Hi everybody, A few thoughts on some of the recent posts in this thread:
1. Whether or not use by a professor in face-to-face teaching can qualify as a "personal" use is a gray area, in my opinion. As far as I know, there's no case law which provides clarity on the matter. Informally, I would say that while a slight majority of the IP lawyers I've heard address this issue have indicated that they think it isn't, nearly as many have suggested that it's possible to make a fairly strong argument that showing a film to the small group of students in your class isn't vastly different from having a movie night with your family and friends. 2. 110(1) does provide an exemption for face-to-face teaching, but if you agree to licensing terms which restrict your use to just "personal" uses, and if you believe that face-to-face teaching isn't a "personal" use, then 110(1) does not give you permission to show the film in question to your class. 3. The First Sale Doctrine would permit you to resell the DVD (or whatever) you purchased form Amazon; it would not, however, permit you to screen the work stored on that physical object. To justify a screening a film without explicit permission from the rights holder, you'd need to make an argument based on 110(1), 110(2), fair use, or some other aspect of copyright law-first sale isn't very helpful re: performance/display. As always, I am not a lawyer, so nothing in this email should be construed as legal advice-these are only my own personal opinions. Which, by the way, I'm always happy to reconsider in the face of a strong opposing argument! Good discussion, by the way! Andy From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Moshiri, Farhad Sent: Wednesday, October 28, 2015 3:23 PM To: videolib@lists.berkeley.edu Subject: Re: [Videolib] American Archive of Public Broadcasting Launches Thanks Bob. The problem is I've heard that using a personal home video in face-to-face classroom (purchased from Amazon or borrowed from Red Box, for example) falls into First Sale Doctrine. But using a database whether or not it is free or with subscription, falls under license agreement and the terms of use. Farhad From: videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu> [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Bob Norris Sent: Wednesday, October 28, 2015 2:10 PM To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu> Subject: Re: [Videolib] American Archive of Public Broadcasting Launches Just using logic, not law, since the Face to Face exemption allows you to use a personal home video in the classroom when the teacher is present, then it seems a streaming sight that allows personal access to all could be used in the classroom too. It would not infer PPR. That is my guess. Bob Robert A. Norris Managing Director Film Ideas, Inc. Phone: (847) 419-0255 Email: b...@filmideas.com<mailto:b...@filmideas.com> Web: www.filmideas.com<http://www.filmideas.com/> From: "Moshiri, Farhad" <mosh...@uiwtx.edu<mailto:mosh...@uiwtx.edu>> Date: October 28, 2015 1:13:40 PM CDT To: "videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu>" <videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu>> Subject: Re: [Videolib] American Archive of Public Broadcasting Launches With 7, 000 Programs Available to Stream Online Reply-To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu> A copyright question: When I looked at terms of use, they say this site is for personal, non-commercial use. I've seen this statement in most sites. What they don't say is can the site be used in non-profit educational institutions, in classrooms, etc.? The "personal" always make you think you're not allowed to use it in class. Any idea? Farhad Moshiri, MLS Post-Masters Advanced Study Certificate Audiovisual Librarian Subject areas: Music, Dance, Copyright issues, Middle Eastern Studies University of the Incarnate Word J.E. & L.E. Mabee Library 4301 Broadway - CPO 297 San Antonio, TX 78209 (210) 829-3842 ________________________________ 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.
