OK but that is very small exception which was added in the last few years. It is perfectly legit but does tend to muddy the waters for the 99.99% of material it does not cover.Kind of like saying the Cubs were once World Series Champions true but not lately. I think the GSU case made clear that digitizing and streaming entire works is illegal and my guess is that when the appeal comes down even the 10% they allowed will disappear. None of this is to say there is not totally legit fair use but it is nearly always limited to small portions ( assuming you are dealing with an entire feature film or book).
I am still utterly confused why some people would use the GSU case as supporting streaming whole works when it does the opposite. On Tue, Sep 30, 2014 at 12:06 PM, Brewer, Michael M - (brewerm) < brew...@email.arizona.edu> wrote: > It doesn’t. I was just clarifying that digitizing (and streaming) entire > works is not necessarily illegal. When those kinds of statements are made, > I like to remind people that the law does allow for this in certain > circumstances. > > > > Also, it does not matter if the rights holder objects unless they begin > commercializing the work or are willing to make it available for sale at a > reasonable price. > > > > Michael Brewer | Librarian | Head, Research & Learning > > > > *From:* videolib-boun...@lists.berkeley.edu [mailto: > videolib-boun...@lists.berkeley.edu] *On Behalf Of *Jessica Rosner > *Sent:* Tuesday, September 30, 2014 8:33 AM > > *To:* videolib@lists.berkeley.edu > *Subject:* Re: [Videolib] Libraries that stream their own titles > > > > OK Michael you got me. If you find a film in the last 20 years of > copyright ( which in now 95 years but starts in 1923 in most cases) and it > is not in print and the rights holder does not object you could stream it. > > > > Exactly how does that cover Citizen Kane or or 99.9% of the films being > used in classes? > > > > On Tue, Sep 30, 2014 at 11:23 AM, Brewer, Michael M - (brewerm) < > brew...@email.arizona.edu> wrote: > > Read the law, Jessica. 108(h) allows for reproduction, distribution, > display, or performance for the purpose of preservation, scholarship or > research. > > > > (h)(1) For purposes of this section, during the last 20 years of any term > of copyright of a published work, a library or archives, including a > nonprofit educational institution that functions as such, may reproduce, > distribute, display, or perform in facsimile or digital form a copy or > phonorecord of such work, or portions thereof, for purposes of > preservation, scholarship, or research, if such library or archives has > first determined, on the basis of a reasonable investigation, that none of > the conditions set forth in subparagraphs (A), (B), and (C) of paragraph > (2) apply. > > > > (2) No reproduction, distribution, display, or performance is authorized > under this subsection if— > > > > (A) the work is subject to normal commercial exploitation; > > > > (B) a copy or phonorecord of the work can be obtained at a reasonable > price; or > > > > (C) the copyright owner or its agent provides notice pursuant to > regulations promulgated by the Register of Copyrights that either of the > conditions set forth in subparagraphs (A) and (B) applies. > > > > (3) The exemption provided in this subsection does not apply to any > subsequent uses by users other than such library or archives. > > > > > > > > Michael Brewer | Librarian | Head, Research & Learning > > > > *From:* videolib-boun...@lists.berkeley.edu [mailto: > videolib-boun...@lists.berkeley.edu] *On Behalf Of *Jessica Rosner > *Sent:* Tuesday, September 30, 2014 8:15 AM > > > *To:* videolib@lists.berkeley.edu > *Subject:* Re: [Videolib] Libraries that stream their own titles > > > > What in 108 has to do with streaming or posting online? It is about making > copies. > > Seriously is there ANYTHING in 108 that refers to streaming or putting > material online ? The GSU case is the only one I know of that does and it > is pretty clear that only portions can be streamed. GSU admitted as much > when it took down whole books as soon as it was sued. > > > > Digitizing is one thing, streaming and posting online are TOTALLY > different. > > > > I am truly stunned that there would be any confusion on this. > > > > On Tue, Sep 30, 2014 at 11:07 AM, Brewer, Michael M - (brewerm) < > brew...@email.arizona.edu> wrote: > > Jessica, > > > > It isn’t illegal to digitize and post an entire book. It depends on the > circumstances, whether those fall under fair use, or fall under something > like Section 108(h) - which applies to works in their last 20 years of > protection that are not being commercially exploited or available for sale > at a reasonable price. I’m not going to engage in the current conversation > about films (which, by the way, may also be digitized and streamed under > Section 108(h) if the they meet the same criteria). I just wanted to > clarify that it is not illegal to digitize entire works that are still > under copyright under certain circumstances, so that others are aware. > > > > mb > > > > http://www.copyright.gov/title17/92chap1.html#108 > > > > Michael Brewer | Librarian | Head, Research & Learning > > > > *From:* videolib-boun...@lists.berkeley.edu [mailto: > videolib-boun...@lists.berkeley.edu] *On Behalf Of *Jessica Rosner > *Sent:* Tuesday, September 30, 2014 7:42 AM > > > *To:* videolib@lists.berkeley.edu > *Subject:* Re: [Videolib] Libraries that stream their own titles > > > > You digitize and post an entire book on campus system. This is exactly > what GSU did BEFORE they were sued and then they took them down and cut > back to "chapters" or sections of books. This would again be the exactly > the same as digitizing and streaming a film. You are taking an ENTIRE work > digitizing it and putting up for many to access without paying for rights. > Even the current GSU decision ( which did not go over well with the appeals > court but no ruling has been issued) made it clear that you could not use > entire works and they did in fact rule that 3 of the "portions" GSU did use > probably violated "fair use" and sent them back ( though this is on hold > because of the appeal). > > > > Can anyone explain to me how it is illegal to digitize and post an entire > book but legal to digitize and post an entire film? When I asked this at > ALA of one of the chief proponents I was told " that was an interesting > question" > > > > Personally I think it is part and parcel of the contempt that media works > are given by libraries and academic institutions. They are somehow less > worthy of copyright protection just as they are less worthy of targeted > collection policies, budgets etc. (obviously folks on this list are often > the exception but I find "AV" being more denigrated than ever before) > > > > > > On Tue, Sep 30, 2014 at 9:56 AM, Richard Graham <rgrah...@unl.edu> wrote: > > How do you stream a book? > > Richard Graham > Associate Professor - Media Services Librarian > > N220 Love Library > University of Nebraska-Lincoln > Lincoln, NE 68588-4100 > > phone: 402.472.5410 > email: rgrah...@unl.edu > > > ________________________________________ > From: videolib-boun...@lists.berkeley.edu [ > videolib-boun...@lists.berkeley.edu] on behalf of Jessica Rosner [ > maddux2...@gmail.com] > Sent: Tuesday, September 30, 2014 8:40 AM > To: videolib@lists.berkeley.edu > Subject: Re: [Videolib] Libraries that stream their own titles > > I appreciate the satire Dennis but I am still waiting for those who claim > it is "fair use" to digitize and stream whole movies why they don't do the > same with all books, from Catcher on the Rye to expensive textbooks. I mean > if it "fair use" for films than who needs to pay for books ( or librarians)? > > On Tue, Sep 30, 2014 at 8:58 AM, Dennis Doros <milefi...@gmail.com<mailto: > milefi...@gmail.com>> wrote: > Dear deg (and all), > > I, on the other hand, will be found at Max's Tavern having a Grapefruit > Margarita (after all, a grapefruit diet is very healthy) each time I read > the word "fair use" in the report. I and Punxsutawney Phil should be coming > out by February. > > Having just spent $750+ on my son's text books for his freshman courses, I > appreciate Jessica's suggestion of digitizing professor's text books much > more. $300 for a text book that they'll never use after the semester versus > $10 for a DVD of Casablanca that's "too expensive" for a professor's > students to buy even though its ten times better quality than streaming and > comes with context and content. > > And for those in the group who don't know, deg and I are friends and I'm > not disagreeing with him at all. He's just stating the facts. I'm just > partaking of gallows humor -- I don't know if there's such a thing as a > Grapefruit Margarita and to be honest, Punxsutawney Phil and I stopped > going out to bars together when he discovered that I had to use Google to > spell his name correctly. > > > > > Best regards, > Dennis Doros > Milestone Film & Video > PO Box 128 / Harrington Park, NJ 07640 > Phone: 201-767-3117<tel:201-767-3117> / Fax: 201-767-3035<tel:201-767-3035> > / Email: milefi...@gmail.com<mailto:milefi...@gmail.com> > > Visit our main website! www.milestonefilms.com< > http://www.milestonefilms.com/> > Visit our new websites! www.mspresents.com<http://www.mspresents.com>, > www.portraitofjason.com<http://www.portraitofjason.com>, > www.shirleyclarkefilms.com<http://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 Tue, Sep 30, 2014 at 8:09 AM, Moshiri, Farhad <mosh...@uiwtx.edu > <mailto:mosh...@uiwtx.edu>> wrote: > Thanks Deg. I'm looking forward to read your research results. Take care. > > Farhad > > -----Original Message----- > From: videolib-boun...@lists.berkeley.edu<mailto: > videolib-boun...@lists.berkeley.edu> [mailto: > videolib-boun...@lists.berkeley.edu<mailto: > videolib-boun...@lists.berkeley.edu>] On Behalf Of Deg Farrelly > Sent: Monday, September 29, 2014 5:25 PM > To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu> > Subject: Re: [Videolib] Libraries that stream their own titles > > Farhad > > No, you are correct. > > The AIME v UCLA case was dismissed based on UCLA's sovereign immunity from > being sued, and AIME's lack of standing (AIME did not hold the copyright). > Unfortunately, the judge hearing the case did not stop there and muddied > the waters with points about UCLA having acquired PPR for the titles in > question, and other points. The the case was NOT decided based on merits. > > Some have (incorrectly, in my opinion) interpreted the case as being a > victory for libraries and essentially permitting digitization. But long > story short, there has been no case law established on either side of the > issue of libraries digitizing without permission. > > SOME libraries are applying a fair-use argument for digitizing legally > acquired content for course reserve, bolstered in part by the ruling in the > Georgia State University case. > > Jane Hutchison and my research on the status of streaming video in > academic libraries (to be presented at the National Media Market in > November, and published in Against the Grain about the same time) includes > some data on the extent of libraries digitizing from hard copies in their > collections. > > -deg farrelly > > deg farrelly > ShareStream Administrator/Media Librarian Arizona State University > Libraries Tempe, AZ 85287-1006 > 602.332.3103<tel:602.332.3103> > > > > On 9/29/14 11:36 AM, "videolib-requ...@lists.berkeley.edu<mailto: > videolib-requ...@lists.berkeley.edu>" > > <videolib-requ...@lists.berkeley.edu<mailto: > videolib-requ...@lists.berkeley.edu>> wrote: > > > > >It is my understanding that according to the copyright law, you?re not > >allowed to change the format of audiovisual materials without permission. > >The famous case of Berkeley vs. Ambrose Video was dismissed due to > >technicalities and Berkeley being a state institution. It was not > >dismissed based on copyright law. Am I wrong on this? > > > >Farhad Moshiri, MLS > > > 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. > > 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. > > > 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. > > > > > 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. > > > > 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.
