I have no idea of the language but it is a very different situation. There is no contract or license when you buy a standard Hollywood DVD. It is physical item covered by standard copyright laws including "face to face" I don't belong iTunes or any downloading service for music of film but know they have specific terms that you have to agree to when you join and this would constitute a contract which can have terms that restrict what a user can do and those rules can go well beyond what is permitted by copyright law. Basically iTunes can indeed put in all kinds of restrictions which the buyer is legally obliged to follow. Not that everyone does but libraries far more than individuals could get in serious trouble if they did not. This is why I think the goal should be do negotiate with rights holders and explain libraries need for physical copies or at least something that can be lent and used under "face to face"
On Thu, Jul 31, 2014 at 5:26 PM, Matt Ball <mb...@paceacademy.org> wrote: > I'm curious about the "personal use" laguage in the license from iTunes > that Mr. Smith refers to several times. Most Hollywood DVDs come with > personal use licenses and libraries have been collecting and lending them > for years. I wonder how the iTunes license is different. I read it rather > thoroughly last year and it seemed somewhat vague in certain key areas, but > my memory isn't what is ever way, and I don't have the license right here > in front of me. > > Matt > > > *videolib@lists.berkeley.edu <videolib@lists.berkeley.edu> writes:* > And I agree with you but one note I was definitely also attacking > Mr.Smith's total disregard for copyright LAW not just his morality or > ethics. He basically belongs to the " we academic institutions are above > those evil copyright laws and all rights holders are greedy pigs so we > should not pay them" school of thought. I particularly liked his write up > of Georgia State Appeal in which he said three federal judges did not > understand copyright law and were totally misinterpreting it. Evidently he > knows more than they do about copyright law. > > > On Thu, Jul 31, 2014 at 1:52 PM, Dennis Doros <milefi...@gmail.com> wrote: > > > > Okay, here's where I almost entirely agree with Jessica. To me, this > "other" Kevin (this one ain't from Jersey) Smith's article has nothing to > do with copyright and library's rights, but an internet illness based on > utopian expectations leading to faulty thinking. Jessica's argument, > however, doesn't take into account that this guy's reasoning has a fatal > flaw past the morality and ethics of it. > > > I dislike this article intensely by Smith because like most articles of > this nature, it takes a specific case and blows it up from the *ab > absurdo* (I believe my memory of Latin is correct) to a blanket > conclusion. In other words, because you can't download one item, you should > be able to download *all* items. What's the percentage of material out > there that libraries can't buy in a more stable, higher quality format, ie. > CDs. > > > It's a very common disease in the digital age to insist that everything > HAS to be available. It *should* be and maybe it will be one day, but > that will take time, legislation and energy -- as well as increased taxes > to support the arts. > > > Rather than support the illegal download of copyrighted material, the > *real* obvious conclusion is that the ALA should work with Itunes to come > up with a secondary system for libraries that's fair and equitable. That's > a huge amount of business they could have. > > > > Best regards, > Dennis Doros > Milestone Film & Video > 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 new websites! www.mspresents.com, www.portraitofjason.com, > www.shirleyclarkefilms.com, > To see or download our 2014 Video Catalog, click here > <http://cdn.shopify.com/s/files/1/0150/7896/files/2014MilestoneVideoCatalog.pdf?75> > ! > > > > 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 2014 Conference, Savannah, Georgia, October 8-11, 2014 > <http://www.amianet.org/> > > > On Wed, Jul 30, 2014 at 9:03 AM, Laura Jenemann <ljene...@gmu.edu> wrote: > > > > Dear videolib, > > A recent post from Kevin Smith (Duke’s Scholarly Communication Officer) on > digital-only music, and what libraries might or might not do about it: > > http://blogs.library.duke.edu/scholcomm/2014/07/28/planning-for-musical-obsolescence/ > > Here are some comments that may resonate with media librarians: > > “At a recent consultation to discuss this problem, it was interesting to > note that several of the lawyers in the room encouraged the librarians to > just download the music anyway and ignore the licensing terms, simply > treating this piece of music like any other library acquisition. Their > argument was that iTunes and the LA Philharmonic really do not mean to > prevent library acquisitions; they are just using a boilerplate license > without full awareness of the impact of its terms. But the librarians were > unwilling.” > > Regards, > Laura > > Laura Jenemann > Film Studies/Media Services Librarian > George Mason University > 703-993-7593 > ljene...@gmu.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. > > > > > > 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. > > > > > > > ___________________ > Matt Ball > Director, Woodruff Library > Pace Academy > 966 W. Paces Ferry Rd. > Atlanta, GA 30327 > mb...@paceacademy.org > > > 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.
