I found this a particularly interesting summation (from the Duke blogger): What solace the higher education market can take from this case is in a few lines in which the judge seems to accept without discussion two assertions - that streaming is not a "distribution" such as to infringe the exclusive right to authorize distribution, and that copying incidental to a licensed right (the right of public performance) was fair use. These points were not, as I say, discussed or unpacked, just accepted as part of a general dismissal of the copyright infringement claim for "failure to state a claim upon which relief can be granted." Thus this ruling does not offer the higher ed community a slam-dunk fair use victory, it merely sharpens a couple of the arrows in the quiver of that argument.
What seemed a little bizarre to me was the author noting how UCLA did not, in the end, need to make the claim that streaming, as a potentially public performance, was justified under section 110. Is that what the UCLA attorneys would likely have argued - that having PPR licenses meant they could stream, *because* streaming is a form of public performance? I guess I thought the issue was of the right to transfer the format itself (from DVD to streaming), not whether streaming constituted a public performance. Or is that really neither here nor there? Susan at Wabash From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Hallman, Philip Sent: Tuesday, October 04, 2011 10:26 AM To: videolib@lists.berkeley.edu Subject: [Videolib] Case dismissed against UCLA! Two articles of interest this morning: http://blogs.library.duke.edu/scholcomm/2011/10/04/streaming-video-case-dismissed/ http://www.aime.org/news.php?download=nG0kWaN9ozI3plMlCGRm&u=111004120000 Philip Hallman Film Studies Librarian Donald Hall Collection Dept of Screen Arts & Cultures / Hatcher Graduate Library 105 S. State Street 6330 North Quad Ann Arbor, MI 48109
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.
