Are we disagreeing? I don't read it that way, Dennis... Gary
> And I hate to (sorta, kinda) disagree with my friend Gary a week before he > leaves us and I do understand that pushing the boundaries is something > libraries are doing because, frankly, there's a growing movement, budgets > are extremely tight and more importantly distributors don't want to > prosecute. Let's face it, if a producer -- right or wrong -- sued > everybody, there'd be a lot less discussion. But I think people will > follow > this reasoning as that 25% right plus 25% right plus 25% right plus 25% > right makes it possibly 100% right. I know you couched it in terms of > "might" but I truly believe it's correct in this kind of situation to be > clearing it with the licensor since it's so iffy in its entirety. > > Bestest, > Dennis > > 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. >> > > > > -- > Best regards, > Dennis Doros > Milestone Film & Video/Milliarium Zero > PO Box 128 / Harrington Park, NJ 07640 > Phone: 201-767-3117 / Fax: 201-767-3035 / Email: milefi...@gmail.com > Visit our main website! www.milestonefilms.com > Visit our other websites! www.comebackafrica.com www.yougottomove.com > www.ontheboweryfilm.com www.arayafilm.com www.exilesfilm.com > www.wordisoutmovie.com www.killerofsheep.com > <http://www.killerofsheep.com/> > Support "Milestone Film" on > Facebook<http://www.facebook.com/pages/Milestone-Film/22348485426> > and Twitter <https://twitter.com/#!/MilestoneFilms>! > See the website: Association of Moving Image > Archivists<http://www.amianet.org/> and > like them on > Facebook<http://www.facebook.com/pages/Association-of-Moving-Image-Archivists/86854559717> > > AMIA 2012 Conference, Seattle, WA, December > 4-7!<http://www.amiaconference.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.
