Jessica, Gary,
The prof who posed the question teaches a documentary filmmaking class
in the history department. Although the class is not taught in the
College of Mass Communication, its purpose is to teach students how to
create documentaries, the final class project being to create a short
one. A student enrolling in the class can petition the director of our
Film Studies Interdisciplinary Minor to have it approved for completion
of the minor credits. I consider these students among those who were
granted permission to break encryption for fair use purposes. The
collection in question is licensed/legally acquired, but I had not
thought through the copyright/contract issue far enough to remember that
contracts trump fair use. Unfortunately, I do not have the budget to
acquire hard copies of everything in the streamed collections. However,
I will suggest that this prof's students check our hard copy collection
for the titles they need. My next step will be to our legal guys for a
"considered opinion." Will probably end up contacting the provider as well.
Thanks again,
Gail
On 10/21/2011 4:25 PM, Jessica Rosner wrote:
I agree generally but you would really need to say what is involved.
There are in fact significant
restrictions in most streaming licenses. The most basic is that you
can not download or copy the material and as that is specific and
contractual I think it would indeed hold up in court and would
supersede "fair use". What is confusing me is what the students want
to do? If they want to create some new work using clips I think that
would likely be illegal IF they are using material that was licensed
for streaming and forbid any copying. It would far better for them to
simply use a physical copy to obtain any clips. Also depending on what
they are trying to do , one could ask the rights holder for
permission. Having already licensed the material for streaming there
is a good chance they would grant permission to use a clip from it for
a student project but again if the license specifically forbid copying
you would need to ask.
On Fri, Oct 21, 2011 at 4:57 PM, <ghand...@library.berkeley.edu
<mailto:ghand...@library.berkeley.edu>> wrote:
Hey Gail
I'd say yeah, definitely, unless FU is trumped by specific contractual
language which forbids certain uses (I've haven't seen any such
language
so far--at least in the licenses we've signed). Even if the
contract DID
somehow short-circuit fair uses (i.e. clips for use in course-related
projects), my guess is that it wouldn't stand up in court.
Gary Handman
> Is an institution's licensed video streaming content covered by
fair use
> for said institution's students who want to use guideline compliant
> portions of that content for fair use compliant purposes? I want
to say
> yes, but hesitate to do so without input from the collective
wisdom. I
> don't remember prior discussion concerning this permutation of
fair use.
> Thanks in advance,
> Gail
>
>
>
> Gail B. Fedak
>
> Director, Media Resources
>
> Middle Tennessee State University
>
> Murfreesboro, TN37132
>
> Phone: 615-898-2899 <tel:615-898-2899>
>
> Fax: 615-898-2530 <tel:615-898-2530>
>
> Email: gfe...@mtsu.edu <mailto:gfe...@mtsu.edu>
<mailto:gfe...@mtsu.edu <mailto:gfe...@mtsu.edu>>
>
> Web: www.mtsu.edu/~imr <http://www.mtsu.edu/%7Eimr>
<http://www.mtsu.edu/%7Eimr>
>
> "Education is a progressive study of your own ignorance." --
Will Durant
>
> 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 <tel:510-643-8566>
ghand...@library.berkeley.edu <mailto: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.
--
Jessica Rosner
Media Consultant
224-545-3897 (cell)
212-627-1785 (land line)
jessicapros...@gmail.com <mailto: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.
--
Gail B. Fedak
Director, Media Resources
Middle Tennessee State University
Murfreesboro, TN37132
Phone: 615-898-2899
Fax: 615-898-2530
Email: gfe...@mtsu.edu <mailto:gfe...@mtsu.edu>
Web: www.mtsu.edu/~imr <http://www.mtsu.edu/%7Eimr>
"Education is a progressive study of your own ignorance." -- Will Durant
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.
