Hi all, I have asked both copyright experts who are speaking at National Media Market to address this particular issue. It raises so many interesting points: contract law, EULAs, Section 110(1), collecting physical content for the future, acquiring content for now … Eric Schwartz (Sunday evening) and Jonathan Band (Monday morning) have both agreed to give us their perspectives.
Sarah McCleskey Board Chair National Media Market – a 501a nonprofit organization From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Katie Aldrich Sent: Wednesday, October 19, 2016 12:14 PM To: videolib@lists.berkeley.edu Subject: Re: [Videolib] Amazon Prime This discussion is very interesting. I work with acquisitions, licensing, & copyright in an academic library, and I have always interpreted "personal" as being a family/friends/individual situation. I think fairness dictates that any organization or company activity - even if limited in number of attendees - would no longer qualify as personal. I believe that is why the copyright exemption for classroom use exists. There would be no need for it otherwise. It's been my understanding as well that license always trumps copyright, because you are agreeing to something contractual in nature. I appreciate the discussions that happen on this listserv. It's great to have an opportunity for professionals of different fields to collaborate on these issues and to share their experience, insights, and expertise. Katie Aldrich From: Bob Norris <b...@filmideas.com<mailto:b...@filmideas.com>> To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu> Date: 10/17/2016 08:15 AM Subject: Re: [Videolib] Amazon Prime Sent by: videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu> ________________________________ Well, using the I'm not a lawyer just thinking logically approach, a professor and the students seems more similar to a public performance than a private viewing. Profs may have an affinity for their students but the students are not the prof's friends. It is rare that a prof would invite students into their home or hotel room, hopefully. However, when you have a public performance it is often people with something in common that have an affinity for one another but are not friends. It is not "Personal," which is the only right Amazon is granting. My 2 cents, Bob On Oct 15, 2016, at 2:27 PM, videolib-requ...@lists.berkeley.edu<mailto:videolib-requ...@lists.berkeley.edu> wrote: 1. Re: Amazon Prime (Dennis Doros) From: Dennis Doros <milefi...@gmail.com<mailto:milefi...@gmail.com>> Date: October 14, 2016 6:18:04 PM CDT To: Video Library questions <videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu>> Subject: Re: [Videolib] Amazon Prime Reply-To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu> "which takes place in your private home or apartment or, if outside your private home or apartment (e.g., in a hotel room, dorm room, office, or airport waiting lounge) is limited to a private viewing for you and your invitees." does make it seem like a classroom would not be permissible, but I agree it's ambiguous. Best regards, Dennis Doros Milestone Film & VideoOn Fri, Oct 14, 2016 at 3:49 PM, Andrew Horbal <ahor...@umd.edu<mailto:ahor...@umd.edu>> wrote: Hi all, " In my own personal (read: I am not a lawyer, so please do not construe this as legal advice; if you want legal advice, please consult an attorney!) opinion, a classroom setting whereby the only people present are the professor and the students in the class is more similar to a "private viewing for you and your invitees" (which is allowed by the license) than a "public presentation" (which is not). I will be curious to see who agrees with this interpretation and who disagrees, and why! Andy Horbal Head of Learning Commons 1101 McKeldin Library 7649 Library Ln. University of Maryland College Park, MD 20742 (301) 405-9227<tel:%28301%29%20405-9227> ahor...@umd.edu<mailto:ahor...@umd.edu> On Fri, Oct 14, 2016 at 3:27 PM, Jodie Borgerding <jborgerdin...@webster.edu<mailto:jborgerdin...@webster.edu>> wrote: I would be interested in hearing more about this. My initial reaction is that as long as it is in a classroom setting, fair use would still apply. However, I don’t feel confident in my fair use/copyright knowledge to make that call. ☺ Jodie ________________________________________ Jodie Borgerding, MLS Instruction and Liaison Librarian Missouri Library Association President Webster University Library 470 E. Lockwood St. Louis, MO 63119 (314) 246-7819<tel:%28314%29%20246-7819> jborgerdin...@webster.edu<mailto:jborgerdin...@webster.edu> http://library.webster.edu<http://library.webster.edu/> http://molib.org<http://molib.org/> 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 Karsten, Eileen Sent: Friday, October 14, 2016 9:44 AM To: Videolib (videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu>) <videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu>> Subject: [Videolib] Amazon Prime Dear CW, Has anyone an Amazon Prime Business Account? Have you used it to allow faculty to view Amazon Video? We have a faculty member who wants us to get an account so that he can view Transparent for a class. If it is applicable, he wants to show it to his students. On Amazon, everything related to an Amazon Prime Business account talks about free shipping and being able to share that with others in your business. It does not mention Amazon Video, Amazon Music, etc. Under Amazon Video, the following is stated: d. License to Digital Content. Subject to payment of any applicable fees to rent, purchase, or access Digital Content, and your compliance with all terms of this Agreement, Amazon grants you a personal, non-exclusive, non-transferable, non-sublicensable, license, during the applicable Viewing Period, to access, view, use and display the Digital Content in accordance with the Usage Rules, for Non-Commercial, Private Use. "Non-Commercial, Private Use" means a presentation of Digital Content for which no fee or consideration of any kind (other than that which you pay to us to view the Digital Content) is charged or received, which takes place in your private home or apartment or, if outside your private home or apartment (e.g., in a hotel room, dorm room, office, or airport waiting lounge) is limited to a private viewing for you and your invitees. Non-Commercial, Private Use specifically excludes any public presentation (e.g., a presentation in a dorm lounge) and any presentation by a place of public accommodation or other commercial establishment (e.g., a bar or restaurant), even if no fee is charged for viewing the Digital Content. To simplify your viewing and management of Digital Content that has a limited Viewing Period (such as Rental Digital Content and Subscription Digital Content), we may automatically remove that Digital Content from your Compatible Device after the end of its Viewing Period, and you consent to such automatic removal. Does the educational exemption apply to showing it in a classroom apply to Amazon Prime? For whatever reason, Transparent has not been released on DVD. Thank you for any help you can provide on this subject. Eileen Karsten Head of Technical Services Donnelley and Lee Library Lake Forest College 555 N. Sheridan Road Lake Forest, IL 60045 847-735-5066<tel:847-735-5066> kars...@lakeforest.edu<mailto:kars...@lakeforest.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. -- Andrew Horbal Head of Learning Commons 1101 McKeldin Library 7649 Library Ln. University of Maryland College Park, MD 20742 (301) 405-9227<tel:%28301%29%20405-9227> ahor...@umd.edu<mailto:ahor...@umd.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. -- Andrew Horbal Head of Learning Commons 1101 McKeldin Library 7649 Library Ln. University of Maryland College Park, MD 20742 (301) 405-9227<tel:%28301%29%20405-9227> ahor...@umd.edu<mailto:ahor...@umd.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.
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.
