Actually I think it very clear and easier under "fair use" and the exemptions for clips in terms of breaking encryption. The copy does NOT have to belong to the library for use under "fair use" that applies only to copying an entire work under 108. You could use a copy from Blockbuster, Netflix or anyone provided it is a legal release. While I tend to freak out at claims that "fair use" covers entire works I am very much in support in its being widely used for excerpts/clips to in fact create new works as that is its basic intent and legal history.
On Wed, Jun 20, 2012 at 11:21 AM, Brewer, Michael < brew...@u.library.arizona.edu> wrote: > The use of clips would be governed by 100(2) TEACH Act. You could also > argue fair use, but it is much more clear in TEACH. Try using the eTool > for Educators at http://librarycopyright.net/resources/etool/ The copy > does have to be legal, but it does not need to be held by the library > doing the streaming/reformatting. She can also make a PDF after using the > tool to keep for her records. **** > > ** ** > > mb**** > > ** ** > > Michael Brewer**** > > Team Leader for Instructional Services**** > > University of Arizona Libraries**** > > brew...@u.library.arizona.edu**** > > ** ** > > *From:* videolib-boun...@lists.berkeley.edu [mailto: > videolib-boun...@lists.berkeley.edu] *On Behalf Of *Shoaf,Judith P > *Sent:* Wednesday, June 20, 2012 8:10 AM > > *To:* videolib@lists.berkeley.edu > *Subject:* Re: [Videolib] Faculty's personally owned copies and > digitization**** > > ** ** > > 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.
