The bottom line is, Hannah, it's gonna take test cases to solve this. There are no existing "legal realities" in this area--only informed opinion and speculation.
Colleagues and I have been advocating and generally working our brains out on these issues for years... Gary By the way: the original intent of the copyright law was NOT to make works more accessible. The intent (as expressed in the Constitution) was to encourage intellectual production and creative work by protecting the rights of copyright holders. Copyright is and has always been all about property rights...ergo monetary. What seems to be at risk these days--and which must be defended--is fair use...the notion that certain cultural uses trump these property rights. > Hi Gary-- I'd like to think that the brief reflects legal realities, at > least in an ideal world. The copyright landscape is becoming increasingly > oppressive, and the whole point of copyright is losing its original > purpose-- which was to make works more accessible. It seems as if > copyright > is now framed in monetary terms, which isn't how the argument should be > framed. > > These are the people who drafted the brief-- Jonathan Band, Brandon > Butler, > Kenneth Crews, and Peter Jaszi. According to the brief, "Jonathan Band is > legal counsel for LCA. Brandon Butler is the Law and Policy Fellow at the > Association of Research Libraries. Kenneth Crews is Director of the > Copyright Advisory Office at Columbia University. Peter Jaszi is Faculty > Director of the Glushko-Samuelson Intellectual Property Clinic at the > Washington College of Law at American University." Perhaps media > librarians > should do some advocating if they'd like a voice in these matters. > > Hannah > > > > On Wed, Dec 1, 2010 at 1:43 PM, <ghand...@library.berkeley.edu> wrote: > >> uh...well OK...This is part of ARL's response to the UCLA case. I think >> the jury is still definitely out, despite what ARL thinks. The thing >> that's frustrating about this pronouncement is the fact that it was >> shepherded thru without any participation whatsoever from media >> librarians--in other words, it was developed in a vacuum and may not >> reflect working or legal realities. >> >> gary handman >> >> >> >> > Hello--the Library Copyright Alliance (which is affiliated with ALA, >> > ACRL, and ARL) has issued a brief that goes over the issue of >> > streaming an entire film in a remote non-classroom location. Here's >> > the link to the eight page brief: >> > >> http://www.librarycopyrightalliance.org/bm~doc/ibstreamingfilms_021810.pdf<http://www.librarycopyrightalliance.org/bm%7Edoc/ibstreamingfilms_021810.pdf> >> < >> http://www.librarycopyrightalliance.org/bm%7Edoc/ibstreamingfilms_021810.pdf >> > >> > >> > In short, they state that the "three provisions of the Copyright Act >> > ... could permit streaming of this sort: Sections 107, 110(2), and >> > 110(1). While all three provisions may apply, Section 107 fair use is >> > perhaps the strongest justification." >> > >> > >> > Hannah >> > >> > On Fri, Nov 12, 2010 at 3:51 PM, Shoaf,Judith P <jsh...@ufl.edu> >> wrote: >> > >> >> If the documentaries are designed to accompany the textbook, the >> >> publishers >> >> may be willing to give permission for the streaming version as an >> >> ancillary. >> >> >> >> If the documentaries are designed to accompany a textbook not used in >> >> the >> >> course, they can’t be used, I believe. >> >> >> >> If they are independent documentaries, they should be shown in class. >> >> Probably for distance ed they could be streamed if certain >> restrictions >> >> are >> >> observed (posted only for a short time, e.g.). The fact that some >> >> distributors of educational documentaries are offering streaming >> rights >> >> and >> >> streaming versions points towards an interpretation that these >> materials >> >> are >> >> for sale and cannot be turned into an electronic reserve. >> >> >> >> >> >> >> >> Am I right about this? >> >> >> >> >> >> >> >> Judy >> >> >> >> >> >> >> >> *From:* videolib-boun...@lists.berkeley.edu [mailto: >> >> videolib-boun...@lists.berkeley.edu] *On Behalf Of *Pat Mcgee >> >> *Sent:* Friday, November 12, 2010 1:40 PM >> >> >> >> *To:* videolib@lists.berkeley.edu >> >> *Subject:* Re: [Videolib] Streaming within a password protected >> course >> >> management system >> >> >> >> >> >> >> >> 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-154601.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. >> >> >> >> >> > 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.
