108 requires that the material be from the libraries own collection, these belonged to an outside party who asked the library to stream them for their class.. 108 is the contentious section regarding "preservation & copying" of at risk materials, it is not a free pass for a library to find a beat up copy of a rare film and make a circulating DVD. You can use clips from any legal copy so 108 is irrelevant. For the purposes of classroom exhibition or clip use the copy only needs to be legal, if an institution is going to claim it bought a copy that is now at risk it can't make that claim on a copy it does not own and never bought.
I would also point out that while it is moot because the rights holder has given permission I am not all that clear on the legal status of the copy in question. I make no judgements on these situation but I have been involved in many situation where someone who was involved in a film has a personal copy, but it is not in fact a legal copy for the purposes of distribution. Obviously commercial produced and sold copies are legal copies but more than a few instructors have presented copies that most definitely are not. On Wed, Jun 20, 2012 at 11:48 AM, <ghand...@library.berkeley.edu> wrote: > 108 was most certainly on point...weren't the items in question identified > as no longer in commercial distribution? > > gary > > > > Judy > > I don't disagree on your answer but actually that is not what she was > > asking or at least that was not clear to me. It turns out she did > > apparently want permission for an entire program and in fact got it. At > > least that is how it sounded to me, Also Gary bringing in 108 which was > > not on point here but brings up the increasing problem of libraries > simply > > copying all VHS titles to DVD if a rights holder has for any reason not > > made it available on a retail DVD does set me off. I have no problem and > > never had any problem with the use of clips and I think the studios were > > IDIOTS for opposing this, however when you have schools AND major library > > groups and organizations asserting the right to > > digitize and stream entire feature works without permission rights > > holders > > do tend to freak out. > > > > This was a case of everything being done exactly right AND a rights > holder > > giving permission, sadly this is just > > not what happens most of the time. > > > > On Wed, Jun 20, 2012 at 11:10 AM, Shoaf,Judith P <jsh...@ufl.edu> wrote: > > > >> I wanted to reply to this because nobody seems to be paying attention > >> to > >> what Mary Lou actually says: > >> > >> ** ** > >> > >> 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.**** > >> > >> ** ** > >> > >> So she is saying that there are 3 categories of items to be used: **** > >> > >> Entire programs WITH PERMISSIONS**** > >> > >> Entire programs WITH LICENSING FEES**** > >> > >> Fair use EXCERPTS.**** > >> > >> ** ** > >> > >> This has nothing to do with streaming an entire program without > >> permissions/licensing. Mary Lou seems to have a clear grasp of the > >> difference between a legal and an illegal copy. The question is whether > >> she > >> can use a lawfully acquired (i.e. not taped off TV) copy that does not > >> belong to the library as the basis of digital materials for educational > >> purposes.**** > >> > >> ** ** > >> > >> My thought is this: she needs to specify when she asks for the > >> permissions > >> and licensing fees for the entire programs whether the library can use a > >> privately-purchased copy as the basis for the digital version. In the > >> case > >> of the items she describes, where she has permission, surely she could > >> ask > >> the same source for permission to use the instructor’s copy. **** > >> > >> ** ** > >> > >> But with respect to the clips, which would be governed by fair use, > >> surely > >> the Rulemaking of 2009, which Gary was so instrumental in obtaining, > >> would > >> be a useful guide:**** > >> > >> Motion pictures on DVDs that are lawfully made and acquired and that are > >> protected by the Content Scrambling System when circumvention is > >> accomplished solely in order to accomplish the incorporation of short > >> portions of motion pictures into new works for the purpose of criticism > >> or > >> comment, and where the person engaging in circumvention believes and has > >> reasonable grounds for believing that circumvention is necessary to > >> fulfill > >> the purpose of the use in the following instances:**** > >> > >> (i) Educational uses by college and university professors and by > >> college > >> and university film and media studies students; (2 other situations)**** > >> > >> http://www.copyright.gov/1201/2010/**** > >> > >> ** ** > >> > >> By way of contrast with the rulemaking of 2006, where it was specified > >> that clips can be made only from “Audiovisual works included in the > >> educational library of a college or university’s film or media studies > >> department,” this pronouncement does not specify that the work has to > >> belong to the educational institution. So it seems to me that an > >> instructor’s personal copy would be an appropriate source for “short > >> portions.”**** > >> > >> ** ** > >> > >> Judy Shoaf**** > >> > >> ** ** > >> > >> 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. > > > > > 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.
