I think that this is what happens when the professionals most closely involved and aligned with content selection and management are not consulted or involved. This is the root of the UCLA issue, as well, in my view.
The LCA/ARL opinions are, in my opinion and only my opinion, abstracted, idealized, and divorced from the realities of the marketplace. It's one thing to support broad fair use rights (which I'll go to my grave doing), and another to scuttle the economic livelihood of content providers upon whom we count for building quality collections. Gary > The problem with The Library Copyright Alliance, Lessig etc. is that they > present a picture of rich greedy studios oppressing poor little libraries > and academics. The educational media companies that work with literally > thousands of independent filmmakers simply can't afford to have their work > ripped off in the way UCLA is doing. It is not simply illegal (I don't > want > to bog this down, but it is pretty absurd to claim "fair use" allows you > stream an entire feature film to a student's home computer so they can > watch > it outside of class or the library), I believe it is extremely unethical > for > institutions and individuals who claim they support research to steal > other > peoples' work. We would all like to work on a fair model that compensates > both filmmakers, distributors while making their works more broadly > available in digital format, but what UCLA did in digitizing and streaming > hundreds of films (many from very poor quality copies) was in my mind as > bad > as Disney telling a nursery school to take down drawings of Mickey Mouse. > > Many of us in the educational film business are shocked at why it seems > OK > to digitize and stream a film in order for a student to see it in their > dorm, but would never think of doing the same thing with textbook, novel > without permission. What exactly is the legal difference that makes it > "fair > use" to copy an entire film, but wrong to do it with books? > > We all need to work on a model that is fair to filmmakers, distributors, > researchers, students etc, but just claiming you can use anything you want > in an academic setting is not the way to do it. By all means lets make > copyright work for pro-library & education agenda, but not at the expense > of > people who created the works being used. > > > > > On Wed, Dec 1, 2010 at 6:42 PM, Hannah Lee <emailhan...@gmail.com> wrote: > >> The problem I see with copyright as it's currently understood is that it >> favors industry rather than educational research-- and libraries, for >> that >> matter. (I don't find it surprising that many of the vocal advocates for >> strict interpretations of copyright law are in the film industry). I'm >> not >> advocating that people disregard copyright law at will-- there is a >> definite >> and needed place for copyright. Rather, I think that people need to >> understand that libraries are a different sort of animal—we’re all about >> sharing resources, after all—and that copyright law needs to include a >> pro-library and education agenda. Whatever you may think about the >> Library >> Copyright Alliance, there is something to be said about the need for a >> pro-library stance towards copyright. Here's their one page copyright >> agenda: >> http://www.librarycopyrightalliance.org/bm~doc/lcatransitionagenda.pdf. >> "LCA's Statement on 'Fair Use: Its Effects on Consumers and Industry'" >> may >> also be helpful regarding this topic. Here's the link: >> http://www.arl.org/bm~doc/arlbr244fairuse.pdf. >> >> I think it's safe to say that something needs to give with our current >> copyright restrictions, especially since digital technology has >> completely >> transformed the way things get produced and published. Back when >> copyright >> laws were first instituted, copying a piece of work took some >> effort--and >> hence, owners of works had the right to "copy." Now, with current >> technology, creating copies is structured in the very nature of the >> technology. >> >> For those of you who are interested in reading more about the history of >> copyright law and the current state of copyright, Lawrence Lessig, a >> Harvard >> law professor (after being at Stanford for many years) and founder of >> Creative Commons, writes extensively about the subject. Many of his >> books >> are available for free online: http://www.lessig.org/. *Free Culture*-- >> which includes a history of copyright law-- is extremely compelling >> reading. >> >> Another copyright activist is Kembrew McLeod, whose book *Freedom Of >> Expression* won the Oboler Award ( >> http://www.pla.org/ala/mgrps/rts/ifrt/awardsfinal/oboler/oboler.cfm). >> The >> book is available for free online: >> http://www.freedomofexpression.us/book.html. >> >> There's an article in *The Journal of Academic Librarianship* (July >> 2010, >> Volume 36, Number 4, pages 351–353) entitled "The Copyright Quagmire" by >> William C. Dougherty that may be of interest here as well. It goes over >> the >> issue of streaming video content through course related websites and >> uses >> UCLA as an example. >> >> My aim here is not to disregard copyright law-- but to think about the >> stakeholders here, and the implications of copyright on libraries and >> educational institutions. >> >> Hannah >> >> >> >> >> >> On Wed, Dec 1, 2010 at 5:13 PM, Lawrence Daressa <l...@newsreel.org> >> wrote: >> > >> > This "opinion letter" from the Library Copyright Alliance is a legal >> > brief in support of a practice which it acknowledges may result in >> > litigation. In this respect, it is incomplete. It does not say how >> much >> > lawyers will charge to pursue such litigation or what penalties might >> > result if its opinion is not upheld. Are the LCA, ARL of CSM prepared >> to >> > "defend and hold harmless" those who trust their adventurous >> > interpretations?. >> > >> > This brief does, however, manage to raise in passing a key issue. >> > Educational film distributors, by definition, distribute films whose >> > explicit purpose is education. Indeed, today, their licensing >> agreements >> > usually stipulate that their titles are "intended primarily for use in >> > mediated instruction." It is hard - at least for an educational >> > distributor - to understand how the use of an entire educational film >> by >> > an educational institution to educate its students would constitute a >> > "transformative use" and hence a fair use. Also, it is difficult for >> us >> > to see how such a fair use would not result in financial injury to an >> > educational distributor since the primary market for educational films >> > in presumably educators. >> > >> > There is a further point. If an educational institution has not >> claimed >> > a fair use exemption in the past for its use of educational films in >> > face-to-face instruction but purchased them as instructional >> materials >> > like a book or blackboard, how can it now claim that its use is a fair >> > use simply because it is used in a "virtual classroom," eg. distance >> > learning or course management software Bookending it with some >> > discussion questions or assigned readings hardly counters this >> argument >> > since educational films have always been used within a context of >> > accompanying print materials. Copyright law is skeptical of such >> > opportunistic conversion experiences. >> > >> > Larry >> > >> > Lawrence Daressa >> > California Newsreel >> > 500 Third Street, #505 >> > San Francisco, CA 94107 >> > phone: 415.284.7800 x302 >> > fax: 415.284.7801 >> > l...@newsreel.org >> > www.newsreel.org >> > -----Original Message----- >> > From: videolib-boun...@lists.berkeley.edu >> > [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of >> > videolib-requ...@lists.berkeley.edu >> > Sent: Wednesday, December 01, 2010 12:26 PM >> > To: videolib@lists.berkeley.edu >> > Subject: videolib Digest, Vol 37, Issue 3 >> > >> > Send videolib mailing list submissions to >> > videolib@lists.berkeley.edu >> > >> > To subscribe or unsubscribe via the World Wide Web, visit >> > >> > https://calmail.berkeley.edu/manage/list/listinfo/video...@lists.berkele >> > y.edu >> > >> > or, via email, send a message with subject or body 'help' to >> > videolib-requ...@lists.berkeley.edu >> > >> > You can reach the person managing the list at >> > videolib-ow...@lists.berkeley.edu >> > >> > When replying, please edit your Subject line so it is more specific >> > than "Re: Contents of videolib digest..." >> > >> > >> > Today's Topics: >> > >> > 1. Re: Streaming within a password protected course management >> > system (ghand...@library.berkeley.edu) >> > 2. Public Libraries and Streaming Video (Vicki Nesting) >> > 3. Re: Streaming within a password protected course management >> > system (Hannah Lee) >> > >> > >> > ---------------------------------------------------------------------- >> > >> > Message: 1 >> > Date: Wed, 1 Dec 2010 10:43:35 -0800 >> > From: ghand...@library.berkeley.edu >> > Subject: Re: [Videolib] Streaming within a password protected course >> > management system >> > To: videolib@lists.berkeley.edu >> > Message-ID: >> > <5a9325b852e4ee357a8483e130e0b90d.squir...@calmail.berkeley.edu> >> > Content-Type: text/plain;charset=utf-8 >> > >> > 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.p >> > df<http://www.librarycopyrightalliance.org/bm%7Edoc/ibstreamingfilms_021 >> > 810.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-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. >> > >> >> > >> >> > > 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 >> > >> > >> > >> > >> > ------------------------------ >> > >> > Message: 2 >> > Date: Wed, 1 Dec 2010 10:48:17 -0800 (PST) >> > From: Vicki Nesting <vnes...@bellsouth.net> >> > Subject: [Videolib] Public Libraries and Streaming Video >> > To: videolib <videolib@lists.berkeley.edu> >> > Message-ID: <818950.99712...@web83912.mail.sp1.yahoo.com> >> > Content-Type: text/plain; charset=us-ascii >> > >> > These questions are for my public library colleagues. Please reply to >> > me off list and if others are interested, I will post compiled >> > responses. >> > >> > 1. Are you offering any form of streaming video for your patrons? >> > >> > 2. If so, what provider(s) are you using? >> > >> > 3. How long have you been offering the service? >> > >> > 4. How much is it being used by your patrons? >> > >> > 5. Are you/your patrons satisfied with the service? (Is it easy to >> > use, does it offer what your patrons want, is it priced reasonably?) >> > >> > 6. Any additional information? >> > >> > Thanks in advance, >> > Vicki >> > >> > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ >> > Vicki Nesting >> > Assistant Director >> > St. Charles Parish Library >> > Destrehan, Louisiana >> > vnes...@bellsouth.net >> > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ >> > >> > >> > >> > >> > ------------------------------ >> > >> > Message: 3 >> > Date: Wed, 1 Dec 2010 15:25:46 -0500 >> > From: Hannah Lee <emailhan...@gmail.com> >> > Subject: Re: [Videolib] Streaming within a password protected course >> > management system >> > To: videolib@lists.berkeley.edu >> > Message-ID: >> > >> > <aanlkti=h3=7abrmteboexfx_vu2jrusfp-h3tfc+1...@mail.gmail.com<7abrmteboexfx_vu2jrusfp-h3tfc%2b1...@mail.gmail.com> >> > >> > Content-Type: text/plain; charset="windows-1252" >> > >> > 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.p >> > df<http://www.librarycopyrightalliance.org/bm%7Edoc/ibstreamingfilms_021 >> > 810.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-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. >> > > >> >> > > >> >> > > > 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. >> > > >> > -------------- next part -------------- >> > An HTML attachment scrubbed and removed. >> > HTML attachments are only available in MIME digests. >> > >> > End of videolib Digest, Vol 37, Issue 3 >> > *************************************** >> > >> > 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. >> >> > > > -- > Jessica Rosner > Media Consultant > 224-545-3897 (cell) > 212-627-1785 (land line) > jessicapros...@gmail.com > 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.
