Hi Pat I'd say you need to acquire a license; others may not. I personally would find it very difficult claiming fair use or TEACH exemptions in such a case.
gary handman > Hi all, > > Let me clarify-the films streamed are documentaries produced for > educational use-not feature films. The class, however, is not a > distance education class but a face-to-face 'regular' college course, > and we do have legally acquired hard copies of the titles on reserve for > viewing in the library. > > Pat McGee > > > > Coordinator of Media Services > > Volpe Library and Media Center > > Tennessee Technological University > > Campus Box 5066 > > Cookeville, TN 38505 > > 931-372-3544 > > > > > > > > From: videolib-boun...@lists.berkeley.edu > [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Dennis Doros > Sent: Friday, November 12, 2010 11:11 AM > To: videolib@lists.berkeley.edu > Subject: Re: [Videolib] Streaming within a password protected course > management system > > > > Gary, to be fair, I did bring UCLA up in my first email and suggested > this is all up in the air. And also to be fair, Pat would have to > further elaborate on the films being streamed and how they're being > used. By her use of the term "movies," I'm assuming full-length > entertainment features, but I may be absolutely wrong. > > > > As for UCLA's case, that is their point of view and is not a legally > proven judgement. Hopefully, a judge will decide and legal precedent > either way will be established. > > > > And my feelings when UCLA includes in this release, "foreign-language > films for linguistic and foreign-language courses" as permissible is > something I object to in several different ways. > > > > 1) It seems to be full-length films UCLA is talking about and they're > not educational films per se. > > 2) They're obviously circumventing encryption. > > 3) They're implying that only foreign language films have a role in > education and/or that they're not "real" entertainment for anybody > outside the classroom. I know this is an absolute contradiction with my > two first two objections, but I did find this objectionable in terms of > how foreign films are seen by the public. > > > > And just to mention, this is primarily UCLA's IT department speaking. I > do know other departments there at UCLA that find this stance highly > objectionable but cannot comment publicly. > > > > Milestone has not taken legal sides on this case because I think it > needs to be handled by further revisions in the Copyright laws and > mediation will be the best way for distributors and educators to solve > this mess. I'm also on the board of the Association of Moving Image > Archivists and in that position, I have to represent the 1000+ members > (including studios, archives, educators and librarians) that are on both > sides of this fence. By I do know that the transference of formats > without pay is going to hurt the business end of filmmaking, restoration > and distribution and will adversely affect us all in the future if basic > and fair compensations aren't able to be worked out. Already, the > illegal bit torrent use by individuals has sharply reduced the number of > titles being released in the US. > > > > Dennis > > > > On Fri, Nov 12, 2010 at 11:42 AM, <ghand...@library.berkeley.edu> wrote: > > Ding ding ding ding > > "why this should not happen" is currently being hotly contested: see > the > UCLA case: > http://newsroom.ucla.edu/portal/ucla/campus-to-re-start-streaming-of-154 > 601.aspx > > gary handman > > >> Hi all, >> >> I hate to raise this issue again, but apparently the computer geeks on >> campus are streaming movies for faculty in a password protected course >> mgt system without bothering to get permission/ license. Does anyone >> have a concise summary of why this should not happen? >> >> >> >> Many thanks. >> >> Pat McGee >> >> >> >> Coordinator of Media Services >> >> Volpe Library and Media Center >> >> Tennessee Technological University >> >> Campus Box 5066 >> >> Cookeville, TN 38505 >> >> 931-372-3544 >> >> >> > >> 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. > > > > > -- > Best, > Dennis Doros > Milestone Film & Video/Milliarium Zero > PO Box 128 > Harrington Park, NJ 07640 > Phone: 201-767-3117 > Fax: 201-767-3035 > email: milefi...@gmail.com > www.milestonefilms.com > > www.ontheboweryfilm.com > www.arayafilm.com > www.exilesfilm.com > www.wordisoutmovie.com > www.killerofsheep.com > AMIA Philadelphia 2010: www.amianet.org > Join "Milestone Film" on Facebook! > > > > 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.
