Gee and I thought the Georgia State case which followed literally dozens of cases on the same subject would make it clear that "fair use" does NOT cover an entire work. Now perhaps I am misunderstanding the question but it sounds like you are talking about an entire work. I am also concerned about the legal nature of the material. You say it was "legally acquired" which I presume means it was a commercially produced copy released by the rights holder and purchased by the instructor. I remain cynical on this in general because I have encountered numerous professors who have taped things off air, bought bootlegs etc and yet claim they are legal copies ( a certain screaming match at an Orphans conference may come to mind re a certain "leading" figure in this issue who claimed just that). If in fact you plan to use short excerpts from genuinely legitimate copies than standard "fair use" applies but anything else would be illegal without permission of the rights holder
108 DOES not apply in any event as it requires the item to have been part of the libraries collection which this material was not. What next Gary find a rare VHS at a tag sale and digitize and circulate because you found one? I would also add that I am a little frustrated/angry at the idea that such a decision depends more or less on how much you want to push the envelope. I tendsee this as code for well nobody is going to catch you and after all it is for a "good" purpose. The use of material is either legal or it is not. There are some grey areas but not nearly as much as is often presented here. Bottom line is that just as the MAJORITY of films ever made are NOT legally available, the majority of legally released material is not available for streaming. Just because you can not find a rights holder or they want too much money or they simply do not want their material streamed or released does not give you the right to do it anyway. On Tue, Jun 19, 2012 at 11:18 AM, <ghand...@library.berkeley.edu> wrote: > Hey Mary Lou > > Well, whether there's a problem or not depends on how wild and wooly your > institution is in interpreting fair use. > > Section 108 (which makes allowances for duplicating legally acquired, > physically at-risk items no longer available for purchase at fair market > prices)allows use of duplicated materials in the library building... More > liberal interpretations of this MIGHT allow for use of such materials in a > classroom... Streaming for access of 108-duplicated materials might > (MIGHT) hold up if access were limited to use within the library physical > plant...access more widely (e.g. off campus by students in a > course)...well, that's pushing things pretty hard. Our lawyer for the > Mellon project I'm involved in is a pretty liberal guy (at least, for a > lawyer)doesn't think it'd fly. The 108 Study Group (which was charged with > looking at that section of the copyright law and making > recommendations)didn't deal with online delivery of 108-eligible material. > > Then there's the whole UCLA, how-and-what-kinda-use-is-fair-use thing... > > If it were me, I wouldn't. Clips, maybe. Whole works, too risky. > > Gary > > > > I am appealing to the collective wisdom of the list! I am helping a > dance > > professor put together an online course on the history of dance. She is > > using multiple library resources - some will be entire programs with > > permissions, some will be entire programs with licensing fees, and others > > will be fair use excerpts. > > > > My question to you all: is there any problem with digitizing vhs > material > > that is the personal property of the faculty member and no longer > > available for us to purchase for the AV Library? They are legally > > acquired copies of the professor, and I would apply the same standards of > > trying to trace rights that I have done for the library material. We > > would not be keeping copies in the AV Library. The digitizations are > > strictly for the online course the professor is teaching. > > > > I don't think that there is a problem, but I thought that I would check > it > > out with my colleague experts!! > > > > > > Mary Lou Neighbour > > AV Librarian/Assistant Professor > > Montgomery County Community College > > 340 DeKalb Pike > > Blue Bell, PA 19422 > > mneig...@mc3.edu 215-619-7355 > > > > > > > > > > > > > > ________________________________ > > Montgomery County Community College is proud to be designated as an > > Achieving the Dream Leader College for its commitment to student access > > and success. > > 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. >
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.
