I agree with Barb here. We are talking two different issues here. It is up to the film maker/producer/copyright owner to assure that the distribution agreements they make specify or negotiate territory issues. As a licensee, my agreement is with the distributor (unless the film maker/producer/copyright owner IS the distributor).
However, if I want to offer a film via streaming rights to distance students and there is a licensing issue based on territory, I will be very likely to strongly discourage its use. I can't possibly license for every territory in the world for the distance students we have in Ethiopia or Thailand. Jennifer Foster Media Librarian Victoria College/University of Houston-Victoria Library 361.570.4195 http://vcuhvlibrary.uhv.edu --------------------------------------------------------------------- Message: 1 Date: Tue, 19 Nov 2013 12:31:21 -0500 From: Jessica Rosner <jessicapros...@gmail.com> Subject: Re: [Videolib] [collib-l] Remote Access to Library Resources for Emeritus Faculty To: videolib@lists.berkeley.edu Message-ID: <CACRe6m-1sR20oALukQ+C=dnkezbaqrwalr08rinyy0tabra...@mail.gmail.com> Content-Type: text/plain; charset="windows-1252" Barb, You are correct that "territorial" use is a contract/licensing issue but I think it is one that is going to be major issue/problem in the future. Most films are licensed by territory so a company in the US could not legally agree to allow access to someone in another territory. They would basically be breaking their contract and be liable to have it cancelled. I don't think the issue is a small number of students studying abroad though it would violate distributors contracts in many cases. I think the issue is the increasing number of satellite campuses and students that are overseas students not US students studying abroad. As someone who often works with filmmakers and rights holders who do in fact own worldwide rights I would still insist that any streaming license be limited to the US. There are clearly schools and programs that plan to have a massive presence abroad and I can't license to say Georgia Tech and have them stream a film to 5,000 students in China for the same price and that is assuming one even has the rights to sel Most US distributors don't even have those rights. I guess we can add this to the number of complicated rights issues that have to be negotiated. On Tue, Nov 19, 2013 at 11:54 AM, Bergman, Barbara J < barbara.berg...@mnsu.edu> wrote: > Whoa, hold your horses, folks. I?m seeing reactions to questions > that weren?t actually asked. > > > > The original question: do emeriti faculty retain library privileges? > > > > 1. Borrowing privileges and access to electronic resources are > really 2 different questions. > > 2. Borrowing privileges = being issued a library card with barcode > to use to check out books, DVDs, etc. > > a. Yes, if requested. Emeriti are considered as still being faculty > employees since generally the only faculty who request emeriti status > are the ones continuing their research. Emeriti status is only > available to professors who have retired from the university after many years > of service. > > b. Community users (alumni, former employees, retired staff, > community members) can get borrowing privileges similar to > undergraduates, but that does not include off-campus access to > licensed electronic resources. > > 3. Electronic resources = Remote access to electronic resources is > controlled by having a computer login ID and password. A campus login > may or may not be included with emeriti status, but as already > mentioned, we consider the handful of emeriti as still being employees. > > > > Now for the other concerns that came up: > > ? Remote access to licensed electronic resources is authenticated > through login. > > ? All current students and employees have a valid login. If you > don?t have a login, you don?t get access. > > ? ?Paid distance learners? are registered students and therefore > have a campus login. > > ? When one logs in from off-campus, you are actually logging into > a proxy server on campus that gives you a campus IP address for the > duration of that login. It does not matter where that student or > employee is ? whether it be at the local coffee shop or studying abroad. > > ? These is the normal arrangement for licensing an electronic > resource. We would refuse to purchase a resource that didn?t allow us > to provide authenticated remote access. > > ? I?m not sure why you are bringing territorial copyright into > this discussion. That relates to your terms of sales and distribution, > not US copyright law. And licenses are separate from what is allowed > by US copyright law and fair use. > > > > ~Barb > > > > Barb Bergman | Media Services & Interlibrary Loan Librarian | > Minnesota State University, Mankato | (507) 389-5945 | > barbara.berg...@mnsu.edu 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.
