Hi Scott, It would be interesting to attempt a comprehensive survey of the people responsible for classroom management at a set of institutions (the membership of CCUMC, maybe?) about how long they think it will be before they no longer support the use of physical media. I'd be happy to work on something like this if you'd like to pursue it further!
Andy From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of scott spicer Sent: Tuesday, September 30, 2014 5:02 PM To: videolib@lists.berkeley.edu Subject: Re: [Videolib] Libraries that stream their own titles (Carla Myers) While I enjoy the back and forth on streaming fair use interpretation (and by all means please continue), I would also be interested in shifting the discussion somewhat to the future of educational media/independent film distribution. This is more of a pragmatic than legal interpretation issue. Just a provocation here... Like many campuses, I suspect, we are likely looking at a 1 to 3 year window (5 tops) before we are facing an issue of essentially institutional obsolescence. What is institutional obsolescence? I define it as the point at which standalone VHS/DVD players are no longer available or supported in most campus classrooms (regardless of whether "the machine or device necessary to render perceptible a work stored in that format is no longer manufactured or is no longer reasonably available in the commercial marketplace," (Sec. 108c(2)) - though VHS is can't be too far away despite arguments to the contrary). I used to think that the transition from VHS to DVD acquisitions bought us some time. However, with players being proactively pulled from classrooms upon remodel or replacement refresh, and a high likelihood that laptops will soon no longer come with built-in DVD players (try buying any Macbook with one built-in, I've bought 2 in the last nine months - not possible), I am starting to think that all physical formats will be institutionally obsolete at the same dreaded time. With a campus our size (3 sub-campuses in one location, ~50k students) it is simply not feasible for the Libraries to get into the classroom management business nor are we going to start checking out players (realistically, what instructor is gonna be shlepping around VCR's/DVD players/Thunderbolt peripherals?). Sure a very few media intensive departments may decide to start supporting their own classrooms with a few players, but I am betting the coverage will be spottier than AT&T. We don't currently have a great solution for this, so we need to be considering options and I am optimistic deeper campus conversations will start soon enough. That said, I wonder how long it is until other campuses are in the same boat? When will we be at a point of critical mass when physical media is no longer institutionally viable - truly institutional obsolete? To be sure, we will still have the lingering [at that point] "legacy media" digitization question, but I think it will be interesting to see if the calculus changes undershort the pressure. Will the educational media/independent (and theatrical film shortly thereafter for that matter) become a purely digital, licensed distribution model (see: Ambrose). Dennis, I wouldn't be reaching for the grapefruit margarita just yet. The Empire may strike back. Best, Scott On Tue, Sep 30, 2014 at 2:58 PM, <videolib-requ...@lists.berkeley.edu<mailto:videolib-requ...@lists.berkeley.edu>> wrote: Send videolib mailing list submissions to videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu> To subscribe or unsubscribe via the World Wide Web, visit https://calmail.berkeley.edu/manage/list/listinfo/videolib@lists.berkeley.edu or, via email, send a message with subject or body 'help' to videolib-requ...@lists.berkeley.edu<mailto:videolib-requ...@lists.berkeley.edu> You can reach the person managing the list at videolib-ow...@lists.berkeley.edu<mailto:videolib-ow...@lists.berkeley.edu> When replying, please edit your Subject line so it is more specific than "Re: Contents of videolib digest..." Today's Topics: 1. Re: Libraries that stream their own titles (Carla Myers) ---------------------------------------------------------------------- Message: 1 Date: Tue, 30 Sep 2014 19:58:46 +0000 From: Carla Myers <cmye...@uccs.edu<mailto:cmye...@uccs.edu>> Subject: Re: [Videolib] Libraries that stream their own titles To: "videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu>" <videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu>> Message-ID: <4797094fac10a249a80d43c889b7b7abb6596...@uccs-ex4.uccs.edu<mailto:4797094fac10a249a80d43c889b7b7abb6596...@uccs-ex4.uccs.edu>> Content-Type: text/plain; charset="utf-8" Hi, Jessica I am not aware of any statute in that law that explicitly states ?go ahead and stream films!? However I can think of no statue in the law that states ?you absolutely cannot stream films.? Again, everything comes down to performing a thoughtful and thorough fair use analysis in which you consider all of the facts of the situation. I agree that streaming a film online for purely entertainment purposes would most likely not be a fair use. However if you?re thinking of streaming a film, be it a documentary or a popular film, to a password protected campus content management system (like Blackboard) you could have a strong case for fair use, especially when the subject of the film is directly related to the course topic and will be utilized as part of class instruction activities. For example? Say I?m teaching an online class on the history of opera. As part of my instruction I want my students to view five different operas from five different time periods so that they can compare and contrast operatic styles over the ages. First I?m going to check to see if any performances of the operas in question can be found freely available online, e.g. they are already legally streamed by the rightsholder. If that?s the case then I?ll post links to those websites so that my students can go watch them there (this also generates traffic to these websites, which the rightsholders appreciate!). If they are not freely available online I?ll next check to see if they are available through another online avenue such as Amazon.com. If they are available there, even if it will cost the student $3.99 to watch each film, then I?m going to send them there to purchase access. If I?ve done my homework and cannot find them readily and/or legally available online I would next consider fair use? 1. Purpose: educational, especially if they are directly tied to my class pedagogy and we will be providing comment and criticism on them. 2. Nature of the work: operas, which are highly creative. 3. Amount used: here?s where you want to carefully consider how much of the work students must view in order to effectively teach a subject. With teaching an opera history class I think I would have a strong argument for streaming the entire work, especially if we are comparing and contrasting operatic styles over the ages. If I was teaching a class looking at operatic arias then I would probably only want to stream the arias from each opera, rather than the entire work. 4. Effect on the market: I would say negligible as online access is not readily available. This is an online class which has students from across the state and perhaps even across the county participating in it, so placing physical copies on print reserve for the students to use is not a viable option. In a situation such as this I think I would have a strong argument for posting a streaming copy of the film to a password protected content management system such as Blackboard. There are a lot of points of compliance association with the TEACH Act however I cannot find any part of the statute that says the law cannot be utilized for fiction films (or did you mean feature films?)! It does also not say that you cannot use an entire work. If the work is non-dramatic then you are free to use the whole work. If it is dramatic then the law says you can use reasonable and limited portions, but this is not the same as saying you cannot use the entire thing! What I interpret it to mean is that you can use the entire work so long as you have a reasonable argument for doing so. Best, Carla Assistant Professor Faculty Director of Access Services and Scholarly Communications Kraemer Family Library The University of Colorado at Colorado Springs 719-255-3908<tel:719-255-3908> 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 Jessica Rosner Sent: Tuesday, September 30, 2014 12:26 PM To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu> Subject: Re: [Videolib] Libraries that stream their own titles Carla We are not talking about simply digitizing a film, we are talking about digitizing and STREAMING an entire film. There is a HUGE difference There is literally nothing in copyright law save the 20 year orphan provision that in anyway allows any type of streaming.Digitizing is allowed in certain circumstances ( some of which are contested) It is most definitely not allowed when the work is widely available such as KANE & CATCHER. The closest case law is GSU and it clearly limits the portion of a work allowed.. It is often forgotten that GSU WAS digitizing and streaming entire books but took them down as soon as they were challenged by the publishers. Of course "fair use" is made on a case by case basis but I challenge anyone to provide an example where the streaming an entire feature film ( which is basically what I am talking about and what is frankly being done by some institutions) the "argument" that films were made for "entertainment" but using them in classes is "transformative" which is the one advanced by some at ALA is plainly absurd. If it were true than basically any book, movie etc ever made could be streamed or posted online for academic use. We do have the GSU case which involved exactly the same issues and even there the portions allowed were limited and several did not "pass". As I am sure you know there are many limitations to the TEACH ACT the key one being that it does not apply to fiction films On Tue, Sep 30, 2014 at 2:08 PM, Carla Myers <cmye...@uccs.edu<mailto:cmye...@uccs.edu><mailto:cmye...@uccs.edu<mailto:cmye...@uccs.edu>>> wrote: Jessica?your argument that it is ?illegal to digitize and post an entire book but legal to digitize and post an entire film? is not a strong one. First off, there most certainly are situations where digitizing an entire book could be considered a fair use. Secondly, when you are making this type of statement you are generalizing about all types of use, however fair use does not work that way. Fair use assessments must be made on a case-by-case basis, applying the facts of the situation to each individual item your wish to copy. I agree that it would be challenging for anyone to claim fair use in digitizing a work as popular as Cather in the Rye, however there are millions of titles that have been published that are not as readily available this particular title that someone could make a strong fair use argument for digitizing, especially when their purpose is educational and/or transformative. In the same way, there are situations where digitizing an entire film could be considered a fair use. The person doing so would just have to make sure that they had a strong argument for digitizing the entire work, rather than just parts of it. Richard?don?t overlook the TEACH Act (17 U.S.C. ?110(2)! This statue has provisions for providing students with online access to audiovisual works for educational purposes. Best, Carla Myers Assistant Professor Director of Access Services and Scholarly Communications Kraemer Family Library The University of Colorado at Colorado Springs 719-255-3908<tel:719-255-3908><tel:719-255-3908<tel:719-255-3908>> From: videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu><mailto:videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu>> [mailto: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 Jessica Rosner Sent: Tuesday, September 30, 2014 11:00 AM To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu><mailto:videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu>> Subject: Re: [Videolib] Libraries that stream their own titles I hope the earth will not come of its axis since we agree On Tue, Sep 30, 2014 at 12:56 PM, Brewer, Michael M - (brewerm) <brew...@email.arizona.edu<mailto:brew...@email.arizona.edu><mailto:brew...@email.arizona.edu<mailto:brew...@email.arizona.edu>>> wrote: 108 does encompass film, but only certain portions of it. 108(i) details which portions of 108 apply to media, and which do not. The last 20 years (h) and the making of copies for preservation (b) or replacement (c) do apply to media. The copying and distribution of portions of, or entire works to users do not apply. Here is the text: (i) The rights of reproduction and distribution under this section do not apply to a musical work, a pictorial, graphic or sculptural work, or a motion picture or other audiovisual work other than an audiovisual work dealing with news, except that no such limitation shall apply with respect to rights granted by subsections (b), (c), and (h), or with respect to pictorial or graphic works published as illustrations, diagrams, or similar adjuncts to works of which copies are reproduced or distributed in accordance with subsections (d) and (e). mb Michael Brewer | Librarian | Head, Research & Learning From: videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu><mailto:videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu>> [mailto: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 Cindy Wolff Sent: Tuesday, September 30, 2014 9:35 AM To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu><mailto:videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu>> Subject: Re: [Videolib] Libraries that stream their own titles In some cases even though someone would be within their rights to copy something, the rights holder tries to sue. Film companies have sued people even for the intent of fair use. The onus is put on the entity doing the copying. I?m not really think 108 encompasses film. The late Jack Valenti, the past president of the MPAA, did not believe in the concept of fair use. Cindy Wolff From: videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu><mailto: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 Brewer, Michael M - (brewerm) Sent: Tuesday, September 30, 2014 12:06 PM To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu><mailto:videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu>> Subject: Re: [Videolib] Libraries that stream their own titles 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><mailto: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 Jessica Rosner Sent: Tuesday, September 30, 2014 8:33 AM To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu><mailto:videolib@lists.berkeley.edu<mailto: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<mailto:brew...@email.arizona.edu><mailto:brew...@email.arizona.edu<mailto: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><mailto:videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu>> [mailto: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 Jessica Rosner Sent: Tuesday, September 30, 2014 8:15 AM To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu><mailto:videolib@lists.berkeley.edu<mailto: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<mailto:brew...@email.arizona.edu><mailto:brew...@email.arizona.edu<mailto: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><mailto:videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu>> [mailto: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 Jessica Rosner Sent: Tuesday, September 30, 2014 7:42 AM To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu><mailto:videolib@lists.berkeley.edu<mailto: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<mailto:rgrah...@unl.edu><mailto:rgrah...@unl.edu<mailto: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<tel:402.472.5410><tel:402.472.5410<tel:402.472.5410>> email: rgrah...@unl.edu<mailto:rgrah...@unl.edu><mailto:rgrah...@unl.edu<mailto:rgrah...@unl.edu>> ________________________________________ From: videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu><mailto:videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu>> [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 Jessica Rosner [maddux2...@gmail.com<mailto:maddux2...@gmail.com><mailto:maddux2...@gmail.com<mailto:maddux2...@gmail.com>>] Sent: Tuesday, September 30, 2014 8:40 AM To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu><mailto:videolib@lists.berkeley.edu<mailto: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><mailto:milefi...@gmail.com<mailto:milefi...@gmail.com>><mailto:milefi...@gmail.com<mailto:milefi...@gmail.com><mailto: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><tel:201-767-3117<tel:201-767-3117>><tel:201-767-3117<tel:201-767-3117><tel:201-767-3117<tel:201-767-3117>>> / Fax: 201-767-3035<tel:201-767-3035><tel:201-767-3035<tel:201-767-3035>><tel:201-767-3035<tel:201-767-3035><tel:201-767-3035>> / Email: milefi...@gmail.com<mailto:milefi...@gmail.com><mailto:milefi...@gmail.com<mailto:milefi...@gmail.com>><mailto:milefi...@gmail.com<mailto:milefi...@gmail.com><mailto:milefi...@gmail.com<mailto:milefi...@gmail.com>>> Visit our main website! www.milestonefilms.com<http://www.milestonefilms.com><http://www.milestonefilms.com><http://www.milestonefilms.com/> Visit our new websites! www.mspresents.com<http://www.mspresents.com><http://www.mspresents.com><http://www.mspresents.com>, www.portraitofjason.com<http://www.portraitofjason.com><http://www.portraitofjason.com><http://www.portraitofjason.com>, www.shirleyclarkefilms.com<http://www.shirleyclarkefilms.com><http://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><mailto:mosh...@uiwtx.edu<mailto:mosh...@uiwtx.edu>><mailto:mosh...@uiwtx.edu<mailto:mosh...@uiwtx.edu><mailto: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>><mailto:videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu><mailto:videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu>>> [mailto:videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu><mailto:videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu>><mailto: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><mailto:videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu>><mailto:videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu><mailto: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><tel:602.332.3103<tel:602.332.3103<tel:602.332.3103%3ctel:602.332.3103>>> On 9/29/14 11:36 AM, "videolib-requ...@lists.berkeley.edu<mailto:videolib-requ...@lists.berkeley.edu><mailto:videolib-requ...@lists.berkeley.edu<mailto:videolib-requ...@lists.berkeley.edu>><mailto:videolib-requ...@lists.berkeley.edu<mailto:videolib-requ...@lists.berkeley.edu><mailto:videolib-requ...@lists.berkeley.edu<mailto:videolib-requ...@lists.berkeley.edu>>>" <videolib-requ...@lists.berkeley.edu<mailto:videolib-requ...@lists.berkeley.edu><mailto:videolib-requ...@lists.berkeley.edu<mailto:videolib-requ...@lists.berkeley.edu>><mailto:videolib-requ...@lists.berkeley.edu<mailto:videolib-requ...@lists.berkeley.edu><mailto: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. -------------- next part -------------- An HTML attachment scrubbed and removed. HTML attachments are only available in MIME digests. End of videolib Digest, Vol 82, Issue 61 **************************************** -- Scott Spicer Media Outreach and Learning Spaces Librarian University of Minnesota Libraries - Twin Cities 341 Walter Library spic0...@umn.edu<mailto:spic0...@umn.edu> 612.626.0629 Media Services: lib.umn.edu/media<http://lib.umn.edu/media> SMART Learning Commons: lib.umn.edu/smart<http://lib.umn.edu/smart>
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.
