Re: [Videolib] canistream.it and the streaming of major motion pictures

[Susan Albrecht]

I will offer up just a few thoughts.


1) I have loved working with Swank, and our faculty love the films they can 
provide.  Their model has changed in the past year, and you might find it more 
affordable than you think.

2) Criterion on Demand also offers (via a package that they have pre-selected) 
streaming to popular feature films.

3) When we cannot provide streaming access to a film that a faculty member 
wants, I honestly have no problems "reminding" them that I am still in the 
business of building a physical collection, which offers us ownership for the 
lifetime of the item, as opposed to access for a fairly brief period of time.  
Sometimes the math just does NOT justify short-term access, if it means not 
purchasing 10 or 12 DVDs for the same cost.  Course reserves may seem 
antiquated, but they still work!  (Of course, we are a residential college, 
with no distance education or online courses, so this flies better on our 
campus than it would on many others.)


Susan Albrecht

Wabash College




From: videolib-boun...@lists.berkeley.edu  
on behalf of Jennifer DeJonghe 
Sent: Tuesday, September 15, 2015 4:20 PM
To: videolib@lists.berkeley.edu
Subject: [Videolib] canistream.it and the streaming of major motion pictures

Hello,
At my university library we provide streaming films through Kanopy, Films on 
Demand, and Alexander Street Press. We also have some films that we purchased 
streaming rights for and host/ stream locally. But, we don't currently support 
anything else, such as going through a licensing agent like Swank. Instead, if 
a faculty member tells us that they want their entire online class to watch a 
major motion picture/ "big studio film" (for example), that we can't provide 
streaming access to, we recommend that their students use Netflix/ amazon/ 
itunes or a public library. We send faculty and students to 
http://www.canistream.it/ and say that the PPV cost is the student's, like 
buying a textbook.

However, recently I've noticed that canistream.it seems to be increasingly 
inaccurate, showing no streaming available where it is. I also frequently get 
push back from instructors who are very angry that they cannot stream say The 
Wolf of Wall Street in their online class, though they may show it in an in 
person class. (Sympathizing with them over copyright law only goes so far..).

What do the rest of you tell faculty who ask for films you can't provide access 
to? Is there a better directory than canistreamit for directing people to PPV 
for popular films? Have you come up with any great language to use with 
faculty? Do I need to consider working with someone like Swank? (I don't know 
if I can manage the licensing from a financial or staffing standpoint...)

Sorry, this is starting to feel more like a vent than a question, but I'd 
appreciate any insight you can provide.

Jennifer
Jennifer DeJonghe
Librarian and Professor
Metropolitan State University
St. Paul, MN



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] 9th Circuit rules that Fair Use review must precede DMCA takedowns

[Jessica Rosner]

actually they don't. The decision specifically said that automatic (
i.e algorithms
bots ) do not automatically violate "fair use" if you read the above or
other articles. It was a somewhat stupid case but I doubt it will have any
real legal effect on either how "fair use" is interpreted or automatic take
downs.

On Tue, Sep 15, 2015 at 6:12 PM, Dennis Doros  wrote:

> Surprisingly, a win for small film distributors as well. We never were
> able to get YouTube to put us on the "automatically remove" list because we
> didn't have enough titles for them to consider us proper rights holders.
> (Harrumph!) So I have always had to take down films one by one using my
> best judgement if it was fair use. I'm glad the studios will have to do
> this now too! Though I suspect they will still find a way to make it easier
> for the big companies despite the decision.
>
> Best regards,
> Dennis Doros
> Milestone Film & Video
> 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.mspresents.com, www.portraitofjason.com,
> www.shirleyclarkefilms.com,
> To see or download our 2014 Video Catalog, click here
> 
> !
>
>
> Support "Milestone Film" on Facebook
>  and Twitter
> !
>
>
> On Tue, Sep 15, 2015 at 5:55 PM, Deg Farrelly 
> wrote:
>
>> A win for fair use, for now.
>>
>> deg farrelly
>> Media Librarian/Streaming Video Administrator
>> Arizona State University Libraries
>> Tempe, AZ  85287-1006
>> 602.332.3103
>>
>>
>> Text of Law360 article follows below.
>>
>> https://www.law360.com/articles/702339
>>
>> Copyright holders cannot shirk their duty to consider—in good faith
>> and prior to sending a takedown notification—whether allegedly
>> infringing material constitutes fair use, a use which the DMCA plainly
>> contemplates as authorized by the law,” the appeals court wrote. “That
>> this step imposes responsibility on copyright holders is not a reason
>> for us to reject it.
>>
>> Full text of the opinion (9 pages; PDF) in Lenz vs. Universal Music is
>> available here:
>>
>>
>> https://www.scribd.com/doc/280946517/Opinion-From-United-States-Court-of-Appeals-9th-Circuit-Lenz-vs-Universal-Music
>>
>>
>>
>>
>>
>>
>> Fair Use Review Must Precede DMCA Takedowns: 9th Circ.
>>
>> Share us on:
>> 
>>
>> 
>>
>> 
>>   By *Bill
>> Donahue*
>> Law360, New York (September 14, 2015, 11:44 AM ET) -- The Ninth Circuit
>> ruled Monday in a closely watched suit known as the “dancing baby case,”
>> finding copyright owners must consider the fair use doctrine before sending
>> Digital Millennium Copyright Act takedown notices to online hosts like
>> YouTube.
>>
>> Siding with Stephanie Lenz and rights group Electronic Frontier
>> Foundation
>> , the
>> appeals court said copyright owners like Universal Music Group
>>  can only
>> send takedown notices if they’ve come a good faith conclusion that the
>> targeted upload is not a protected fair use of the copyrighted work.
>>
>> If they have not, they can be held liable for damages under the DMCA's
>> Section 512(f) — a provision that bars improper use of the takedown
>> procedure but has barely been enforced by the courts.
>>
>> “Copyright holders cannot shirk their duty to consider — in good faith
>> and prior to sending a takedown notification — whether allegedly infringing
>> material constitutes fair use, a use which the DMCA plainly contemplates as
>> authorized by the law,” the appeals court wrote. “That this step imposes
>> responsibility on copyright holders is not a reason for us to reject it.”
>>
>> Lenz sued in 2007 after UMG sent a takedown notice to YouTube over a
>> 30-second clip she posted of her son dancing to Prince’s “Let’s Go Crazy.”
>> She claimed the video was legal fair use and that the label had thus
>> violated Section 512(f) in its takedown notice by knowingly misrep

[Videolib] canistream.it and the streaming of major motion pictures

[Jennifer DeJonghe]

Hello,
At my university library we provide streaming films through Kanopy, Films on 
Demand, and Alexander Street Press. We also have some films that we purchased 
streaming rights for and host/ stream locally. But, we don't currently support 
anything else, such as going through a licensing agent like Swank. Instead, if 
a faculty member tells us that they want their entire online class to watch a 
major motion picture/ "big studio film" (for example), that we can't provide 
streaming access to, we recommend that their students use Netflix/ amazon/ 
itunes or a public library. We send faculty and students to 
http://www.canistream.it/ and say that the PPV cost is the student's, like 
buying a textbook.

However, recently I've noticed that canistream.it seems to be increasingly 
inaccurate, showing no streaming available where it is. I also frequently get 
push back from instructors who are very angry that they cannot stream say The 
Wolf of Wall Street in their online class, though they may show it in an in 
person class. (Sympathizing with them over copyright law only goes so far..).

What do the rest of you tell faculty who ask for films you can't provide access 
to? Is there a better directory than canistreamit for directing people to PPV 
for popular films? Have you come up with any great language to use with 
faculty? Do I need to consider working with someone like Swank? (I don't know 
if I can manage the licensing from a financial or staffing standpoint...)

Sorry, this is starting to feel more like a vent than a question, but I'd 
appreciate any insight you can provide.

Jennifer
Jennifer DeJonghe
Librarian and Professor
Metropolitan State University
St. Paul, MN



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] 9th Circuit rules that Fair Use review must precede DMCA takedowns

[Dennis Doros]

Surprisingly, a win for small film distributors as well. We never were able
to get YouTube to put us on the "automatically remove" list because we
didn't have enough titles for them to consider us proper rights holders.
(Harrumph!) So I have always had to take down films one by one using my
best judgement if it was fair use. I'm glad the studios will have to do
this now too! Though I suspect they will still find a way to make it easier
for the big companies despite the decision.

Best regards,
Dennis Doros
Milestone Film & Video
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.mspresents.com, www.portraitofjason.com,
www.shirleyclarkefilms.com,
To see or download our 2014 Video Catalog, click here

!


Support "Milestone Film" on Facebook
 and Twitter
!


On Tue, Sep 15, 2015 at 5:55 PM, Deg Farrelly  wrote:

> A win for fair use, for now.
>
> deg farrelly
> Media Librarian/Streaming Video Administrator
> Arizona State University Libraries
> Tempe, AZ  85287-1006
> 602.332.3103
>
>
> Text of Law360 article follows below.
>
> https://www.law360.com/articles/702339
>
> Copyright holders cannot shirk their duty to consider—in good faith
> and prior to sending a takedown notification—whether allegedly
> infringing material constitutes fair use, a use which the DMCA plainly
> contemplates as authorized by the law,” the appeals court wrote. “That
> this step imposes responsibility on copyright holders is not a reason
> for us to reject it.
>
> Full text of the opinion (9 pages; PDF) in Lenz vs. Universal Music is
> available here:
>
>
> https://www.scribd.com/doc/280946517/Opinion-From-United-States-Court-of-Appeals-9th-Circuit-Lenz-vs-Universal-Music
>
>
>
>
>
>
> Fair Use Review Must Precede DMCA Takedowns: 9th Circ.
>
> Share us on:
> 
>
> 
>
> 
>   By *Bill
> Donahue*
> Law360, New York (September 14, 2015, 11:44 AM ET) -- The Ninth Circuit
> ruled Monday in a closely watched suit known as the “dancing baby case,”
> finding copyright owners must consider the fair use doctrine before sending
> Digital Millennium Copyright Act takedown notices to online hosts like
> YouTube.
>
> Siding with Stephanie Lenz and rights group Electronic Frontier Foundation
> , the
> appeals court said copyright owners like Universal Music Group
>  can only
> send takedown notices if they’ve come a good faith conclusion that the
> targeted upload is not a protected fair use of the copyrighted work.
>
> If they have not, they can be held liable for damages under the DMCA's
> Section 512(f) — a provision that bars improper use of the takedown
> procedure but has barely been enforced by the courts.
>
> “Copyright holders cannot shirk their duty to consider — in good faith and
> prior to sending a takedown notification — whether allegedly infringing
> material constitutes fair use, a use which the DMCA plainly contemplates as
> authorized by the law,” the appeals court wrote. “That this step imposes
> responsibility on copyright holders is not a reason for us to reject it.”
>
> Lenz sued in 2007 after UMG sent a takedown notice to YouTube over a
> 30-second clip she posted of her son dancing to Prince’s “Let’s Go Crazy.”
> She claimed the video was legal fair use and that the label had thus
> violated Section 512(f) in its takedown notice by knowingly misrepresenting
> the video was an unauthorized use of a copyrighted work.
>
> The case was closely watched from both sides. Lenz and EFF said a win
> would provide a needed counterbalance to overly aggressive takedown notices
> from large media companies. Universal and other media firms, on the other
> hand, said the DMCA’s takedown system already overburdens them and the
> system can't function as designed if they're required to look into fair use
> each time they send a notice.
>
> Though the

[Videolib] 9th Circuit rules that Fair Use review must precede DMCA takedowns

[Deg Farrelly]

A win for fair use, for now.

deg farrelly
Media Librarian/Streaming Video Administrator
Arizona State University Libraries
Tempe, AZ  85287-1006
602.332.3103


Text of Law360 article follows below.

https://www.law360.com/articles/702339

Copyright holders cannot shirk their duty to consider—in good faith
and prior to sending a takedown notification—whether allegedly
infringing material constitutes fair use, a use which the DMCA plainly
contemplates as authorized by the law,” the appeals court wrote. “That
this step imposes responsibility on copyright holders is not a reason
for us to reject it.

Full text of the opinion (9 pages; PDF) in Lenz vs. Universal Music is
available here:

https://www.scribd.com/doc/280946517/Opinion-From-United-States-Court-of-Appeals-9th-Circuit-Lenz-vs-Universal-Music






Fair Use Review Must Precede DMCA Takedowns: 9th Circ.

Share us 
on:
 

  

   By Bill 
Donahue

Law360, New York (September 14, 2015, 11:44 AM ET) -- The Ninth Circuit ruled 
Monday in a closely watched suit known as the “dancing baby case,” finding 
copyright owners must consider the fair use doctrine before sending Digital 
Millennium Copyright Act takedown notices to online hosts like YouTube.

Siding with Stephanie Lenz and rights group Electronic Frontier 
Foundation, 
the appeals court said copyright owners like Universal Music 
Group can only send 
takedown notices if they’ve come a good faith conclusion that the targeted 
upload is not a protected fair use of the copyrighted work.

If they have not, they can be held liable for damages under the DMCA's Section 
512(f) — a provision that bars improper use of the takedown procedure but has 
barely been enforced by the courts.

“Copyright holders cannot shirk their duty to consider — in good faith and 
prior to sending a takedown notification — whether allegedly infringing 
material constitutes fair use, a use which the DMCA plainly contemplates as 
authorized by the law,” the appeals court wrote. “That this step imposes 
responsibility on copyright holders is not a reason for us to reject it.”

Lenz sued in 2007 after UMG sent a takedown notice to YouTube over a 30-second 
clip she posted of her son dancing to Prince’s “Let’s Go Crazy.” She claimed 
the video was legal fair use and that the label had thus violated Section 
512(f) in its takedown notice by knowingly misrepresenting the video was an 
unauthorized use of a copyrighted work.

The case was closely watched from both sides. Lenz and EFF said a win would 
provide a needed counterbalance to overly aggressive takedown notices from 
large media companies. Universal and other media firms, on the other hand, said 
the DMCA’s takedown system already overburdens them and the system can't 
function as designed if they're required to look into fair use each time they 
send a notice.

Though the court said Monday that companies like Universal need to consider 
fair use, it also noted that it was “mindful of pressing crush of voluminous 
infringing content that copyright holders face in a digital age” and that the 
process for checking for fair use “need not be searching or intensive.”

“We note, without passing judgment, that the implementation of computer 
algorithms appears to be a valid and good faith middle ground for processing a 
plethora of content while still meeting the DMCA’s requirements to somehow 
consider fair use,” the court wrote.

When a company doesn’t meet those requirements, the court said, an aggrieved 
party can pursue a claim that the copyright owner violated Section 512(f) by 
“knowingly misrepresenting” that it had a good faith belief that the work was 
infringing.

The court also ruled that a litigant like Lenz can recover nominal damages when 
such a claim is successful — another point of contention in the case. The panel 
left to a jury, however, the question of whether she actually deserved damages 
or attorneys fees.

“Today’s ruling sends a strong message that copyright law does not authorize 
thoughtless censorship of lawful speech,” said Corynne McSherry, the EFF's 
legal director who argued on behalf o

Re: [Videolib] Rivers and Tides--PPR

[Jessica Rosner]

The company that released in the US is LONG gone.The home video and
streaming rights are owned by
Cinedigm. It is possible but unlikely they own exhibition rights but that
would certainly be the place to start because whoever they have the rights
from probably owns the exhibition rights or knows who does.

http://www.cinedigm.com/


Sadly it is very, very common for older indie films including the vast
majority of foreign films not to have an exhibition rights holder in the
US. Most contracts were for 7-10 years and at the end of that time the
rights would likely revert to original production company, studio etc and
these days with the focus on streaming there is very little interest in
acquiring exhibition rights in cases where a US company acquires rights to
 older titles.

Fun stuff.


Jessica

On Tue, Sep 15, 2015 at 3:53 PM, Oling, Rebecca 
wrote:

> My school is considering using "Rivers and Tides" for Earth Week.  Anyone
> know how to get PPR?
>
>
> --
> Rebecca Oling
> Coordinator of Instruction and Literature Librarian
> Purchase College Library
> 735 Anderson Hill Road
> Purchase, NY 10577
> tel. 914-251-6417
> fax 914-251-6437
> rebecca.ol...@purchase.edu
>  Please consider the environment before printing this e-mail
>
>
>
> 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] Rivers and Tides--PPR

[Oling, Rebecca]

My school is considering using "Rivers and Tides" for Earth Week.  Anyone know 
how to get PPR? 


--
Rebecca Oling
Coordinator of Instruction and Literature Librarian
Purchase College Library
735 Anderson Hill Road
Purchase, NY 10577
tel. 914-251-6417
fax 914-251-6437
rebecca.ol...@purchase.edu
 Please consider the environment before printing this e-mail



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] Screening Rights Question

[Jessica Rosner]

As long as the group is not charging admission or selling food or drink it
should not be a problem
If however they were watching a football game or an episode of GAME OF
THRONES where they might be doing some of the above  it would not be legal.

On Tue, Sep 15, 2015 at 11:52 AM, Rhonda Pancoe  wrote:

> I have a student group that wants to know if screening rights had to be
> purchased in order to screen an upcoming presidential debate live on
> television? They want to do a live feed in one of our auditoriums on
> campus.  The debate would be on CNBC on Wednesday, October 28th.  I'm not
> sure on the answer to this question. Does anybody know or should I just
> contact CNBC?
>
> Rhonda Pancoe
> Media Acquisitions Coordinator
> Colgate University
> 13 Oak Drive
> Hamilton, NY  13346
> 315-228-7858 Phone
> 315-228-6227 Fax
> rpan...@colgate.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.

Re: [Videolib] Screening Rights Question

[Bergman, Barbara J]

As long as it’s live, it’s fine for people to watch with no copyright concerns.

Barb Bergman | Media Services & Interlibrary Loan Librarian | Minnesota State 
University, Mankato | (507) 389-5945 | 
barbara.berg...@mnsu.edu

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Rhonda Pancoe
Sent: Tuesday, September 15, 2015 10:52 AM
To: videolib@lists.berkeley.edu
Subject: [Videolib] Screening Rights Question

I have a student group that wants to know if screening rights had to be 
purchased in order to screen an upcoming presidential debate live on 
television? They want to do a live feed in one of our auditoriums on campus.  
The debate would be on CNBC on Wednesday, October 28th.  I'm not sure on the 
answer to this question. Does anybody know or should I just contact CNBC?
Rhonda Pancoe
Media Acquisitions Coordinator
Colgate University
13 Oak Drive
Hamilton, NY  13346
315-228-7858 Phone
315-228-6227 Fax
rpan...@colgate.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] Screening Rights Question

[Rhonda Pancoe]

I have a student group that wants to know if screening rights had to be
purchased in order to screen an upcoming presidential debate live on
television? They want to do a live feed in one of our auditoriums on
campus.  The debate would be on CNBC on Wednesday, October 28th.  I'm not
sure on the answer to this question. Does anybody know or should I just
contact CNBC?

Rhonda Pancoe
Media Acquisitions Coordinator
Colgate University
13 Oak Drive
Hamilton, NY  13346
315-228-7858 Phone
315-228-6227 Fax
rpan...@colgate.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.