[Videolib] The Good News about Library Fair Use (infographic)
Greetings, The ARL has created a great new resource to promote fair use and the Code of Best Practices. The full PDF is available at: http://www.arl.org/publications-resources/2875 There are three versions available: a full-size PDF, an 8.5 x 11 letter sized PDF for printing, and a PNG file for blogs and website. Please spread the word! -- Pia M. Hunter Reserve/Media and Microforms | University Library (M/C 234) University of Illinois at Chicago 801 South Morgan Street, Suite 1-250 LIB | Chicago, Illinois 60607 reserve submissions: lib-...@uic.edu | copyright inquiries: copyright@uic. edu phone: 312-996-2719 | fax: 312.996.0901 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.
Re: [Videolib] ALCTS E-Forum: Streaming Media: Acquisition, Discovery and Usage Data, Aug. 27-28
Thanks for sharing, Deg. I hope to attend! You mention that this is More evidence that the role of the media librarian is being assumed by acquisitions... This brings up a great topic: professional development! If the traditional role of the media librarian is being assumed by acquisitions, then what type of professional development do you recommend for current media librarians who will need to transform themselves? Sharing this question on list because in case your response will benefit others, but feel free to respond off list. Thank you for any advice you can offer! Best wishes, Laura Laura Jenemann Film Studies/Media Services Librarian Johnson Center Library George Mason University 4400 University Drive MS 1A6 Fairfax VA, 22030 Phone: 703-993-7593 Email: ljene...@gmu.edu From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Deg Farrelly Sent: Tuesday, August 20, 2013 5:27 PM To: videolib@lists.berkeley.edu Subject: [Videolib] ALCTS E-Forum: Streaming Media: Acquisition, Discovery and Usage Data, Aug. 27-28 More evidence that the role of the media librarian is being assumed by acquisitions... Looks to be a flurry of emails rather than a contained program. -deg deg farrelly, Media Librarian Arizona State University Libraries Hayden Library C1H1 P.O. Box 871006 Tempe, Arizona 85287-1006 Phone: 602.332.3103 --- http://tinyurl.com/AboutNMM To market, to market, to find some fresh film. I'm attending the 2013 National Media Market, November 3-7 In Charleston, South Carolina. See you there? ALCTS E-Forum: Streaming Media: Acquisition, Discovery and Usage Data, Aug. 27-28 From: ALCTS-CE Announce alcts.ce.annou...@gmail.com **Please Join Us! Free and Open to Everyone!** Streaming Media: Acquisition, Discovery and Usage Data August 27-28, 2013 Hosted by Sally Gibson and Susan Marcin Please join us for an e-forum discussion. It's free and open to everyone! Registration information is at the end of the message. Each day, discussion begins and ends at: Pacific: 7am - 3pm Mountain: 8am - 4pm Central: 9am - 5pm Eastern: 10am - 6pm Description Streaming media is on the rise in library collections as well as in the classroom. This e-forum will explore the streaming media acquisitions process, how access is established to optimize discovery and how usage information should inform each step of the process. Topics covered will include: . Streaming media vendors . Optimizing discovery . Marketing . Usage data . Workflow . Legal issues and licensing Sally Gibson is Head of the CAP Department at Illinois State University. She oversees cataloging, acquisitions, and processing. Prior to joining ISU in July 2013, she was the Head of Technical Services at Creighton University's Reinert Alumni Library. She also held positions in serials and electronic resources and reference. Sally serves on the ALCTS AS Research and Statistics Committee and is chair of the ACRL College Libraries Section. Susan Marcin is the Head of Electronic Resources Management: Technologies User Experience for Columbia University Libraries/Information Services, where her work focuses on electronic resource licensing, user services, management, and strategic planning. Previously, Susan was the Head of Digital Services Technology Planning at Fairfield University. She has also held positions at Pratt Institute's School of Information and Library Science, The New York Public Library, PAIS International, and T3 Media, a New York City-based Web design and strategy firm. Presently Susan serves on the ALA ALCTS AS Research and Statistics Committee, the ALA LLAMA Leadership Development Committee, and the NISO IOTA (Improving OpenURLs Through Analytics) working group. *What is an e-forum?* An ALCTS e-forum provides an opportunity for librarians to discuss matters of interest, led by a moderator, through the e-forum discussion list. The e-forum discussion list works like an email listserv: register your email address with the list, and then you will receive messages and communicate with other participants through an email discussion. Most e-forums last two to three days. Registration is necessary to participate, but it's free. See a list of upcoming e-forums at: http://bit.ly/upcomingeforum. *To register:* Instructions for registration are available at: http://bit.ly/eforuminfo. Once you have registered for one e-forum, you do not need to register again, unless you choose to leave the email list. Participation is free and open to anyone. Posted on behalf of the ALCTS Continuing Education Committee 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
Re: [Videolib] The Good News about Library Fair Use (infographic)
Because they are developed by practice communities themselves without intimidation from hostile outside groups. Wow! I didn't realize I was so tough! Next time I meet a librarian, I'll have to ease up on my hostility. ;-) Best regards, Dennis Doros Milestone Film Video/Milliarium Zero PO Box 128 / Harrington Park, NJ 07640 Phone: 201-767-3117 / Fax: 201-767-3035 / Email: milefi...@gmail.com Visit our main website! www.milestonefilms.com Visit our new websites! www.portraitofjason.com, www.shirleyclarkefilms.com , Support Milestone Film on Facebookhttp://www.facebook.com/pages/Milestone-Film/22348485426 and Twitter https://twitter.com/#!/MilestoneFilms! See the website: Association of Moving Image Archivistshttp://www.amianet.org/ and like them on Facebookhttp://www.facebook.com/pages/Association-of-Moving-Image-Archivists/86854559717 AMIA 2013 Conference, Richmond, Virginia, November 5-9!http://www.amianet.org/ On Wed, Aug 21, 2013 at 9:46 AM, Pia Hunter huntr...@uic.edu wrote: Greetings, The ARL has created a great new resource to promote fair use and the Code of Best Practices. The full PDF is available at: http://www.arl.org/publications-resources/2875 There are three versions available: a full-size PDF, an 8.5 x 11 letter sized PDF for printing, and a PNG file for blogs and website. Please spread the word! -- Pia M. Hunter Reserve/Media and Microforms | University Library (M/C 234) University of Illinois at Chicago 801 South Morgan Street, Suite 1-250 LIB | Chicago, Illinois 60607 reserve submissions: lib-...@uic.edu | copyright inquiries: copyright@uic. edu phone: 312-996-2719 | fax: 312.996.0901 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.
Re: [Videolib] The Good News about Library Fair Use (infographic)
Because they are developed by practice communities themselves without intimidation from hostile outside groups. Translation We did not want rights holders and actual copyright lawyers to interfere with our views I believe this document is at least a year old. It does contain the single most insane notion I have seen re streaming feature films which was the same one expressed at the ALA conference session I went to. Basically they claim that you can stream any ENTIRE feature film because using it in a class is transformative from it's original purpose of entertainment This has ZERO basis in law or any previous copyright case and is actually directly contradicted by many. At the ALA session when I asked asked if this were indeed correct did it not also apply to books so that a library could scan and upload The Great Gatsby, Catch 22 etc, the response was that is an interesting question which of course was a total dodge of this absurd theory. This justifies making and streaming copies of ANY work not created exclusively for educational use. Good luck defending that in court. On Wed, Aug 21, 2013 at 10:43 AM, Dennis Doros milefi...@gmail.com wrote: Because they are developed by practice communities themselves without intimidation from hostile outside groups. Wow! I didn't realize I was so tough! Next time I meet a librarian, I'll have to ease up on my hostility. ;-) Best regards, Dennis Doros Milestone Film Video/Milliarium Zero PO Box 128 / Harrington Park, NJ 07640 Phone: 201-767-3117 / Fax: 201-767-3035 / Email: milefi...@gmail.com Visit our main website! www.milestonefilms.com Visit our new websites! www.portraitofjason.com, www.shirleyclarkefilms.com, Support Milestone Film on Facebookhttp://www.facebook.com/pages/Milestone-Film/22348485426 and Twitter https://twitter.com/#!/MilestoneFilms! See the website: Association of Moving Image Archivistshttp://www.amianet.org/ and like them on Facebookhttp://www.facebook.com/pages/Association-of-Moving-Image-Archivists/86854559717 AMIA 2013 Conference, Richmond, Virginia, November 5-9!http://www.amianet.org/ On Wed, Aug 21, 2013 at 9:46 AM, Pia Hunter huntr...@uic.edu wrote: Greetings, The ARL has created a great new resource to promote fair use and the Code of Best Practices. The full PDF is available at: http://www.arl.org/publications-resources/2875 There are three versions available: a full-size PDF, an 8.5 x 11 letter sized PDF for printing, and a PNG file for blogs and website. Please spread the word! -- Pia M. Hunter Reserve/Media and Microforms | University Library (M/C 234) University of Illinois at Chicago 801 South Morgan Street, Suite 1-250 LIB | Chicago, Illinois 60607 reserve submissions: lib-...@uic.edu | copyright inquiries: copyright@uic .edu phone: 312-996-2719 | fax: 312.996.0901 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.
Re: [Videolib] NOT videoŠ but new copyright case with Harvard School of Business
I don't know any more about this lawsuit but here is more info re Harvard's tight grip on its intellectual property. We used to get full text of Harvard Business Review (HBR) online via Business Source Premier (EBSCO Host). HBR has recently renegotiated the license agreement with EBSCO such that 500 of the most popular articles can only be read online. They cannot be downloaded, printed, or even linked to. For ~$40,000 more we can retain full access to those articles. The list of articles changes as new articles prove to be popular. I'd like to kick EBSCO where it hurts, in the pocketbook, and tell them to take their product elsewhere for negotiating such a license but I'm not in charge. Jo Ann Jo Ann Reynolds Reserve Services Coordinator University of Connecticut Libraries 369 Fairfield Road, Unit 1005RR Storrs, CT 06269-1005 jo_ann.reyno...@lib.uconn.edu 860-486-1406 860-486-5636 (fax) http://classguides.lib.uconn.edu/mediaresources From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Deg Farrelly Sent: Tuesday, August 20, 2013 9:19 PM To: videolib@lists.berkeley.edu Subject: [Videolib] NOT videoŠ but new copyright case with Harvard School of Business Some of the most tightly controlled print material in academic libraries Should be interesting. -deg deg farrelly, Media Librarian Arizona State University Libraries Hayden Library C1H1 P.O. Box 871006 Tempe, Arizona 85287-1006 Phone: 602.332.3103 --- http://tinyurl.com/AboutNMM To market, to market, to find some fresh film... I'm attending the 2013 National Media Market, November 3-7 In Charleston, South Carolina. See you there? From: David Hansen dhan...@law.berkeley.edumailto:dhan...@law.berkeley.edu Date: Tue, 20 Aug 2013 08:47:23 -0400 I thought some of you might be interested in this lawsuit. I haven't seen it on the blogs anywhere yet - The gravamen on the complaint is that ISCE library has made unauthorized copies of the full text of plaintiff's works and has displayed/distributed them to ISCE members, who pay a fee for access (though it is dubbed a membership fee by ISCE) . In both the Plaintiffs' complaint and the Defendants' answer, it sounds as if there are some important access limitations: 1) the complaint acknowledges that only one person may access a work at a time, 2) in Defendants' answer, they claim that the full text can only be checked out for two hours at a time, and 3) the answer also claims that only two pages can be browsed at a time. This statement, I think, sums up what ISCE is trying to do The ISCE Library is the closest possible digital analogue to a traditional specialized research library - providing temporary and controlled access one borrower at a time to lawfully-purchased copies of works maintained at the library's leased physical premises at AWS - and with a unique digital reference librarian. (Answer at para 15). The case raises a number of significant issues about the applicability of library privileges (Sec. 108), fair use (Sec. 107), first sale (Sec. 109)., 110 (non-profit educational displays), and Sec. 117 (designed to facilitate necessary copying for computer programs). All are raised in the complaint or answer. Case citation and copies of the complaint and answer/counterclaims below: Harvard Business School Publishing Corp., John Wiley Sons, Inc., and Univ. of Chicago v. Institute for the Study of Coherence and Emergence, Inc., et al., Case No. 13-cv-11450(GAO), (D. Mass., June 17, 2013) http://isce-library.org/suit.pdf http://isce-library.org/answer.pdf Does anyone know more about this? 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.
Re: [Videolib] The Good News about Library Fair Use (infographic)
Hello everyone, Ms. Rosner's description of the ARL position is, as usual, simplistic and ultimately erroneous. ARL does not simply claim that you can stream an entire film for class purposes without taking any other factors into account. Among the other limitations, in Best Practices parlance, the ARL authors cite are: * the availability of materials should be coestensive with the duration of the course or other time-limited use * only eligible students ... should have access * and, perhaps most importantly, materials should be made available only when, and only to the extent that, there is a clear articulable nexus between the instructor's pedagogical purpose and the kind and amount of content involved [the emphasis is mine]. These are not trivial limitations to be dismissed for the purposes of polemics. Rather, these are absolutely crucial factors, the absence of any one of which might lead even the ARL authors (not to mention a judge and jury) to conclude that a particular use is in fact not fair, but infringing. Let me repeat this in case the rights holders on the list don't get it: in order for ARL (and -- since the best practices guidelines are obviously NOT part of the text of the copyright law -- only ARL, at this point, along with those who subscribe to their best practices arguments) to suggest that screening an entire film would be fair use, there would have to be a clear pedagogical purpose for screening the entire film that is not served by screening only a portion. These cases are relatively few and far between, in my experience with faculty. Ms. Rosner and others have argued before in this forum that NO use of an ENTIRE copyrighted work should EVER be considered fair use. The ARL Best Practices folks clearly disagree with this assertion. But they most certainly do not argue that ANY use of an ENTIRE copyrighted work in an educational setting is fair, and for Ms. Rosner to keep implying they do is disingenuous. Until the courts rule clearly on these issues, the ARL document suggests that ALL of the criteria above, along with others I haven't listed, need to be considered before sound judgment regarding fair use can be exercised. At Middlebury, we do not make fair use decisions to avoid purchasing things, to avoid licensing fees, to avoid seeking permission, or to avoid hard work. We do make fair use decisions when we have few or no options open to us, and we need to move forward in order to carry out the teaching, learning, and research imperatives of the institution. For us, the ARL guidelines are thoughtful, clear, and articulate, something I can't always say about the arguments I hear coming from rights holders. Terry Terry Simpkins Director, Research and Collection Services Library Information Services Middlebury College, Middlebury, VT 05753 (802) 443-5045 From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner Sent: Wednesday, August 21, 2013 11:53 AM To: videolib@lists.berkeley.edu Subject: Re: [Videolib] The Good News about Library Fair Use (infographic) Because they are developed by practice communities themselves without intimidation from hostile outside groups. Translation We did not want rights holders and actual copyright lawyers to interfere with our views I believe this document is at least a year old. It does contain the single most insane notion I have seen re streaming feature films which was the same one expressed at the ALA conference session I went to. Basically they claim that you can stream any ENTIRE feature film because using it in a class is transformative from it's original purpose of entertainment This has ZERO basis in law or any previous copyright case and is actually directly contradicted by many. At the ALA session when I asked asked if this were indeed correct did it not also apply to books so that a library could scan and upload The Great Gatsby, Catch 22 etc, the response was that is an interesting question which of course was a total dodge of this absurd theory. This justifies making and streaming copies of ANY work not created exclusively for educational use. Good luck defending that in court. On Wed, Aug 21, 2013 at 10:43 AM, Dennis Doros milefi...@gmail.commailto:milefi...@gmail.com wrote: Because they are developed by practice communities themselves without intimidation from hostile outside groups. Wow! I didn't realize I was so tough! Next time I meet a librarian, I'll have to ease up on my hostility. ;-) Best regards, Dennis Doros Milestone Film Video/Milliarium Zero PO Box 128 / Harrington Park, NJ 07640 Phone: 201-767-3117tel:201-767-3117 / Fax: 201-767-3035tel:201-767-3035 / Email: milefi...@gmail.commailto:milefi...@gmail.com Visit our main website! www.milestonefilms.comhttp://www.milestonefilms.com/ Visit our new websites! www.portraitofjason.comhttp://www.portraitofjason.com,
Re: [Videolib] The Good News about Library Fair Use (infographic)
Sorry but those limitations do not change the fact that ACRL AND Brenden Butler in a public session say it was entirely legal to steam ALL of CITIZEN KANE ( which is legally available to license from Swank) because it was made for entertainment and was now being used for education and that made it tranformative. There was no special pedagogical use use suggested. It was perfectly clear that he said any feature film being used in a class could be legally steamed in its entirety under fair use Does he not speak for ACRL? I know of many schools streaming entire feature films without ever bothering to check with license or pay copyright holders. If this is NOT the position of ACRL than I suggest someone have Mr. Butler explain why he said so AND avoided the corollary issue of if this would not also be true of written materials. I am not making this up. Either ACRL and ALA believe it is legal to stream a feature film ( for a class limited to the students enrolled) without a license or they don't and so far one of their top guys says they do. If one argues that streaming an entire film to students for a class is legal because it is transformativeto take entertainment material and use it for educational purposes it surely follows that this can be applied to any material an educational institution uses even if Mr. Butler flat out refused to answer the question. I sincerely appreciate that Middlebury is doing the right thing but I am not a nut job and in fact believe very strongly in legitimate fair use but I also work with filmmakers who have seen there works ripped off by the very institutions they trusted and sadly because of financial pressures from the top more institutions seem to do this On Wed, Aug 21, 2013 at 12:59 PM, Simpkins, Terry W. tsimp...@middlebury.edu wrote: Hello everyone, Ms. Rosner’s description of the ARL position is, as usual, simplistic and ultimately erroneous. ARL does not simply claim that you can stream an entire film for class purposes without taking any other factors into account. Among the other “limitations,” in Best Practices parlance, the ARL authors cite are: **· **“the availability of materials should be coestensive with the duration of the course or other time-limited use” **· **“only eligible students … should have access” **· **and, perhaps most importantly, “materials should be made available *only when, and only to the extent that, there is a clear articulable nexus between the instructor’s pedagogical purpose and the kind and amount of content involved*” [the emphasis is mine]. These are not trivial limitations to be dismissed for the purposes of polemics. Rather, these are absolutely crucial factors, the absence of any one of which might lead even the ARL authors (not to mention a judge and jury) to conclude that a particular use is in fact * not *fair, but infringing. Let me repeat this in case the rights holders on the list don’t get it: in order for ARL (and -- since the best practices guidelines are obviously NOT part of the text of the copyright law -- only ARL, at this point, along with those who subscribe to their best practices arguments) to suggest that screening an entire film would be fair use, there would have to be a clear pedagogical purpose for screening the entire film that is not served by screening only a portion. These cases are relatively few and far between, in my experience with faculty. ** ** Ms. Rosner and others have argued before in this forum that NO use of an ENTIRE copyrighted work should EVER be considered fair use. The ARL Best Practices folks clearly disagree with this assertion. But they most certainly do not argue that ANY use of an ENTIRE copyrighted work in an educational setting is fair, and for Ms. Rosner to keep implying they do is disingenuous. Until the courts rule clearly on these issues, the ARL document suggests that ALL of the criteria above, along with others I haven’t listed, need to be considered before sound judgment regarding fair use can be exercised. At Middlebury, we do not make fair use decisions to avoid purchasing things, to avoid licensing fees, to avoid seeking permission, or to avoid hard work. We do make fair use decisions when we have few or no options open to us, and we need to move forward in order to carry out the teaching, learning, and research imperatives of the institution. For us, the ARL guidelines are thoughtful, clear, and articulate, something I can’t always say about the arguments I hear coming from rights holders. ** ** Terry ** ** *Terry Simpkins* Director, Research and Collection Services Library Information Services Middlebury College, Middlebury, VT 05753 (802) 443-5045 ** ** *From:* videolib-boun...@lists.berkeley.edu [mailto: videolib-boun...@lists.berkeley.edu] *On Behalf Of *Jessica Rosner *Sent:* Wednesday, August
[Videolib] Call for Articles: Biz of Acq column of Against the Grain
Against the Grain is a down-to-earth, practice-oriented library journal. Its goal is to provide acquisitions librarians in all types of libraries, and information sellers, with current information on events in the field, and practical insights into acquisitions techniques and processes. The Biz of Acq column features discussions of key acquisitions topics by working librarians. Ideas for upcoming Biz of Acq articles include: --Statistics and reports for e-resource management --Patron Driven Acquisitions --E-book platforms --E-book workflows --Streamlining e-resource management with an ERM system --Negotiating licenses and prices --Discovery tools and acquisitions --Technology of acquisitions --Finding and selecting vendors and vendor comparison and assessment --Acquiring MP3's, scores, and e-scores --Workflow analysis --Managing accounting, accounts, and audits --RDA and Acquisitions --Acquisitions/Cataloging workflows --Changes in the nature of acquisitions work due to changing collections --Repurposing acquisitions staff Feel free to choose any of these topics, or one of your own. Theoretical articles, research reports, how-to articles, case studies, literature reviews and conceptual or opinion pieces are welcome. Article length should be approximately 1200-1500 words (4-5 pages, double-spaced). Contributions may be written by individuals or co-authored. URL: http://www.against-the-grain.com/ If you are interested in writing for Biz of Acq, please contact the editor: Michelle Flinchbaugh Acquistions Librarian UMBC Library 1000 Hilltop Circle Baltimore, MD 21250 Phone: 410-455-6754 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.
Re: [Videolib] The Good News about Library Fair Use (infographic)
Jessica and all, First off - it was pointed out to me off-list that my response contained some imprecise language. Namely, I said: ...to suggest that screening an entire film would be fair use, there would have to be a clear pedagogical purpose for screening the entire film that is not served by screening only a portion. I meant to focus on streaming issues, not screening issues in general, and should have use streaming in place of the bolded words, above. Many thanks to Eileen Karsten for pointing this out to me, and apologies if this muddied the intelligibility of my post. Now, regarding Jessica's response: Not having heard this particular talk by Mr. Butler, I can't comment on what he said or did not say. However, I would argue that the official ARL (not ACRL, by the way) position is the one articulated in the document. If he did not specifically talk about pedagogical use, my guess (and it's just that) would be that he was making certain assumptions about the reasons behind the streaming. As for schools that stream entire films without bothering to check etc., well, those schools may well be infringing! However, this does not change or invalidate the ARL position as stated in the document, because these schools, from Jessica's description, are not adhering to the published guidelines. Furthermore, Ms. Rosner seems at times to reduce things to simple dichotomies: Either ACRL [actually ARL] and ALA believe it is legal to stream a feature film (for a class limited to the students enrolled) without a license or they don't. Well, no, their positions are not quite so reductionist. ARL believes it is legal to stream an entire feature film under certain circumstances. It's not a binary position, it's actually a well, it depends position. As for the issue about books, I actually agree with Ms. Rosner: if ARL makes the transformative argument about films, then it seems reasonable (to me) to make the same argument about books, subject to similar limitations. It may be that, as a lawyer employed by ARL, Mr. Butler was not interested in articulating a new ARL legal policy in public, on the spot, and so, as lawyers are wont to do, found it necessary to equivocate. I can't say I would really blame him for that. I'm not really arguing about the legality of ARL's position, though I hope it ultimately passes the test in a courtroom someday. I just want it to be very clear that the guidelines as published place a variety of limitations on the concept of streaming and e-access to library materials, and they do not, in fact, contain blanket statements such as XYZ is ALWAYS legal or ABC is ALWAYS infringing. Their position in their published documents is fairly nuanced, and the debates should reflect those nuances, not sweep them aside. Finally, thank you for your kind words about Middlebury and fair use in general. I apologize profusely if I ever insinuated or implied you were a nut job (I hope I have never done that). I recognize you have a wealth of experience within the film community, and I have read many of your posts to this board that have been exceedingly helpful in finding distributors, rights holders, warning about piracy sites, etc. These can be invaluable for anyone involved with copyright issues and film. Kind regards, Terry Terry Simpkins Director, Research and Collection Services Library Information Services Middlebury College, Middlebury, VT 05753 (802) 443-5045 From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner Sent: Wednesday, August 21, 2013 1:24 PM To: videolib@lists.berkeley.edu Subject: Re: [Videolib] The Good News about Library Fair Use (infographic) Sorry but those limitations do not change the fact that ACRL AND Brenden Butler in a public session say it was entirely legal to steam ALL of CITIZEN KANE ( which is legally available to license from Swank) because it was made for entertainment and was now being used for education and that made it tranformative. There was no special pedagogical use use suggested. It was perfectly clear that he said any feature film being used in a class could be legally steamed in its entirety under fair use Does he not speak for ACRL? I know of many schools streaming entire feature films without ever bothering to check with license or pay copyright holders. If this is NOT the position of ACRL than I suggest someone have Mr. Butler explain why he said so AND avoided the corollary issue of if this would not also be true of written materials. I am not making this up. Either ACRL and ALA believe it is legal to stream a feature film ( for a class limited to the students enrolled) without a license or they don't and so far one of their top guys says they do. If one argues that streaming an entire film to students for a class is legal because it is transformative to take entertainment material and use it for educational
Re: [Videolib] The Good News about Library Fair Use (infographic)
The problem is that clear pedological reason for streaming an entire film is pretty much an open invitation to do stream anything that a professor wants the students watch.. Of course there is a reason to use the whole film and not just a portion. Professors often want their students to see entire films and lots of them depending on the course but they don't want to waste class time with the showings and they also often don't want their students to have to watch them in the library or check them out from reserve. That wording is pretty much meaningless in my view since it pretty easy to correctly claim you need the whole film for a course, the key question is does that qualify for fair use and again Mr. Butler and ARL ( sorry about that but as you will see from link I screwed up taking that from the session header and ironically originally had ARL and went back and changed all of them) say that it is under what I consider to be the totally incorrect theory that merely using material that was produced for the general public in a class is transformative because taken to its logical conclusion it would cover any work not produced for the educational market and would also invalidate decades of copyright law and cases up to and including Georgia State ( which is of course on appeal) which librarians considered a huge victory but which made it very clear that only portions of a larger work could qualify as fair use which has pretty much been the standard. I have asked for ANY example where it would be legal to stream an entire film without a license. Mr. Butler thinks any class use would make it legal but I have not heard of any other example. I could think of some but they would not specifically involve educational use. In theory one could take Citizen Kane, dub the entire track with say odd political commentary and cut in some scenes of say Fox News and though I am sure WB would throw a fit, the satire exemption could certainly be legitimately argued. Again it was very clear to me that Mr. Butler ( as well as others you can guess) are claiming that other than being used in a class and limited to enrolled students, feature films can be streamed in their entirety under the entertainment is now educational theory without license or payment to rights holders. If I somehow misunderstood or this is not the belief of ARL surely they can say so and provide SOME explanation of what would constitute clear pedagogical reason for being able to steam complete films. I know I sound a bit deranged on this but I routinely get emails from librarians begging for help because their administration is telling them to stream whole films and they do not have to license it. Likewise I get info from filmmakers and professors about wholesale streaming of feature films at colleges I really, really do appreciate the majority of libertarians and institutions who do the right thing and I also understand how frustrating it is that so many films either can not be licensed or the rights holder wants an insane amount of money. Here is the link to session, most of which was interesting and informative about legitimate fair use but there was a general consensus of don't worry you won't get caught even if it is not fair use and if you do it won't cost you anything which I thought was kind of arrogant for libraries Here is link to session and I know there was at least one other videolib person there if they want to chime in. This streaming films and books issue/questions came up at the end. http://ala13.ala.org/node/10062 Again I am sincerely grateful to those who legally license/ buy material which I believe includes almost everyone on this list. On my end I work hard to get filmmakers I represent to understand that things have changed and they need to be willing to let go and if needed sell their works in perpetuity instead of expecting more sales if formats change and they can't charge institutions more than individuals for the same use ( excluding streaming , PPR of course but then most of them only sell to the educational market. We are all in this together. On Wed, Aug 21, 2013 at 1:58 PM, Simpkins, Terry W. tsimp...@middlebury.edu wrote: Jessica and all, First off – it was pointed out to me off-list that my response contained some imprecise language. Namely, I said: “…to suggest that *screening*an entire film would be fair use, there would have to be a clear pedagogical purpose for *screening* the entire film that is not served by *screening* only a portion.” I meant to focus on “streaming” issues, not “screening” issues in general, and should have use “streaming” in place of the bolded words, above. Many thanks to Eileen Karsten for pointing this out to me, and apologies if this muddied the intelligibility of my post.** ** ** ** Now, regarding Jessica’s response: Not having heard this particular talk by Mr. Butler, I can’t comment on what he said or did not say. However, I would argue that
[Videolib] The Good News about Library Fair Use maybe not so good!!!
Hi all The discussion on copyright and fair use never ends, why don't you all just buy the films with PPR in first place than there will be no discussion at all, no cases no judges lawyers, just simply buy the rights that is what Anthony at UCLA does. If you buy with PPR then classroom use is covered but also just a Friday evening film club could screen the film, as a distributer of the film One Day After Peace by producers order is distributed only as PPR. Other films the difference between University library use to PPR is $50 ($200-$250) I'm not keen on selling to individuals for personal home use, but sometimes people are keen on a film they heard about or have a personal tie to the story so I provide the film The following exchange of mails with a professor emeritus can explain the problem of selling a private copy (I have rubbed out the identity of the Prof) -- From: nahum laufer [mailto:lauf...@netvision.net.il] Sent: Friday, August 09, 2013 4:59 PM Dear . Thanks for asking the ..University library to order the film, and your advice. Yet putting the film on sale at retail outlet is shooting mine own leg. The following is not complaint but an explanation! According to rules in USA 1) Any professor or teacher can buy it for $30 and then screen it in classroom in Face to Face situation. 2) According to the rules of First Sale anybody can resale a legally purchased copy, even to university library! 3) A library can buy a DVD even if it is stated that the copy is only for home use, I already had 2 cases that DVDs of the Darien Dilemma were sold by Amazon to university libraries both were sold by people that received a Preview, one of the libraries (a very prestigious University) paid us again when they understood how the copy landed at Amazon. I let go the second one for it was a copy from a distributer that received a preview. As many librarians know that there are films that will not be put on the home video market as One day.they pay the fee asked for institutions with PPR (Public Performance Rights). For One Day After Peace it is $300 +$6 =$306 I do sell to private people for $50 + $6 (shipping)=$56 after I get a promise that it is for private home use. As I'm sure I can trust you please give me a sure Post address I'll send you a DVD of One Day.. And an invoice . Our Message is Peace, Salaam, Shalom Cheers Nahum Laufer http://onedayafterpeace.com/index.php http://docsforeducation.com/ Sales Docs for Education Erez Laufer Films Holland st 10 Afulla 18371 Israel Sent: Friday, August 09, 2013 12:29 AM To: nahum laufer Subject: Re: One Day After Peace I will strongly recommend this purchase to the library. I hope that the library will place an order, but whether it will do so is beyond my control. I *do* strongly urge you to sell DVDs to the public, for example via the National Center for Jewish Film (http://jewishfilm.org/). Best wishes, .. - Dear ... Thanks for your interest in our film One day After Peace. The fee for DVD for library use PPR (Public Performance Rights is $300 + $6 (SH)= $306 Let your university library give me an OK (order no) and sure post address I'll send the DVD and Invoice Cheers Nahum Laufer http://onedayafterpeace.com/index.php http://docsforeducation.com/ Sales Docs for Education Erez Laufer Films Holland st 10 Afulla 18371 Israel -Original Message- Sent: Wednesday, August 07, 2013 4:02 AM To: lauf...@netvision.net.il Subject: One Day After Peace Dear Nahum Laufer, Having seen the outstanding One Day After Peace at last year's San Francisco Jewish Film Festival, I've been hoping that it would be distributed commercially in the U. S. and would eventually come out on DVD (in which case I would be the first in line to buy it, to show to friends and loved ones). I understand that currently you are distributing it to educational institutions. I just retired as a university professor, and I'm wondering what the price would be for a U. S. DVD for an educational institution, if I could arrange for our university library to buy a copy. Thanks for your reply, and best wishes ... Today's Topics: 1. Re: The Good News about Library Fair Use (infographic) (Simpkins, Terry W.) -- Message: 1 Date: Wed, 21 Aug 2013 16:59:50 + From: Simpkins, Terry W. tsimp...@middlebury.edu Subject: Re: [Videolib] The Good News about Library Fair Use (infographic) To: videolib@lists.berkeley.edu videolib@lists.berkeley.edu Message-ID: c5a00423efac4246a7590e06910c563d5acca...@mountainlion.middlebury.edu Content-Type: text/plain; charset=us-ascii Hello
Re: [Videolib] The Good News about Library Fair Use maybe not so good!!!
Nahum (wearing my other hat) PPR is rarely an issue with libraries. THEY DO NOT NEED IT FOR CLASSROOM use as long as it is used in the class itself or shown in a classroom during the semester ( does anyone do those extra shows anymore). In the US and legal copy may be used in the classroom under the face to face teaching exemption. Do NOT sell on Amazon if you don't want problems. I worked on films that were never listed for individual sale but we got special requests for them via email. After vetting the request and asking the individual to confirm it was not for classroom or public use we usually but not always agreed to sell them a copy for $30. PPR has nothing to do with classroom use but for public showings outside of classes which honesty are not that common for most educational films and that would be a clear violation. We have actually been discussing streaming which might make your head explode if someone did with one of your films, Honestly the only way to control this is to NOT sell to individuals and only sell directly from your site. On Wed, Aug 21, 2013 at 3:05 PM, nahum laufer lauf...@netvision.net.ilwrote: Hi all The discussion on copyright and fair use never ends, why don't you all just buy the films with PPR in first place than there will be no discussion at all, no cases no judges lawyers, just simply buy the rights that is what Anthony at UCLA does. If you buy with PPR then classroom use is covered but also just a Friday evening film club could screen the film, as a distributer of the film One Day After Peace by producers order is distributed only as PPR. Other films the difference between University library use to PPR is $50 ($200-$250) I'm not keen on selling to individuals for personal home use, but sometimes people are keen on a film they heard about or have a personal tie to the story so I provide the film The following exchange of mails with a professor emeritus can explain the problem of selling a private copy (I have rubbed out the identity of the Prof) -- From: nahum laufer [mailto:lauf...@netvision.net.il] Sent: Friday, August 09, 2013 4:59 PM Dear . Thanks for asking the ..University library to order the film, and your advice. Yet putting the film on sale at retail outlet is shooting mine own leg. The following is not complaint but an explanation! According to rules in USA 1) Any professor or teacher can buy it for $30 and then screen it in classroom in Face to Face situation. 2) According to the rules of First Sale anybody can resale a legally purchased copy, even to university library! 3) A library can buy a DVD even if it is stated that the copy is only for home use, I already had 2 cases that DVDs of the Darien Dilemma were sold by Amazon to university libraries both were sold by people that received a Preview, one of the libraries (a very prestigious University) paid us again when they understood how the copy landed at Amazon. I let go the second one for it was a copy from a distributer that received a preview. As many librarians know that there are films that will not be put on the home video market as One day.they pay the fee asked for institutions with PPR (Public Performance Rights). For One Day After Peace it is $300 +$6 =$306 I do sell to private people for $50 + $6 (shipping)=$56 after I get a promise that it is for private home use. As I'm sure I can trust you please give me a sure Post address I'll send you a DVD of One Day.. And an invoice . Our Message is Peace, Salaam, Shalom Cheers Nahum Laufer http://onedayafterpeace.com/index.php http://docsforeducation.com/ Sales Docs for Education Erez Laufer Films Holland st 10 Afulla 18371 Israel Sent: Friday, August 09, 2013 12:29 AM To: nahum laufer Subject: Re: One Day After Peace I will strongly recommend this purchase to the library. I hope that the library will place an order, but whether it will do so is beyond my control. I *do* strongly urge you to sell DVDs to the public, for example via the National Center for Jewish Film (http://jewishfilm.org/). Best wishes, .. - Dear ... Thanks for your interest in our film One day After Peace. The fee for DVD for library use PPR (Public Performance Rights is $300 + $6 (SH)= $306 Let your university library give me an OK (order no) and sure post address I'll send the DVD and Invoice Cheers Nahum Laufer http://onedayafterpeace.com/index.php http://docsforeducation.com/ Sales Docs for Education Erez Laufer Films Holland st 10 Afulla 18371 Israel -Original Message- Sent: Wednesday, August 07, 2013 4:02 AM To: lauf...@netvision.net.il Subject: One Day After Peace Dear Nahum Laufer, Having seen the outstanding One Day After Peace at last year's San Francisco Jewish Film
Re: [Videolib] The Good News about Library Fair Use maybe not so good!!!
Hello Jessica, PPR is becoming a larger issue with us, as we are encountering more vendors who are using their own definition of PPR. We have come across vendor websites that essentially state that PPR is needed for educational screenings and if their videos are purchased without PPR, those videos may be used only for private home use. Has anyone else come across this problem? Michael S. Phillips Library Associate I Monographic Acquisitions Division Texas AM University acqmo...@library.tamu.edumailto:acqmo...@library.tamu.edu 5000 TAMU | College Station, TX 77843-5000 Tel. 979.845.1343 ext. 151 | Fax. 979.845.5310 http://library.tamu.edu From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner Sent: Wednesday, August 21, 2013 2:15 PM To: videolib@lists.berkeley.edu Subject: Re: [Videolib] The Good News about Library Fair Use maybe not so good!!! Nahum (wearing my other hat) PPR is rarely an issue with libraries. THEY DO NOT NEED IT FOR CLASSROOM use as long as it is used in the class itself or shown in a classroom during the semester ( does anyone do those extra shows anymore). In the US and legal copy may be used in the classroom under the face to face teaching exemption. Do NOT sell on Amazon if you don't want problems. I worked on films that were never listed for individual sale but we got special requests for them via email. After vetting the request and asking the individual to confirm it was not for classroom or public use we usually but not always agreed to sell them a copy for $30. PPR has nothing to do with classroom use but for public showings outside of classes which honesty are not that common for most educational films and that would be a clear violation. We have actually been discussing streaming which might make your head explode if someone did with one of your films, Honestly the only way to control this is to NOT sell to individuals and only sell directly from your site. On Wed, Aug 21, 2013 at 3:05 PM, nahum laufer lauf...@netvision.net.ilmailto:lauf...@netvision.net.il wrote: Hi all The discussion on copyright and fair use never ends, why don't you all just buy the films with PPR in first place than there will be no discussion at all, no cases no judges lawyers, just simply buy the rights that is what Anthony at UCLA does. If you buy with PPR then classroom use is covered but also just a Friday evening film club could screen the film, as a distributer of the film One Day After Peace by producers order is distributed only as PPR. Other films the difference between University library use to PPR is $50 ($200-$250) I'm not keen on selling to individuals for personal home use, but sometimes people are keen on a film they heard about or have a personal tie to the story so I provide the film The following exchange of mails with a professor emeritus can explain the problem of selling a private copy (I have rubbed out the identity of the Prof) -- From: nahum laufer [mailto:lauf...@netvision.net.ilmailto:lauf...@netvision.net.il] Sent: Friday, August 09, 2013 4:59 PM Dear . Thanks for asking the ..University library to order the film, and your advice. Yet putting the film on sale at retail outlet is shooting mine own leg. The following is not complaint but an explanation! According to rules in USA 1) Any professor or teacher can buy it for $30 and then screen it in classroom in Face to Face situation. 2) According to the rules of First Sale anybody can resale a legally purchased copy, even to university library! 3) A library can buy a DVD even if it is stated that the copy is only for home use, I already had 2 cases that DVDs of the Darien Dilemma were sold by Amazon to university libraries both were sold by people that received a Preview, one of the libraries (a very prestigious University) paid us again when they understood how the copy landed at Amazon. I let go the second one for it was a copy from a distributer that received a preview. As many librarians know that there are films that will not be put on the home video market as One day.they pay the fee asked for institutions with PPR (Public Performance Rights). For One Day After Peace it is $300 +$6 =$306 I do sell to private people for $50 + $6 (shipping)=$56 after I get a promise that it is for private home use. As I'm sure I can trust you please give me a sure Post address I'll send you a DVD of One Day.. And an invoice . Our Message is Peace, Salaam, Shalom Cheers Nahum Laufer http://onedayafterpeace.com/index.php http://docsforeducation.com/ Sales Docs for Education Erez Laufer Films Holland st 10 Afulla 18371 Israel Sent: Friday, August 09, 2013 12:29 AM To: nahum laufer Subject: Re: One Day After Peace I will strongly recommend this purchase to the library. I hope that the library will place an order, but
Re: [Videolib] The Good News about Library Fair Use maybe not so good!!!
They can say what they want but that is not the law. If they require you to literally sign a statement in order to purchase the item then it is a contract but classroom use has NOTHING to do ppr or for that matter fair use It is covered under face to face which is the most blessedly specific section of the copyright code. This comes up a lot. I guess it may be an issue of ethics but frankly whoever is saying you need PPR for standard classroom use ( in the class) or circulating etc is at best misinformed and at worse lying. Again any rights holder is free to say I have different prices for individuals and institutions and to enforce it by contract but it again it has nothing to do with copyright law or PPR and IF the item is available through a third party vender I would not hesitate to use them. PS Educational screening is meaningless term. Classroom use is fully covered under Face to Face an actual open screening on a campus would indeed require PPR. On Wed, Aug 21, 2013 at 3:48 PM, Michael Phillips mphil...@library.tamu.edu wrote: Hello Jessica, ** ** PPR is becoming a larger issue with us, as we are encountering more vendors who are using their own definition of PPR. We have come across vendor websites that essentially state that PPR is needed for educational screenings and if their videos are purchased without PPR, those videos may be used only for private home use. ** ** Has anyone else come across this problem? ** ** Michael S. Phillips Library Associate I Monographic Acquisitions Division Texas AM University acqmo...@library.tamu.edu 5000 TAMU | College Station, TX 77843-5000 Tel. 979.845.1343 ext. 151 | Fax. 979.845.5310 http://library.tamu.edu ** ** ** ** ** ** *From:* videolib-boun...@lists.berkeley.edu [mailto: videolib-boun...@lists.berkeley.edu] *On Behalf Of *Jessica Rosner *Sent:* Wednesday, August 21, 2013 2:15 PM *To:* videolib@lists.berkeley.edu *Subject:* Re: [Videolib] The Good News about Library Fair Use maybe not so good!!! ** ** Nahum (wearing my other hat) PPR is rarely an issue with libraries. THEY DO NOT NEED IT FOR CLASSROOM use as long as it is used in the class itself or shown in a classroom during the semester ( does anyone do those extra shows anymore). In the US and legal copy may be used in the classroom under the face to face teaching exemption. Do NOT sell on Amazon if you don't want problems. I worked on films that were never listed for individual sale but we got special requests for them via email. After vetting the request and asking the individual to confirm it was not for classroom or public use we usually but not always agreed to sell them a copy for $30. PPR has nothing to do with classroom use but for public showings outside of classes which honesty are not that common for most educational films and that would be a clear violation. We have actually been discussing streaming which might make your head explode if someone did with one of your films, Honestly the only way to control this is to NOT sell to individuals and only sell directly from your site. ** ** On Wed, Aug 21, 2013 at 3:05 PM, nahum laufer lauf...@netvision.net.il wrote: Hi all The discussion on copyright and fair use never ends, why don't you all just buy the films with PPR in first place than there will be no discussion at all, no cases no judges lawyers, just simply buy the rights that is what Anthony at UCLA does. If you buy with PPR then classroom use is covered but also just a Friday evening film club could screen the film, as a distributer of the film One Day After Peace by producers order is distributed only as PPR. Other films the difference between University library use to PPR is $50 ($200-$250) I'm not keen on selling to individuals for personal home use, but sometimes people are keen on a film they heard about or have a personal tie to the story so I provide the film The following exchange of mails with a professor emeritus can explain the problem of selling a private copy (I have rubbed out the identity of the Prof) -- From: nahum laufer [mailto:lauf...@netvision.net.il] Sent: Friday, August 09, 2013 4:59 PM Dear . Thanks for asking the ..University library to order the film, and your advice. Yet putting the film on sale at retail outlet is shooting mine own leg. The following is not complaint but an explanation! According to rules in USA 1) Any professor or teacher can buy it for $30 and then screen it in classroom in Face to Face situation. 2) According to the rules of First Sale anybody can resale a legally purchased copy, even to university library! 3) A library can buy a DVD even if it is stated that the copy is only for home use, I already had 2 cases that DVDs of the Darien
Re: [Videolib] videolib Digest, Vol 69, Issue 61
Hi Jessica We seem to agree, yet there are too many grey areas for example, a film is screened at the university hall a professor gives a 2 minute introduction it is face to face, I again say as a distributer I don't have the time or aptitude to find out who is violating trust , I believe most librarians don't want to bother with breaking the rules what I am suggesting a way out buy with PPR no headaches after, bargain with the supplier to pay for library use and get PPR for the same fee. Cheers Nahum Laufer http://onedayafterpeace.com/index.php http://docsforeducation.com/ Sales Docs for Education Erez Laufer Films Holland st 10 Afulla 18371 Israel -Original Message- From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of videolib-requ...@lists.berkeley.edu Sent: Wednesday, August 21, 2013 10:15 PM To: videolib@lists.berkeley.edu Subject: videolib Digest, Vol 69, Issue 61 Send videolib mailing list submissions to videolib@lists.berkeley.edu To subscribe or unsubscribe via the World Wide Web, visit https://calmail.berkeley.edu/manage/list/listinfo/video...@lists.berkeley.ed u or, via email, send a message with subject or body 'help' to videolib-requ...@lists.berkeley.edu You can reach the person managing the list at 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. The Good News about Library Fair Use maybe not so good!!! (nahum laufer) 2. Re: The Good News about Library Fair Use maybe not so good!!! (Jessica Rosner) -- Message: 1 Date: Wed, 21 Aug 2013 22:05:41 +0300 From: nahum laufer lauf...@netvision.net.il Subject: [Videolib] The Good News about Library Fair Use maybe not so good!!! To: videolib@lists.berkeley.edu Message-ID: 004d01ce9ea1$6e800510$4b800f30$@netvision.net.il Content-Type: text/plain; CHARSET=US-ASCII Hi all The discussion on copyright and fair use never ends, why don't you all just buy the films with PPR in first place than there will be no discussion at all, no cases no judges lawyers, just simply buy the rights that is what Anthony at UCLA does. If you buy with PPR then classroom use is covered but also just a Friday evening film club could screen the film, as a distributer of the film One Day After Peace by producers order is distributed only as PPR. Other films the difference between University library use to PPR is $50 ($200-$250) I'm not keen on selling to individuals for personal home use, but sometimes people are keen on a film they heard about or have a personal tie to the story so I provide the film The following exchange of mails with a professor emeritus can explain the problem of selling a private copy (I have rubbed out the identity of the Prof) -- From: nahum laufer [mailto:lauf...@netvision.net.il] Sent: Friday, August 09, 2013 4:59 PM Dear . Thanks for asking the ..University library to order the film, and your advice. Yet putting the film on sale at retail outlet is shooting mine own leg. The following is not complaint but an explanation! According to rules in USA 1) Any professor or teacher can buy it for $30 and then screen it in classroom in Face to Face situation. 2) According to the rules of First Sale anybody can resale a legally purchased copy, even to university library! 3) A library can buy a DVD even if it is stated that the copy is only for home use, I already had 2 cases that DVDs of the Darien Dilemma were sold by Amazon to university libraries both were sold by people that received a Preview, one of the libraries (a very prestigious University) paid us again when they understood how the copy landed at Amazon. I let go the second one for it was a copy from a distributer that received a preview. As many librarians know that there are films that will not be put on the home video market as One day.they pay the fee asked for institutions with PPR (Public Performance Rights). For One Day After Peace it is $300 +$6 =$306 I do sell to private people for $50 + $6 (shipping)=$56 after I get a promise that it is for private home use. As I'm sure I can trust you please give me a sure Post address I'll send you a DVD of One Day.. And an invoice . Our Message is Peace, Salaam, Shalom Cheers Nahum Laufer http://onedayafterpeace.com/index.php http://docsforeducation.com/ Sales Docs for Education Erez Laufer Films Holland st 10 Afulla 18371 Israel Sent: Friday, August 09, 2013 12:29 AM To: nahum laufer Subject: Re: One Day After Peace I will strongly recommend this purchase to the library. I hope that the library will place an order, but whether it will do so is beyond my control. I *do* strongly urge you to
Re: [Videolib] The Good News about Library Fair Use maybe not so good!!!
I assume you mean companies or filmmakers who claim you need PPR for classroom use. You have NO idea how hard I sometimes have to explain to filmmakers that once a film is for sale in the retail market or through third parties, they have NO control over the otherwise legal uses. My current three filmmakers all understand so none will sell copies to individuals. Basically PPR on really educational material is a concept that dates back to early days of video when they really never considered individual or retail sales. PPR rights were basically a throw in for expensive non fiction films and would very rarely be used. Also I know this is going to get me in a lot of trouble with colleagues but I find the standard restriction on PPR rights to 50 people silly and unenforceable. Either you are selling a film with rights to exhibit or not. I get the restrictions that it is for on campus shows, no admission and not advertised off campus but not the limitation on the number of folks who can view it. Unlike PPR rights I think streaming rights are highly desirable to institutions and should make it easier to justify high costs. On Wed, Aug 21, 2013 at 6:57 PM, Randal Baier rba...@emich.edu wrote: Yes, this has happened with us on various occasions. It takes a lot of effort to get some of these folks turned around no their ideas of PPR. Randal Baier On Aug 21, 2013, at 22:01, Michael Phillips mphil...@library.tamu.edu wrote: Hello Jessica, ** ** PPR is becoming a larger issue with us, as we are encountering more vendors who are using their own definition of PPR. We have come across vendor websites that essentially state that PPR is needed for educational screenings and if their videos are purchased without PPR, those videos may be used only for private home use. ** ** Has anyone else come across this problem? ** ** Michael S. Phillips Library Associate I Monographic Acquisitions Division Texas AM University acqmo...@library.tamu.edu 5000 TAMU | College Station, TX 77843-5000 Tel. 979.845.1343 ext. 151 | Fax. 979.845.5310 http://library.tamu.edu ** ** ** ** ** ** *From:* videolib-boun...@lists.berkeley.edu [ mailto:videolib-boun...@lists.berkeley.eduvideolib-boun...@lists.berkeley.edu] *On Behalf Of *Jessica Rosner *Sent:* Wednesday, August 21, 2013 2:15 PM *To:* videolib@lists.berkeley.edu *Subject:* Re: [Videolib] The Good News about Library Fair Use maybe not so good!!! ** ** Nahum (wearing my other hat) PPR is rarely an issue with libraries. THEY DO NOT NEED IT FOR CLASSROOM use as long as it is used in the class itself or shown in a classroom during the semester ( does anyone do those extra shows anymore). In the US and legal copy may be used in the classroom under the face to face teaching exemption. Do NOT sell on Amazon if you don't want problems. I worked on films that were never listed for individual sale but we got special requests for them via email. After vetting the request and asking the individual to confirm it was not for classroom or public use we usually but not always agreed to sell them a copy for $30. PPR has nothing to do with classroom use but for public showings outside of classes which honesty are not that common for most educational films and that would be a clear violation. We have actually been discussing streaming which might make your head explode if someone did with one of your films, Honestly the only way to control this is to NOT sell to individuals and only sell directly from your site. ** ** On Wed, Aug 21, 2013 at 3:05 PM, nahum laufer lauf...@netvision.net.il wrote: Hi all The discussion on copyright and fair use never ends, why don't you all just buy the films with PPR in first place than there will be no discussion at all, no cases no judges lawyers, just simply buy the rights that is what Anthony at UCLA does. If you buy with PPR then classroom use is covered but also just a Friday evening film club could screen the film, as a distributer of the film One Day After Peace by producers order is distributed only as PPR. Other films the difference between University library use to PPR is $50 ($200-$250) I'm not keen on selling to individuals for personal home use, but sometimes people are keen on a film they heard about or have a personal tie to the story so I provide the film The following exchange of mails with a professor emeritus can explain the problem of selling a private copy (I have rubbed out the identity of the Prof) -- From: nahum laufer [mailto:lauf...@netvision.net.il] Sent: Friday, August 09, 2013 4:59 PM Dear . Thanks for asking the ..University library to order the film, and your advice. Yet putting the film on sale at retail outlet is shooting mine own leg. The following is
[Videolib] PPR
Jessica freinds Am I right to say you cannot stream without having PPR??? We are selling our film One Day After Peace only as PPR, for we believe the message of the film about Peace, Shalom, Salaam' should be screened for everyone on the campus not just in the classrooms, As for other films we are distributing you can buy only library use!!! And when you decide to stream you have to upgrade to PPR and add a streaming license we will ask only for the difference for example University Library use is $200, PPR is $250 +$100 for streaming=$350 so you have to add $150 if you want to stream it I hope that is fair. I took Jessica's advice not to sell to individuals, but I can't tell a guy that finds in his late father's papers a release from being a sailor on the Darien II and wants the The Darien Dilemma that I'm not selling so I ask get $50+$6 (sh)=$56, (I ask for $50 to get rid of the nudniks) Cheers Nahum Laufer http://onedayafterpeace.com/index.php http://docsforeducation.com/ Sales Docs for Education Erez Laufer Films Holland st 10 Afulla 18371 Israel -Original Message- From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of videolib-requ...@lists.berkeley.edu Sent: Thursday, August 22, 2013 2:55 AM To: videolib@lists.berkeley.edu Subject: videolib Digest, Vol 69, Issue 68 Send videolib mailing list submissions to videolib@lists.berkeley.edu To subscribe or unsubscribe via the World Wide Web, visit https://calmail.berkeley.edu/manage/list/listinfo/video...@lists.berkeley.ed u or, via email, send a message with subject or body 'help' to videolib-requ...@lists.berkeley.edu You can reach the person managing the list at 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: The Good News about Library Fair Use maybe not so good!!! (Jessica Rosner) -- Message: 1 Date: Wed, 21 Aug 2013 19:54:41 -0400 From: Jessica Rosner maddux2...@gmail.com Subject: Re: [Videolib] The Good News about Library Fair Use maybe not so good!!! To: videolib@lists.berkeley.edu Message-ID: CACRe6m-gV2oy7Q=w2f2mhmx9nnj0gtoccznnzo+3vu5vkkx...@mail.gmail.com Content-Type: text/plain; charset=iso-8859-1 I assume you mean companies or filmmakers who claim you need PPR for classroom use. You have NO idea how hard I sometimes have to explain to filmmakers that once a film is for sale in the retail market or through third parties, they have NO control over the otherwise legal uses. My current three filmmakers all understand so none will sell copies to individuals. Basically PPR on really educational material is a concept that dates back to early days of video when they really never considered individual or retail sales. PPR rights were basically a throw in for expensive non fiction films and would very rarely be used. Also I know this is going to get me in a lot of trouble with colleagues but I find the standard restriction on PPR rights to 50 people silly and unenforceable. Either you are selling a film with rights to exhibit or not. I get the restrictions that it is for on campus shows, no admission and not advertised off campus but not the limitation on the number of folks who can view it. Unlike PPR rights I think streaming rights are highly desirable to institutions and should make it easier to justify high costs. On Wed, Aug 21, 2013 at 6:57 PM, Randal Baier rba...@emich.edu wrote: Yes, this has happened with us on various occasions. It takes a lot of effort to get some of these folks turned around no their ideas of PPR. Randal Baier On Aug 21, 2013, at 22:01, Michael Phillips mphil...@library.tamu.edu wrote: Hello Jessica, ** ** PPR is becoming a larger issue with us, as we are encountering more vendors who are using their own definition of PPR. We have come across vendor websites that essentially state that PPR is needed for educational screenings and if their videos are purchased without PPR, those videos may be used only for private home use. ** ** Has anyone else come across this problem? ** ** Michael S. Phillips Library Associate I Monographic Acquisitions Division Texas AM University acqmo...@library.tamu.edu 5000 TAMU | College Station, TX 77843-5000 Tel. 979.845.1343 ext. 151 | Fax. 979.845.5310 http://library.tamu.edu ** ** ** ** ** ** *From:* videolib-boun...@lists.berkeley.edu [ mailto:videolib-boun...@lists.berkeley.eduvideolib-boun...@lists.berk eley.edu] *On Behalf Of *Jessica Rosner *Sent:* Wednesday, August 21, 2013 2:15 PM *To:* videolib@lists.berkeley.edu *Subject:* Re: [Videolib] The Good News about Library Fair Use maybe not so good!!! ** ** Nahum (wearing my
