I think what faculty and librarians have trouble with is that a complete legally purchased film can be shown in class but for the exact same class and using the exact same film to be shown in a distance class, we have to pay significantly more licensing/access and do not even own the film. So transformative fair use is sort of a work around. I agree though, it may not be justifiable in court.
Alan Bogage Senior Director of Library, Media, and Distance Learning Carroll Community College 1601 Washington Rd. Westminster, MD. 21157 www.carrollcc.edu/Student-Services/Library From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Eric J Harbeson Sent: Thursday, June 9, 2016 1:00 PM To: videolib@lists.berkeley.edu Subject: Re: [Videolib] Nonprofit exemption All, 110(4) is a great (and under-appreciated) bit of law, but why would it apply to audiovisual works when it doesn’t specifically mention them? Are documentary films really both literary and audiovisual works? Eric Harbeson From: videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu> [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner Sent: Tuesday, June 07, 2016 7:25 PM To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu> Subject: Re: [Videolib] Nonprofit exemption My problem with things like this and the you can stream any feature film released in theaters without permission/license claim/theory is that all these "theories" some from the same exact voices in the same echo chamber. IF institutions actually believed this was legal, then they should state so publically on their web sites and/or inform rights holders particularly major studios, foreign distributors etc in writing. The dirty little secret is that a lot of illegal streaming and showing does go on but rights holders are in the dark and have no way to legally challenge it. Now I don't actually expect a school to send a letter to Disney saying "We are streaming FANTASIA" to our 500 intro to animation students and we don't believe we need to pay you or get your permission" but it would be interesting if they did and might actually result in the kind of legal clarity people say they want.. What I would like is for there to be more balance in the voices,sources that the educational community solicits for opinions. Is it really that much to ask for the many, many webinars, seminars etc, to invite a legal representive from a studio, filmmaker or similar to participate? Jessica On Tue, Jun 7, 2016 at 5:15 PM, Sarah E. McCleskey <sarah.e.mccles...@hofstra.edu<mailto:sarah.e.mccles...@hofstra.edu>> wrote: I think it is worthy of investigation. This is not an endorsement or an indication that I would consider using the exemption without having much more information. It benefits us all to have raised awareness of the law imho. Sarah McCleskey Head of Access Services Hofstra University Library sarah.e.mccles...@hofstra.edu<mailto:sarah.e.mccles...@hofstra.edu> Sent from my iPhone On Jun 7, 2016, at 1:13 PM, Dennis Doros <milefi...@gmail.com<mailto:milefi...@gmail.com>> wrote: I'm agreeing with Andy and would like to point out... "performance of a nondramatic literary or musical work otherwise than in a transmission to the public" The use of "otherwise" makes me believe that "transmission" (usually meaning a by mechanical method -- ie. a projector or monitor) to the public is not permitted. 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> www.milestone.film<http://www.milestone.film> JOIN OUR MAILING LIST TODAY!<http://milestonefilms.us3.list-manage1.com/subscribe/post?u=4a0b9e434a9f3e8603c29806e&id=f30d1906e2> Support us on Facebook<http://www.facebook.com/pages/Milestone-Film/22348485426> and Twitter<https://twitter.com/#!/MilestoneFilms>! On Tue, Jun 7, 2016 at 1:02 PM, Deg Farrelly <deg.farre...@asu.edu<mailto:deg.farre...@asu.edu>> wrote: Attending the Kraemer Copyright Symposium in Colorado Springs. (Kenneth Crewes and Kevin Smith making great presentations among others...) At a session yesterday, delivered by IP lawyers, the notion of the non-profit exemption for use of non-literary and music works was raised. Quite honestly, this is one exemption I don't recall hearing about before. Sarah McClesky commented similarly. Worth looking into further....this may be an exemption that allows student groups and other campus activities to screen documentary works without securing public performance rights! deg farrelly 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. -- Jessica Rosner Media Consultant 224-545-3897 (cell) 212-627-1785 (land line) jessicapros...@gmail.com<mailto:jessicapros...@gmail.com> CONFIDENTIALITY NOTICE: This email message, including any attachments, is for the sole use of the intended recipient(s). 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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.