This is a little out of context since I'm picking this up a day late but amidst the conversation you noted the TEACH Act doesn't cover fiction features. It doesn't cover the use of entire features but otherwise doesn't distinguish between fiction and fact-based works in what it covers.
On Thu, May 26, 2011 at 5:01 PM, Jessica Rosner <jessicapros...@gmail.com> wrote: > I understand that, but they are breaking copyright by digitizing and > streaming entire films and rather than hiding behind sovereign immunity they > should base their claim directly on fair use. ( I don't see how TEACH ACT > would apply since the overwhelming number of titles they streamed including > the ones from Ambrose were fiction features.). The way librarians > understandably feel when a distributor says you have to pay more even if > they sell cheaply to individuals because you are an institution is exactly > how I feel about this. We don't have to pay or follow the law because we are > an educational institution. > > On Thu, May 26, 2011 at 4:55 PM, Ball, James (jmb4aw) > <jmb...@eservices.virginia.edu> wrote: >> >> I would be surprised if UCLA is transmitting videos to individual >> computers, I’m pretty sure that students are accessing them through a course >> management system, which limits access to specific students who are >> registered for a specific class. If that’s the case then I’m not sure >> Elizabeth’s PBS analogy holds up. I also don’t think that PBS is >> considered a non-profit educational institution. >> >> >> >> Matt >> >> >> >> ________________________________________ >> >> >> >> Matt Ball >> Media and Collections Librarian >> University of Virginia >> Charlottesville, VA 22904 >> mattb...@virginia.edu | 434-924-3812 >> >> >> >> From: videolib-boun...@lists.berkeley.edu >> [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner >> Sent: Thursday, May 26, 2011 4:42 PM >> >> To: videolib@lists.berkeley.edu >> Subject: Re: [Videolib] UCLA Case >> >> >> >> Oh heck no. They are streaming to the students computers and I am pretty >> sure much of that is even off campus. Basically if a professor asks for a >> film to be streamed to a student they stream it. If it was to the class >> rooms I don't think companies would be upset. >> >> On Thu, May 26, 2011 at 4:27 PM, Ball, James (jmb4aw) >> <jmb...@eservices.virginia.edu> wrote: >> >> Isn't UCLA streaming to specific classes through a password-protected >> course management system? >> >> Matt >> >> ________________________________________ >> >> Matt Ball >> Media and Collections Librarian >> University of Virginia >> Charlottesville, VA 22904 >> mattb...@virginia.edu | 434-924-3812 >> >> -----Original Message----- >> From: videolib-boun...@lists.berkeley.edu >> [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Elizabeth Sheldon >> Sent: Thursday, May 26, 2011 3:55 PM >> To: videolib@lists.berkeley.edu >> Subject: Re: [Videolib] UCLA Case >> >> I would like to add to Jessica's note that this is the equivalent of a >> local PBS station buying DVDs from Amazon and broadcasting them in their >> community without paying a license to the copyright holder. Jessica is >> correct that many of the films that ULCA has encoded and streamed were >> purchased at retail prices and were sold for home use before the emergence >> of new technologies. Some of the distributors did not require that >> institutions purchase PPR as they understood the copyright law and the >> exemptions but that does not mean that a de facto right to stream the films >> was included with the purchase of the DVD from Amazon or any other retail >> outlet, or even if purchased with PPR. Coming from the world of television >> broadcast, I can reassure you that Netflix or any other provider that offers >> films for streaming acquired the rights to do so and paid specifically for >> them and did not say, "Oh, we distribute the DVD therefore we have the right >> to stream it... for no additional lic >> ensing fee to the copyright holder." >> >> Best, >> >> Elizabeth >> >> Elizabeth Sheldon >> Vice President >> Kino Lorber, Inc. >> 333 W. 39th St., Suite 503 >> New York, NY 10018 >> (212) 629-6880 >> >> www.kinolorberedu.com >> >> On May 26, 2011, at 3:20 PM, Jessica Rosner wrote: >> >> > I am well aware of the issues and details Roger. Perhaps you would tell >> > me if it is UCLA's position that the "virtual classroom" also permits the >> > library to scan and post copyrighted books that students are assigned in >> > classes so that they need not buy them, watch them in class or check them >> > out of the library? I am dead serious about wanting to know because legally >> > that is what UCLA is doing in digitizing full lengh feature films and >> > streaming them to a students computer wherever they may be. >> > >> > Of course in the end this case actually solved nothing since UCLA >> > appears to be getting off on technicalities and not if such a practice is >> > legal. The overwhelming majority of titles streamed by UCLA did NOT come >> > with Public Performance Rights. UCLA is taking $25 or less retail DVDs and >> > old VHS copies and streaming them by the thousands. >> > >> > On Thu, May 26, 2011 at 1:16 PM, Brown, Roger <rbr...@oid.ucla.edu> >> > wrote: >> > Hi, >> > >> > As a (relatively new) member of the UCLA community dealing with the >> > ramifications of this issue daily, I'd like to point out that not all >> > the >> > facts expressed here on this listserv are correct in re UCLA's policies. >> > >> > The real issue is in getting clarification on what is allowable in a >> > "virtual classroom environment" and what that is exactly. And if >> > digital >> > streaming of a legally acquired copies, with or without certain rights >> > stated or implied, can be part of (all of) our missions. >> > >> > The rules, policies, and interpretations are changing almost daily on >> > this >> > issue. >> > >> > >> > Best, >> > >> > >> > Roger Brown >> > Manager >> > UCLA Instructional Media Collections & Services >> > 46 Powell Library >> > Los Angeles, CA 90095-1517 >> > office: 310-206-1248 >> > fax: 310-206-5392 >> > rbr...@oid.ucla.edu >> > >> > >> > >> > >> > > >> > >------------------------------ >> > > >> > >Message: 2 >> > >Date: Thu, 26 May 2011 16:09:51 +0000 >> > >From: Susan Albrecht <albre...@wabash.edu> >> > >Subject: Re: [Videolib] UCLA Case >> > >To: "videolib@lists.berkeley.edu" <videolib@lists.berkeley.edu> >> > >Message-ID: >> > > >> > ><eb1e4106a574f649aeed38d97d0273bc6668f...@ex2010mailstore.wabash.main> >> > >Content-Type: text/plain; charset="us-ascii" >> > > >> > >Thank you for the text, Peter. >> > > >> > >One further question. Is anyone in a position to know whether, for >> > >*each* film UCLA streamed, it truly had paid for PPR? I know that >> > > still >> > >doesn't address, for a lot of us, the issue of format change, but I'm >> > >curious whether UCLA really thought ahead enough to limit its streamed >> > >offerings to those for which it had obtained PPR, and never streamed, >> > > for >> > >instance, a feature film.... >> > > >> > >Susan >> > > >> > > >> > >-----Original Message----- >> > >From: videolib-boun...@lists.berkeley.edu >> > >[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Peter Hartogs >> > >Sent: Thursday, May 26, 2011 12:00 PM >> > >To: videolib@lists.berkeley.edu >> > >Subject: Re: [Videolib] UCLA Case >> > > >> > >Law360, New York (May 2, 2011) -- A federal judge in California >> > > indicated >> > >Monday she would dismiss a breach of contract suit alleging the >> > >University of California, Los Angeles, violated the copyrights of >> > >educational video makers when it implemented a system for streaming >> > >videos online to students and faculty. >> > > >> > >The tentative ruling, if entered, would bring clarity to the rights of >> > >colleges and universities that argue the public performance rights they >> > >purchased with educational films give them the legal authority to bring >> > >videos into the virtual classroom space. >> > > >> > > >> > > >> > >"The court's tentative would be to grant the motion to dismiss," U.S. >> > >District Judge Consuelo B. Marshall told attorneys in the case Monday. >> > >"The big issue is whether plaintiffs' counsel will seek leave to >> > > amend." >> > > >> > >The judge indicated that granting leave to amend in the case was not a >> > >foregone conclusion. >> > > >> > >Attorneys for the Association for Information Media and Equipment, a >> > >national trade association of educational content producers and >> > >distributors, filed an amended complaint in February arguing that UCLA >> > >and top school administrators breached contracts and violated >> > > copyrights >> > >when they deployed Video Furnace, a system that allowed students and >> > >teachers to stream videos like "The Plays of William Shakespeare" over >> > >the Internet. >> > > >> > >Ambrose Video Publishing Inc., the Shakespeare film's distributor, is >> > >also a plaintiff in the action. AVP offers its own video streaming >> > >service, Ambrose 2.0, the complaint says. >> > > >> > >The plaintiffs argue that after they confronted UCLA with possible >> > > legal >> > >action, the school suspended use of its online streaming system. But >> > >"after a winter-break period of reflection," the school brought the >> > >system back online, according to the complaint. >> > > >> > >"We have exhibits showing that the decision to stop and restart >> > > streaming >> > >was made at the highest levels of the school's administration," >> > > attorney >> > >Arnold Lutzker, who represents the plaintiffs, told the judge. >> > > >> > >The complaint accuses UCLA of hypocrisy, applying for over 1,700 >> > >copyrights in the past three decades and vowing in policy statements to >> > >uphold copyright law, even as its streaming system violated the >> > >copyrights of PBS Video, Icarus Films and other AIME members. >> > > >> > >The university's video streaming system "does not have to be an >> > >educational setting," the complaint said. "For example, the student >> > > with >> > >access to the UCLA network can be in a WiFi hot spot anywhere, such as >> > > at >> > >Starbucks coffee shops off campus." >> > > >> > >But attorneys for UCLA countered that the videos at issue had come with >> > >an unambiguous license printed in bold on the Ambrose video catalog: >> > > "All >> > >purchases by schools and libraries include public performance rights." >> > > >> > >The streaming system only allows students to play videos online if an >> > >instructor assigns the video and only if they are currently enrolled in >> > >the class, according to UCLA >> > > >> > >This use, the university argues, was permitted by the public >> > > performance >> > >rights that Ambrose explicitly granted. >> > > >> > >Attorneys for UCLA also claim that the plaintiffs' state law causes of >> > >action are preempted by the federal Copyright Act., that AIME doesn't >> > >have standing to bring suit on behalf of its members and that >> > > University >> > >of California administrators are constitutionally immune from suit in >> > >federal court. >> > > >> > >In a statement issued in March 2010, UCLA's vice provost of information >> > >technology Jim Davis described the school's decision to restart >> > > streaming >> > >as a principled stance. >> > > >> > >"We're well aware the outcome of this dispute could affect other >> > >educational institutions, and it's important that UCLA take a >> > > leadership >> > >role and demonstrate just how critical the appropriate use of >> > > technology >> > >is to our educational mission." >> > > >> > >The complaint lists 11 counts, including copyright infringement, breach >> > >of license agreement and illegal circumvention of copyright protection >> > >systems under the Digital Millennium Copyright Act. It seeks injunctive >> > >relief, actual and punitive damages, statutory damages, and attorneys' >> > >fees. >> > > >> > >A representative for AIME declined to comment Monday. A representative >> > >for UCLA pointed to the school's March 2010 statement. >> > > >> > >The plaintiffs are represented by Lutzker & Lutzker and Mulcahy LLP. >> > > >> > >The defendants are represented by Keker & Van Nest LLP. >> > > >> > >The case is Association of Information Media and Equipment et al. v. >> > > The >> > >Regents of the University of California et al., case number >> > >2:10-cv-09378, in the U.S. District Court for the Central District of >> > >California. >> > > >> > >--Editing by Chris Giganti. >> > > >> > >Peter Hartogs >> > >Vice President, Business Development >> > >Landmark Media >> > >3450 Slade Run Drive >> > >Falls Church, VA 22042 >> > >pe...@landmarkmedia.com >> > >www.landmarkmedia.com >> > >703-241-2030 >> > >1-800-342-4336 >> > >703-536-9540 (fax) >> > > >> > >-----Original Message----- >> > >From: videolib-boun...@lists.berkeley.edu >> > >[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Susan >> > > Albrecht >> > >Sent: Thursday, May 26, 2011 11:56 AM >> > >To: videolib@lists.berkeley.edu >> > >Subject: Re: [Videolib] UCLA Case >> > > >> > >Since I don't feel like signing up for a free trial, do you care to >> > >summarize the juicy bits? Does it offer any explanation for the >> > > judge's >> > >inclination? >> > > >> > >Susan >> > > >> > > >> > >-----Original Message----- >> > >From: videolib-boun...@lists.berkeley.edu >> > >[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of >> > >ghand...@library.berkeley.edu >> > >Sent: Thursday, May 26, 2011 11:37 AM >> > >To: videolib@lists.berkeley.edu >> > >Subject: [Videolib] UCLA Case >> > > >> > >Wow...I'm really surprised. >> > > >> > >> > > >http://www.law360.com/articles/242725/ucla-streaming-video-copyright-case- >> > >on-thin-ice >> > > >> > > >> > > >> > > >> > >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. >> > > >> > > >> > > >> > >End of videolib Digest, Vol 42, Issue 110 >> > >***************************************** >> > >> > >> > 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. >> >> >> 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. >> > > > > -- > 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. > > -- Chris Lewis Media Librarian American University Library 202.885.3257 For latest Media Services News visit our blog at http://aulibmedia.blogspot.com Please think twice before printing this e-mail. 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.
