Take your questions to ARL, Jessica. Or take them to Pat Aufderheide and her group. Most of us were not involved in developing the recent guidelines. Furthermore, most of us have very little control over what goes on in the broader administration of institutions in which we work (many times despite concerted efforts to work with administrators and faculty on significant intellectual property issues).
It is positively not productive to endlessly spar on this list. While I think continuing civil discourse about these issues is definitely in order and welcomed, this list is in danger of becoming one endless copyright and fair use slug-fest. I've received a number of off-list notes of concern about this and, more disconcertingly, I notice a definite increase in the number of unsubscribe requests lately. As moderator (and originator) of the list, I really can't allow that to happen. There's much too much other work, and too many other issues to tackle. The issues we've been batting around will eventually be settled by case law, or by the testing and defining of fair use applications in other legal arenas. It is clear to me that the various sides of these issues have been more than thoroughly aired, and, at this point, unless there are really sage and unique insights to be had, all we're doing is spinning wheels. Again, unless I hear from members of this list that they have an overriding need to hear these issues and complaints beaten to a bloody pulp, we need to move on, and I need to make that happen one way or the other. Gary > Not going to happen Gary. That was indeed a sarcastic response but when > people continue to write things and deliberately and systematically > misstate copyright law ( some things are open to interpretation, others > are > not) I will respond ( I certainly do not need Mike) In a matter of weeks > we > have seen a chunk of the library establishment condone a level of > copyright > infringement that is staggering and they have largely focused it on media > rather than books. I still don't see ARL suggesting you can scan and > stream > books for a course and about the only response I get when I actually quote > case law and literal factual errors is > "This exact issue has never been decided" or that I am paranoid. There is > again a clear and unambiguous case law in from two Federal appeals courts > stating that while the exact portion of fair use is debatable the copying > of significant portions of written works is a a violation of "Fair Use". > At > no time in the nearly 20 years since the first case was decided did an > institution or group claim that because the cases involved "for profit" > entities "non profit" entities could in fact use more let alone all of a > work. In addition there is a case from the 80s in which a consortium of > schools copied and distributed entire films and TV programs and they were > completely bitched slapped down because despite the fact they were non > profit they could NOT copy and use whole films in classes both because it > violated the amount that could be used under fair use and it directly > effected the profits of rights holders. Why exactly is this never > mentioned? I am still waiting for anyone supporting the code or similar > views to explain upon one legal basis they now believe they can copy and > stream whole films. As noted in my previous email I remain beyond startled > even by my standards that Pat would suggest as source for copyright a > site > which literally eliminates the issue of loss of revenue for a rights > holder > from the debate,basically telling anyone relying on their site that it is > not part of copyright law. > > I get that I rant but I still await specific answers to questions I have > posed and will again post the key wording in the Kinko's case > and ask upon what legal basis would this not apply to non for profit > institutions. > > "The mere fact that the portions copied by Kinko’s were those that the > college > professor singled out as being critical parts > of the books demonstrates that even if not “the heart of” the works > in question, the parts copied were substantial in quality. Thus, > with regard to this factor, the court finds for the publishers > because Kinko’s is copying substantial portions of the work" > > > > On Mon, Feb 27, 2012 at 2:30 PM, <ghand...@library.berkeley.edu> wrote: > >> Enough Jessica. This simply is not a productive response. >> >> We need to move on for the moment. >> >> Gary >> >> >> >> > You missed the memo Mike. You can copy and stream any film or book >> ever >> > made or published so long as a professor tells you he needs it. ARL >> etc >> > have said so and you longer have to worry about actual copyright law >> or >> > numerous legal cases that say otherwise. >> > >> > I am in an especially snarky mood today. I just found a major academic >> > institution has >> > "scheduled" an open campus showing of a film JUST BEING released in >> > theaters and not available on DVD ANYWHERE in the world. I am sure >> ARL, >> > PAT >> > & Michael will find a way to justify that as well. After it is part of >> > "educational" institution and sponsored by faculty. >> > >> > On Mon, Feb 27, 2012 at 12:34 PM, Schmitt, Mike <schmi...@uwgb.edu> >> wrote: >> > >> >> There seems to be this notion from faculty at my campus that they can >> >> take >> >> a program with copyright and place the entire movie on D2L or other >> >> online >> >> sources. I don't believe a campus has the right to place an entire >> >> program >> >> online for students to watch at their convenience. I don't believe >> the >> >> TEACH Act or Fair Use cover this type of situation. If someone can >> >> point >> >> to a particular piece of copyright law that would illustrate this >> that >> >> would be helpful. >> >> >> >> Does anyone have specific examples of campuses be targeted/fined for >> >> copyright infringement? >> >> >> >> I would appreciate any assistance you can provide. >> >> >> >> Thanks, >> >> >> >> Mike Schmitt >> >> UW-Green Bay >> >> >> >> 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. >> > > > > -- > 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.
