Dear Colleagues, Yesterday, I attended a webinar on recent copyright court cases in which the presenter stated several points that confused me a lot since they were completely the opposite of what I've learned up to this day. I need your help to clarify these issues.
1. The presenter stated that in the case of UCLA vs. Ambrose, the judge ruled that changing the format of DVDs purchased legally with PPR to streaming video at UCLA is considered "Transformative" and so it falls into "Fair Use" ! As far as I know, this case was dismissed due to legal technicalities based on UCLA being a state run public institution and the ruling did not address the change of format issue. In addition, I don't understand what PPR has to do with change of format? Am I wrong? 2. The presenter stated that copyright law, since it is a federal law, prevails over contract law which is under state law. So, digitizing books or transferring DVDs into streaming is fair use even if the contract with the publisher accepted by the consumer states otherwise! 3. The presenter stated that the court said the 1976 Copyright Guidelines are not legally binding for standards of fair use! 4. The presenter stated that using the same material (journal article, book chapters, etc.) for several consecutive semesters on reserves is ok and falls into fair use! I've learned that one cannot change the format of videos without the copyright holder permission. The only exception according to DMCA would be short excerpts not the whole programs. Also, I have learned that if I accept or sign a contract with the publisher, I have to abide to its contents. Thanks, Farhad Moshiri Audiovisual Librarian University of the Incarnate Word San Antonio, TX ________________________________ This email and any files transmitted with it may be confidential or contain privileged information and are intended solely for the use of the individual or entity to which they are addressed. If you are not the intended recipient, please be advised that you have received this email in error and that any use, dissemination, forwarding, printing, or copying of this email and any attachments is strictly prohibited. If you have received this email in error, please immediately delete the email and any attachments from your system and notify the sender. Any other use of this e-mail is prohibited. Thank you for your compliance.
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.
