[Videolib] Tricky fair use question regarding streaming video databases
This is a theoretical scenario at this point though will happen if the University Counsel can be convinced the proposed event is protected under Fair Use and doesn't violate other laws such as the DMCA. The question is whether a short clip from a licensed database can be downloaded and used in a documentary if it favors the four Fair Use factors? The database in question is the Television News Archive though the question could be applied to others as well. My thought is that if a streamed video can be downloaded then it would have to be limited to private use and nothing more including Fair Use. But honestly I have no confidence in that stance. -- Chris Lewis American University Library 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] Tricky fair use question regarding streaming video databases
This may be an instance where contract law may out weigh your fair use rights. I would say you have to check with the contract regarding the licensed database, and look for any prohibitive language. If your university signed a contract to get access to the database, that will trump the fair use rights of the person making the documentary. my two cents backed up only from what i have gleaned from following the list serve. regards and happy holidays jhs John H. Streepy Library-Government Publications James E. Brooks Library Central Washington University 400 East University Way Ellensburg, WA 98926-7548 (509) 963-2861 http://www.lib.cwu.edu/Documents Hand to hand combat just goes with the territory. All part of being a librarian -- James Turner Rex Libris Transitus profusum est nocens! Chris Lewis cle...@american.edu 12/19/2013 11:10 AM This is a theoretical scenario at this point though will happen if the University Counsel can be convinced the proposed event is protected under Fair Use and doesn't violate other laws such as the DMCA. The question is whether a short clip from a licensed database can be downloaded and used in a documentary if it favors the four Fair Use factors? The database in question is the Television News Archive though the question could be applied to others as well. My thought is that if a streamed video can be downloaded then it would have to be limited to private use and nothing more including Fair Use. But honestly I have no confidence in that stance. -- Chris Lewis American University Library 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] Tricky fair use question regarding streaming video databases
It was my understanding that in general streaming was not supposed to be downloaded, that both technology and the contract should prevent it. Is the material in question ONLY available on a streaming database? No way to get it off a physical copy? Otherwise I suspect it would violate most streaming agreements. All the ones I have seen require the institution to take all steps to prevent downloading. On Thu, Dec 19, 2013 at 2:25 PM, John Streepy john.stre...@cwu.edu wrote: This may be an instance where contract law may out weigh your fair use rights. I would say you have to check with the contract regarding the licensed database, and look for any prohibitive language. If your university signed a contract to get access to the database, that will trump the fair use rights of the person making the documentary. my two cents backed up only from what i have gleaned from following the list serve. regards and happy holidays jhs John H. Streepy Library-Government Publications James E. Brooks Library Central Washington University 400 East University Way Ellensburg, WA 98926-7548 (509) 963-2861 http://www.lib.cwu.edu/Documents Hand to hand combat just goes with the territory. All part of being a librarian -- James Turner Rex Libris Transitus profusum est nocens! Chris Lewis cle...@american.edu 12/19/2013 11:10 AM This is a theoretical scenario at this point though will happen if the University Counsel can be convinced the proposed event is protected under Fair Use and doesn't violate other laws such as the DMCA. The question is whether a short clip from a licensed database can be downloaded and used in a documentary if it favors the four Fair Use factors? The database in question is the Television News Archive though the question could be applied to others as well. My thought is that if a streamed video can be downloaded then it would have to be limited to private use and nothing more including Fair Use. But honestly I have no confidence in that stance. -- Chris Lewis American University Library 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.
