I'm engaging here, not challenging, trying not to be my usual glib self. So, Judy, you're OK with the 50 sec. clip aspect of this collection, I take it, even for non-PD recordings? Those orphans, etc.? The rest of it, including full renditions, is available to legitimate UCLA users, and I imagine anyone who wanted to be working on the material in depth would want to be in the collection itself, as you point out.
re: Strachwitz/Frontera. The 50 sec. clip combined with the label views of each record, and the indexing, is compelling for research at a distant. That is a related benefit ... "the power of digital" ... but I guess not specifically about the legalities of copying, 108 and so forth. Fabulous material comes to light because of a combination of the two ... the technology and the law that might allow it's extension. I guess I WANT to push the legalities a bit on this stuff. I am sitting in a room, listening to a recording, in an archive. Do I need to physically be there to hear it? There was a time when a/v collections allowed users to be downstairs and control playback by knobs -- that was perfectly OK. I refer to legitimate users. Don't we have an analogous situation today, just more sophisticated? I must say, it is ironic that in the article Strachwitz is quoted stating that UCLA is "chicken" to fully digitize. By the way, based on your recent missives, I suggest the coffee first -- then abundant new thoughts will flow. Randal Baier ----- Original Message ----- From: "Judith P Shoaf" <jsh...@ufl.edu> To: videolib@lists.berkeley.edu Sent: Wednesday, June 1, 2011 6:43:28 AM Subject: Re: [Videolib] UCLA Case Thanks, Anthony, for the article about UCLA's Mexican music collection. Re consistent policies... There is a difference between making copyrighted materials available to enrolled students in a password-protected site (which is the film streaming situation) and putting copyrighted material on the web with free availability to anyone at all. The former case involves educational use as defined in the TEACH act (the legal question being whether they can digitize and stream an entire film, and perhaps whether TEACH covers course management systems in courses that have a standard brick-and-mortar classroom component). The publication of the music collection is untenable unless the music is clearly public domain, or the permissions are obtained. Making digital copies of the non-PD Mexican collection requires recourse to Section 108, which restricts use to the library itself. To me it sounds like what they are doing is perfectly adequate for scholars, who would nevertheless have to come to UCLA to study the full collection. On the other hand, it seems to me that researching the original musicians and publishers of the "orphan" works would be a part of constructing the history of this type of music, and therefore something the library should investigate or into which it should encourage investigation. Judy Shoaf, probably insufficiently caffeinated
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.
