Bingo! Kastenmeier. gary
> I seem to recall that in the halcyon days of off-air recording we had a > kind of "convention of practice" that allowed 45 days of keeping an > off-air recording related to classroom presentation. 10 days of active > review -- for those that missed the show -- and 35 days of hanging around > on the reserve shelf in case anybody wanted to see it again. Then we had > to erase that puppy. > > It wasn't legal per se , more a safe harbor kind of convention. Do I have > that right? Is this at all related to the discussion below? > > Randal Baier > > > > From: "Susan Albrecht" <albre...@wabash.edu> > To: videolib@lists.berkeley.edu > Sent: Wednesday, September 8, 2010 2:54:37 PM > Subject: Re: [Videolib] Looking for Video Conversion and YouTube > Guidelines > > > > > But Jessica, what Gary is talking about re: “retention and use periods” > DOES makes a big difference. The retention guidelines are precisely what > would prevent schools & libraries from doing what you say; they don’t > allow retaining off-air tapes for years on end. > > > > Susan > > > > > > From: videolib-boun...@lists.berkeley.edu > [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner > Sent: Wednesday, September 08, 2010 2:40 PM > To: videolib@lists.berkeley.edu > Subject: Re: [Videolib] Looking for Video Conversion and YouTube > Guidelines > > > > Home copies are for individuals Gary. If they were "legal" copies you > could sell and rent them but you can not. There is a BIG difference. > > > The use of the term "legal" copies in things like the recent LOC rules as > well as other copyright laws is always understood to mean a copy > officially released by the rights holder. Again if off air copies were > standard "legal" copies they could be bought and sold in stores. The Sony > Case was very specific that it was for individuals to be able to time > shift, and that is completely different from using a off air program in a > class. If anyone seriously believed it was legal, many schools and > libraries would just tape stuff, circulate it and never buy copes unless > they needed extras. > > > On Wed, Sep 8, 2010 at 11:29 AM, < ghand...@library.berkeley.edu > wrote: > > Not true. Off-air copies made by individuals are perfectly legal (that's > what the the Sony Betamax case was all about...it's called time shifting, > Jessica). The use of off-air material in the classroom is not covered by > Title 117 at all, but the Kastenmeier Guidelines are generally considered > a safe harbor that would hold up in court. Whole programs. Doesn't > matter. Kastenmeier species retention and use periods but doesn't address > length or portion. > > gary > > > > > >> 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. >> > > > 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. > 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.
