sidlit > > > > > > ________________________________ > > The information contained in this e-mail and any attachments thereto > > ("e-mail") is sent by the Johnson County Community College ("JCCC") and > is > > intended to be confidential and for the use of only the individual or > > entity named above. The information may be protected by federal and state > > privacy and disclosures acts or other legal rules. If the reader of this > > message is not the intended recipient, you are notified that retention, > > dissemination, distribution or copying of this e-mail is strictly > > prohibited. If you have received this e-mail in error please immediately > > notify JCCC by email reply and immediately and permanently delete this > > e-mail message and any attachments thereto. Thank you. > > 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.
