Re: [Videolib] Mollenard (1938)

[Brown, Roger]

Hello, Sarah,

These are bootlegs. Whenever the films are offered ³DVD-r and region free
without artwork² (moviedetective) you can be pretty sure they don¹t have
rights to it, or it¹d have artwork. Someone often taped it off a tv
broadcast.

IOffer is rife with bootlegs, possibly as much as 95% by a casual scan. It
looks like the moviesondvd link doesn¹t heve have an option to buy.
They¹re just scraping other sites to fill up their database and attract
clicks.


‹ 

Roger Brown
Manager
UCLA Instructional Media Collections & Services
46 Powell Library
Los Angeles, CA  90095-1517
office: 310-206-1248
fax: 310-206-5392
rbr...@oid.ucla.edu




On 8/11/16, 12:30 PM, "videolib-boun...@lists.berkeley.edu on behalf of
videolib-requ...@lists.berkeley.edu"  wrote:

>
>   2. Mollenard (1938) (Sarah E. McCleskey)
>
>
>
>
>Message: 2
>Date: Thu, 11 Aug 2016 14:30:47 +
>From: "Sarah E. McCleskey" 
>Subject: [Videolib] Mollenard (1938)
>To: "videolib@lists.berkeley.edu" 
>Message-ID:
>   
> utlook.com>
>   
>Content-Type: text/plain; charset="iso-8859-1"
>
>Looking for a DVD with English subtitles. Assuming these are bootlegs?
>
>
>http://www.moviedetective.net/product_p/moll.htm
>
>
>or  IOffer:
>
>http://www.ioffer.com/i/mollenard-dvd-dir-by-film-noir-great-robert-siodma
>k-147429171
>
>
>or  NewMoviesOnDVD
>
>http://www.newmoviesondvd.co.uk/movie/hatred-84032/
>
>
>Sarah McCleskey
>sarah.e.mccles...@hofstra.edu
>-- next part --


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] videolib Digest, Vol 96, Issue 23

[Brown, Roger]

Hi, Debra,

The reality of Youtube is it don¹t curate its content - it¹s pretty much
all user-submitted except for their channels (which they¹re charging for
now in some cases, to take away the ads).

Those are the exception. The most aggressive action Youtube participates
in is to take down clips challenged by copyright holders.

This link looks like it¹s a recording from tv (notice the station id in
the upper right corner, "arte²) which is a French station. As this was not
uploaded by Arte, is very probably not authorized.

Youtube can¹t guarantee it will remain up, nor can the original uploader.
In spite of many distributors and companies using Youtube to upload their
content, the vast majority of content is not there by permission, and
should not be assumed legitimate and authorized.

Ironically, downloading it from Youtube is against their terms of service
as well (even though not legit ‹ as if they¹re protecting infringing
content). Whether or not you choose to follow the TOS is up to you and
your institution¹s guidelines.



‹ 

Roger Brown
Manager
UCLA Instructional Media Collections & Services
46 Powell Library
Los Angeles, CA  90095-1517
office: 310-206-1248
fax: 310-206-5392
rbr...@oid.ucla.edu












>
>
>Today's Topics:
>
>   1. The Silence of the Quandts: In German with English   Subtitles
>  (Mandel, Debra)
>
>
>--
>
>Message: 1
>Date: Tue, 17 Nov 2015 19:35:32 +
>From: "Mandel, Debra" 
>Subject: [Videolib] The Silence of the Quandts: In German with English
>   Subtitles
>To: "videolib@lists.berkeley.edu" 
>Message-ID: 
>Content-Type: text/plain; charset="iso-8859-1"
>
>Hi-
>
>The Silence of the Quandts has been recommended for an upcoming event. It
>is about BMW's involvement with the Nazi regime.  It is available only on
>YouTube as far as I can tell.  Does anyone know of a DVD vendor of this
>version?
>
>Also, does anyone have negative experience using a YouTube video for a
>program? Other than one's own internet connection?  Is there a way to
>contact YouTube to ensure of its availability for a January program?
>There are some sites where one can download this, but don't know if that
>would be a viable alternative. It seems that much care was taken to
>making this available.
>
>
>https://www.youtube.com/watch?v=FpQpgd_EeWY
>
>Thanks!
>
>Debra
>
>Debra H. Mandel
>Acting Associate Dean, User Services
>Northeastern University Libraries
>320 SL
>360 Huntington Ave.
>Boston, MA 02115
>617.373.4902
>
>[cid:A7DD0DE1-7FF4-4092-BCFF-590A1A3BE792]
>
>
>
>-- next part --
>An HTML attachment scrubbed and removed.
>HTML attachments are only available in MIME digests.
>-- next part --
>A non-text attachment was scrubbed and removed.
>Name: 550E7073-A9B8-41E6-AB20-5418A7A5A0E9[2].png
>Type: image/png
>Size: 11781 bytes
>Desc: 550E7073-A9B8-41E6-AB20-5418A7A5A0E9[2].png
>Non-text attachments are only available in MIME digests.
>
>End of videolib Digest, Vol 96, Issue 23
>


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] pornographic films in the Library collection?

[Brown, Roger]

Doug,

Kindly,  I am not sure deciding not to carry a film in your collection you
may be in charge of, for political, aesthetic or moral reasons,
constitutes "censorship."




- - 
Roger Brown
Manager
UCLA Instructional Media Collections & Services
46 Powell Library
Los Angeles, CA  90095-1517
office: 310-206-1248
fax: 310-206-5392
rbr...@oid.ucla.edu




>
>
>
>--
>
>Message: 2
>Date: Tue, 18 Nov 2014 11:43:11 -0500
>From: Doug Poswencyk 
>Subject: Re: [Videolib] pornographic films in the Library collection?
>To: videolib@lists.berkeley.edu
>Message-ID:
>   
>Content-Type: text/plain; charset="utf-8"
>
>Thanks for your kind email Matt.  I am never offended by listserve
>comments.  My concern was about the issues.  Censorship really pushes my
>buttons.  I am working in a public library now and have to worry about
>this
>all the time but really more from my administration.  I keep a file of
>reviews (and any other worthwhile information) on films that I think I
>could be challenged.  Bring 'em one!  Best of luck to you.
>
>Doug
>
>On Tue, Nov 18, 2014 at 10:26 AM, Matt Ball  wrote:
>
>>   Hi Doug,
>>
>> Thank you for your response, and I'm sorry if it seemed like I was
>> attacking you.  I kept my language neutral and intentionally didn't
>>mention
>> anyone by name because I didn't want it it seem as if I was pointing
>> fingers or scolding.  But I see my intentions went awry, and if I
>>offended
>> you I apologize.
>>
>> We agree on one thing though, and that is I no longer want to be a part
>>of
>> this discussion forum.  So I will unsubscribe and leave it to you and
>> others to carry on.
>>
>> Best wishes,
>>
>> Matt
>>
>>
>> *videolib@lists.berkeley.edu  writes:*
>> BULLSHIT  I did not attack Darby or Maureen personally.  I attacked
>> what they did.  What they said.  They were wrong.  If you don't want to
>> have discussions then don't bother hanging around here.   You Matt are
>> attacking me and I am sure you would not have the balls to say that to
>>my
>> face.  I am not a bully at all.  I am just stating my opinion.  If
>>that's
>> not OK then let's just not even have this conversation or any on here at
>> all.  Librarians are the worst of censors.  And they do it all the time.
>> This should be an issue that is dear to everyone in the profession.  It
>> should not be tolerated.  We should be here to support in any way we can
>> people who stick their necks out and make the right decision.  Not to
>> support the wrong decisions.  I think that in both cases neither
>>Maureen or
>> Darby would have received any grief if they made the purchases.
>>
>> On Mon, Nov 17, 2014 at 4:57 PM, Cristella Bond
>>
>> wrote:
>>
>>
>>
>> Hi Matt,


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] videolib Digest, Vol 80, Issue 60

[Brown, Roger]

HI,

I think it should be noted that Mr Smith is not saying "just download it"
in the article; he's pointing out that at a recent meeting there were some
lawyers in attendance that suggested they do that.

I think his viewpoint is he's using this specific example to show
technological delivery strategies are flawed, and discuss what can happen
if not all the stake-holders understand what the ramifications of certain
business models.


- - 
Roger Brown
Manager
UCLA Instructional Media Collections & Services
46 Powell Library
Los Angeles, CA  90095-1517
office: 310-206-1248
fax: 310-206-5392
rbr...@oid.ucla.edu


I th

>
>Message: 3
>Date: Thu, 31 Jul 2014 14:56:41 -0400
>From: Jessica Rosner 
>Subject: Re: [Videolib] "just download it anyways" article
>To: videolib@lists.berkeley.edu
>Message-ID:
>   
>Content-Type: text/plain; charset="utf-8"
>
>And I agree with you but one note I was definitely also attacking
>Mr.Smith's total disregard for copyright LAW not just his morality or
>ethics. He basically belongs to the " we academic institutions are above
>those evil copyright laws and all rights holders are greedy pigs so we
>should not pay them" school of thought. I particularly liked his write up
>of Georgia State Appeal in which he said three federal judges did not
>understand copyright law and were totally misinterpreting it. Evidently he
>knows more than they do about copyright law.
>
>
>On Thu, Jul 31, 2014 at 1:52 PM, Dennis Doros  wrote:
>
>> Okay, here's where I almost entirely agree with Jessica. To me, this
>> "other" Kevin (this one ain't from Jersey) Smith's article has nothing
>>to
>> do with copyright and library's rights, but an internet illness based on
>> utopian expectations leading to faulty thinking. Jessica's argument,
>> however, doesn't take into account that this guy's reasoning has a fatal
>> flaw past the morality and ethics of it.
>>
>> I dislike this article intensely by Smith because like most articles of
>> this nature, it takes a specific case and blows it up from the *ab
>> absurdo* (I believe my memory of Latin is correct) to a blanket
>> conclusion. In other words, because you can't download one item, you
>>should
>> be able to download *all* items. What's the percentage of material out
>> there that libraries can't buy in a more stable, higher quality format,
>>ie.
>> CDs.
>>
>> It's a very common disease in the digital age to insist that everything
>> HAS to be available. It *should* be and maybe it will be one day, but
>> that will take time, legislation and energy -- as well as increased
>>taxes
>> to support the arts.
>>
>> Rather than support the illegal download of copyrighted material, the
>> *real* obvious conclusion is that the ALA should work with Itunes to
>>come
>> up with a secondary system for libraries that's fair and equitable.
>>That's
>> a huge amount of business they could have.
>>
>>
>> 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
>> 
>>>og.pdf?75>
>> !
>>
>>
>> Support "Milestone Film" on Facebook
>>  and Twitter
>> !
>>
>>
>> See the website: Association of Moving Image Archivists
>>  and like them on Facebook
>> 
>>>54559717>
>> AMIA 2014 Conference, Savannah, Georgia, October 8-11, 2014
>> 
>>
>>
>> On Wed, Jul 30, 2014 at 9:03 AM, Laura Jenemann 
>>wrote:
>>
>>>  Dear videolib,
>>>
>>>
>>>
>>> A recent post from Kevin Smith (Duke?s Scholarly Communication Officer)
>>> on digital-only music, and what libraries might or might not do about
>>>it:
>>>
>>>
>>> 
>>>http://blogs.library.duke.edu/scholcomm/2014/07/28/planning-for-musical-
>>>obsolescence/
>>>
>>>
>>>
>>> Here are some comments that may resonate with media librarians:
>>>
>>>
>>>
>>> ?At a recent consultation to discuss this problem, it was interesting
>>>to
>>> note that several of the lawyers in the room encouraged the librarians
>>>to
>>> just download the music anyway and ignore the licensing terms, simply
>>> treating this piece of music like any other library acquisition.  Their
>>> argument was that iTunes and the LA Philharmonic really do not mean to
>>> prevent library acquisitions; they are just using a boilerplate license
>>> without full awareness of the impact of its terms.  But the librarians
>>>were
>>> unwilling.?
>>>
>>>
>>>
>>> Regards,
>>>
>>> Laura
>>>
>>>
>>>
>>> Laura Jenemann
>>>
>>> Film Studies/Media Services Librarian
>>>
>>> George Mas

Re: [Videolib] videolib Digest, Vol 71, Issue 72

[Brown, Roger]

Hi, Matt,

*If* you have a region-free PAL-to_NTSC DVD player/Blu-ray player (region
free or not) then indeed you can play that PAL R2 disc. Not all Blu-Ray
players are Region free for Blu's or Region Free for DVDs. One must check
the specs of the item they're ordering and what they need to play.

Best,
- - 
Roger Brown
Manager
UCLA Instructional Media Collections & Services
46 Powell Library
Los Angeles, CA  90095-1517
office: 310-206-1248
fax: 310-206-5392
rbr...@oid.ucla.edu



>  
>
>Message: 3
>Date: Mon, 28 Oct 2013 18:38:09 +
>From: "Ball, James (jmb4aw)" 
>Subject: [Videolib] Question about Blu-ray decks and international
>   DVDs
>To: "videolib@lists.berkeley.edu" 
>Message-ID:
>   <302d2154cd0ea448aef4b356e86054270cd50...@grant1.eservices.virginia.edu>
>   
>Content-Type: text/plain; charset="us-ascii"
>
>Hi All,
>
>You know how you can play a standard NTSC/Region 1 DVD on a regular ol'
>Blu-ray deck?  Is it also possible to play an international (ex:
>PAL/Region 2) disc on that same regular ol' Blu-ray deck (that is, not a
>region free Blu-ray deck)?  I was under the impression that that was not
>possible, but other folks around here believe that it is.  I've done some
>random testing to support my claim, but figured I'd put the question out
>to the experts for feedback.
>
>Cheers,
>
>Matt
>
>__
>Matt Ball
>Media and Collections Librarian
>Clemons Library
>University of Virginia
>mattb...@virginia.edu
>434-924-3812
>
>-- next part --
>An HTML attachment scrubbed and removed.
>HTML attachments are only available in MIME digests.
>
>End of videolib Digest, Vol 71, Issue 72
>


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] DVDs Manufactured by Amazon

[Brown, Roger]

Hi, Johanna,

These Amazon DVD-r deals are sometimes from questionable sellers who have
uploaded/submitted content they may not have rights (or good masters) for.
Amazon is the middle man only and just press and ship - there is no
quality control here, so that's 1.

DVD-rs as a rule have more quality, compatibility and longevity issues
than pressed DVDs.  They tend to go south suddenly, more than once here
after only a couple years and often have poor menus/bad design as well, so
that's 2.

Finally, TCM Archives' Buster Keaton Collection, with Cameraman, Spite
Marriage and Free & Easy can be had for less than $30 and is a very nice
package with good elements, a commentary on Cameraman as well as a
restored print (which it sorely needed) and a documentary by Kevin
Brownlow to boot.

In this case the official issue is clearly the best choice.

Cheers, 

- - 
Roger Brown
Manager
UCLA Instructional Media Collections & Services
46 Powell Library
Los Angeles, CA  90095-1517
office: 310-206-1248
fax: 310-206-5392
rbr...@oid.ucla.edu




>
>
>Today's Topics:
>
>   1. DVDs Manufactured by Amazon (Johanna Bauman)
>   2. Re: DVDs Manufactured by Amazon (vide...@aol.com)
>
>
>--
>
>Message: 1
>Date: Tue, 24 Sep 2013 11:25:06 -0400
>From: "Johanna Bauman" 
>Subject: [Videolib] DVDs Manufactured by Amazon
>To: 
>Message-ID: <009001ceb93a$3faa9a30$beffce90$@pratt.edu>
>Content-Type: text/plain; charset="us-ascii"
>
>Hello again from Brooklyn,
>
> 
>
>Does anyone have experience with purchasing DVDs manufactured on demand by
>Amazon?   We are looking for a copy of Buster Keaton's cameraman and
>noticed
>that there is a DVD-R for sale:
>http://www.amazon.com/Cameraman-Buster-Keaton/dp/B007C95V3S/ref=sr_1_3?s=m
>ov
>ies-tv
>mo
>vies-tv&ie=UTF8&qid=1380036104&sr=1-3&keywords=cameraman+buster+keaton>
>&ie=UTF8&qid=1380036104&sr=1-3&keywords=cameraman+buster+keaton.  Would
>there be any reason NOT to purchase the title this way, instead of
>purchasing the film as part of the Buster Keaton collection?
>
> 
>
>Thanks!
>
> 
>
>Johanna
>
> 
>
>+++
>
>Johanna Bauman
>
>Visual Resources Curator
>
>Pratt Institute Libraries
>
>200 Willoughby Avenue
>
>Brooklyn, New York 11205
>
>718-687-5745
>
>  jbaum...@pratt.edu
>
>Pratt
>
> 
>


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] SIMAP project or Ubuweb legit?

[Brown, Roger]

Hi, Eileen,

The word "dvdrip" is usually a good clue that the site is not legit.  Also
a little investigation will reveal that the films are not "downloadable"
or streamable as they claim or might expect like on Netflix or Hulu- the
links all seem to lead to torrent files.  And lots of ads and spammy
design which means this is probably a scheme to get eyeballs (and bots) to
click on ads.

Ubuweb is more open about what they're doing and are apparently depending
upon the single fair-use factor of potential impact on the marketplace as
their (almost) sole justification.  ("You can't buy it anyway.")  I
appreciate (and the filmmakers may too) Ubuweb's attempts to air some very
obscure content in spite of their admission they don't have the rights,
just the desire.  Both these sights seem to be hoping that out-of-print
(though not necessarily orphan) works attract less legal attention, but
just because something is not in print does not mean it's free game for
anyone else.

My $.02.

- - 
Roger Brown
Manager
UCLA Instructional Media Collections & Services
46 Powell Library
Los Angeles, CA  90095-1517
office: 310-206-1248
fax: 310-206-5392
rbr...@oid.ucla.edu




>
>From: "Karsten, Eileen" 
>S
>
>Does anyone know if the films available from SIMAP Project - Download
>dvdrip, divx, mp4, dvd movies  are legal?
>They have available a movie for download that one of our faculty is
>interested in showing to a class.  There appears to be no information on
>this site.
>
>I found another site called ubuweb film.  They have a FAQ section and
>their policy on copyright is:
>
>What is your policy concerning posting copyrighted material?
>If it's out of print, we feel it's fair game. Or if something is in
>print, yet absurdly priced or insanely hard to procure, we'll take a
>chance on it. But if it's in print and available to all, we won't touch
>it. The last thing we'd want to do is to take the meager amount of money
>out of the pockets of those releasing generally poorly-selling materials
>of the avant-garde. UbuWeb functions as a distribution center for
>hard-to-find, out-of-print and obscure materials, transferred digitally
>to the web. Our scanning, say, an historical concrete poem in no way
>detracts from the physical value of that object in the real world; in
>fact, it probably enhances it. Either way, we don't care: Ebay is full of
>wonderful physical artifacts, most of them worth a lot of money.
>
>Should something return to print, we will remove it from our site
>immediately. Also, should an artist find their material posted on UbuWeb
>without permission and wants it removed, please let us know. However,
>most of the time, we find artists are thrilled to find their work cared
>for and displayed in a sympathetic context. As always, we welcome more
>work from existing artists on site.
>
>Let's face it, if we had to get permission from everyone on UbuWeb, there
>would be no UbuWeb.
>
>Eileen Karsten
>Head of Technical Services
>Donnelley & Lee Library
>Lake Forest College
>555 N. Sheridan Road
>Lake Forest, IL 60045
>kars...@mx.lakeforest.edu
>847-735-5066
>
>-


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] Permissible amounts in fair use

[Brown, Roger]

Thank you Judith. It looks like you read the entire decision (at least, wait 
for it... the good parts) and understand the specifics and the exceptions of 
this particular decision.

Each case is only more case law, not (so far) a definitive decision on fair 
use.  Well-reasoned analyses with a minimum of typographic errors are always 
welcome.


- -

Roger Brown
Manager
UCLA Instructional Media Collections & Services
46 Powell Library
Los Angeles, CA  90095-1517
office: 310-206-1248
fax: 310-206-5392
rbr...@oid.ucla.edu


From: "Shoaf,Judith P" mailto:jsh...@ufl.edu>>
Reply-To: mailto:videolib@lists.berkeley.edu>>
Date: Tuesday, May 15, 2012 12:42 PM
To: "videolib@lists.berkeley.edu" 
mailto:videolib@lists.berkeley.edu>>
Subject: Re: [Videolib] Permissible amounts in fair use

I once took that personality test online and it said I am most like Lucy in 
Peanuts. My husband, who is most like Schroeder, doesn’t let me forget it. 
Nickels welcome.

Judge Evans talks about the Kinko’s and Michigan Documents cases, and disagrees 
about the “good parts” argument. In only one of the cases she considers does 
she say that the excerpt constituted “the heart of the work.” I’m not sure 
whether this is because a plaintiff argued it or it was her own analysis.

NB she looks at 74 cases, of which 27 fail the prima facie copyright violation 
test because either the plaintiffs were not able to show they had the rights, 
or else the excerpt was never accessed by students (e.g. the course was 
cancelled). So there are 47 cases where she looks at fair use. In 100% of them 
she considered that the library providing free access to the excerpts (factor 
1) strongly favored the defendants, and that the nature of the works 
(scholarship relevant to the courses) favored the defendants (factor 2). In the 
5 cases where she found violations, factor 3 had to favor the plaintiffs (that 
is, the amount had to be more than “distinctly small”) AND factor 4 had to 
strongly favor the plaintiffs (not only was permission available in a 
reasonably convenient way, but the book in question actually made money on such 
permissions).

There is no 10% rule. The rule is that an amount under 10% of a book with fewer 
than 10 chapters, or one chapter of a book with more than 10 chapters, is 
“distinctly small.” So in some cases 5% of a book could be more than a 
distinctly small portion (if it was a huge book with many chapters). I suppose 
that if you had a book with 12 chapters, and one chapter took up 20% of the 
book, that chapter could be used and still be “distinctly small.”

But if the permission is difficult to come by, the amount is irrelevant. In 13 
cases, factor 3 favored or even (in one case—30% of the book!) strongly favored 
the plaintiffs but the judge found for the defendants based on factor 4..

I shall now go fly a kite into the kite-eating tree.

Judy Shoaf




Good points -- I see another healthy debate on the horizon. Hold football for 
Lucy, hope for the best, rinse, repeat.

If I'm not mistaken it was the Kinko's case here in Ann Arbor, where some of 
these specific percentages were discussed. I think the prof. had copied 30-40% 
of a book, but the additional argument that had some substance centered not so 
much on the large percentage but that the "good parts" were primarily what was 
copied. "Good parts" > core > substantive argument, etc. Qualitative, not 
quantitative. At any rate, it seems to me that stating something as exact as 
10% is an effort in futility -- doesn't that miss a lot of the point, even 
though it is one part of the fair use review?  (disclosure: I have not read 
even 1% of the decision yet, so I shan't go opinionating beyond this little 
wondering!).

Randal Baier
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] Question: Wal-Mart's new digital streaming service via VUDU.com

[Brown, Roger]

Hi

Actually this is more the studios' new service, Ultraviolet, which WalMart
is just recently facilitating.

It is very much a single hoome-user model, in which they are trying to get
consumers to begin buying physical DVDs with the "promise" that they can
watch them on any devices through VUDO.  This to counteract the trends
towards streaming and renting that is lowering profit margins.

Note that the digital code is _not_ intended to be unbundled with the
disc. People have been trying to sell the codes on ebay with interesting
pushback from the studios:

http://www.webpronews.com/ultraviolet-code-crackdown-starting-on-ebay-2012-
04

Is using the digital code/ "copy" for other than home use (in other words,
in a classroom setting) by the original purchaser of the DVD in question
an infringement of copyright?

Interesting times.


- - 
Roger Brown
Manager
UCLA Instructional Media Collections & Services
46 Powell Library
Los Angeles, CA  90095-1517
office: 310-206-1248
fax: 310-206-5392
rbr...@oid.ucla.edu





On 4/26/12 11:45 AM, "Borden, Lisa M."  fashioned the
following lines:

>All:
>
>We're getting some questions about this new service provided by Wal-Mart:
>
>http://www.pcmag.com/article2/0,2817,2401511,00.asp
>
>Are any faculty or students on your campus buying into it?
>
>Thanks,
>
>Lisa M. Borden
>Serials & Electronic Resources Librarian, Section Head
>UTEP Library - Acquisitions
>PH: (915) 747-6709
>E-Mail: lmbor...@utep.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.

Re: [Videolib] FW: Interactive Documentary

[Brown, Roger]

I think you've discovered the reason why there's such a dearth of papers
on the topic. :)

- - 
Roger Brown
Manager
UCLA Instructional Media Collections & Services
46 Powell Library
Los Angeles, CA  90095-1517
office: 310-206-1248
fax: 310-206-5392
rbr...@oid.ucla.edu







On 4/23/12 9:57 AM, "ghand...@library.berkeley.edu"
 fashioned the following lines:

>What the hell is an interactive documentary  Sounds like virtual
>verite to me...
>
>gary handman
>
>
>
>
>> Happy Monday,
>>
>> I have a faculty member who is looking for academic articles, white
>> papers,
>> conference reports, anything on interactive documentaries. I found just
>>a
>> couple articles in Comm/Mass Media Complete and Film/TV Lit Index.
>> However,
>> I am really having a hard time finding books on the topic. Does anyone
>> have
>> any suggestions on alternative subject terms or other sources to search?
>> Specifically, the professor is looking for information on the basics as
>> well
>> as future trends.
>>
>> Thanks!
>>
>> Jodie
>>
>> 
>>
>> Jodie L. Borgerding, M.L.S.
>> Instruction and Liaison Librarian
>> Emerson Library
>> Webster University
>> 470 E. Lockwood
>> St. Louis, MO  63119
>> (314) 246-7819
>> jborgerdin...@webster.edu
>> http://libguides.webster.edu/soc
>> http://libguides.webster.edu/religion
>> http://libguides.webster.edu/zombies
>>
>> Chuck Norris doesn't read books. He stares them down until they give him
>> the
>> information.
>>
>> -Original Message-
>> From: Jorge Oliver [mailto:joli...@webster.edu]
>> Sent: Monday, April 09, 2012 12:49 AM
>> To: Jodie Borgerding
>> Subject: Interactive Documentary
>>
>> Dear Jodi,
>>
>> Hope you're well.
>>
>> I have to teach about three lectures on interactive documentary in
>>Leiden
>> this summer and was wondering if a reference librarian could help me
>> identify some academic papers on the subject. I am looking for the
>>basics
>> and perhaps something on future trends.
>>
>> What do you recommend?
>>
>> Thanks,
>> Jorge
>>
>> Jorge Oliver, MA, MFA
>> Associate Professor and Chair
>> Dept. of Electronic and Photographic Media Webster University
>> 470 East Lockwood Avenue
>> Saint Louis, MO 63119
>> (314) 246-8631
>> (314) 963-6924 fax
>> joli...@webster.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.
>>
>
>
>Gary Handman
>Director
>Media Resources Center
>Moffitt Library
>UC Berkeley
>
>510-643-8566
>ghand...@library.berkeley.edu
>http://www.lib.berkeley.edu/MRC
>
>"I have always preferred the reflection of life to life itself."
>--Francois Truffaut
>
>
>


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] For promotional use only * Not for Broadcast...?

[Brown, Roger]

Hi,

Per this case last year:
http://paidcontent.org/2011/01/05/419-appeals-court-kills-universals-lawsuit-over-re-selling-promo-cds/

. . . Items marked "promo" does not necessarily mean they are restricted. 
Depending upon the circumstances in which it was first obtained (was it 
requested or was it handed out at a convention with or without any written 
agreement before it changed hands?) the item may likely be entirely legitimate 
under First Sale.

It sounds like this is intended for a home or some specific promo use ("Not for 
broadcast") rather than a screener (which would probably have "Screener" or "Do 
not sell or lend" language).  If the item was legitimately acquired and if the 
library you are in is simply lending and not "broadcast" or performing the work 
in public, this wording should not limit its ability to circulate.

- -
Roger Brown
Manager
UCLA Instructional Media Collections & Services
46 Powell Library
Los Angeles, CA  90095-1517
office: 310-206-1248
fax: 310-206-5392
rbr...@oid.ucla.edu


From: Jessica Rosner mailto:jessicapros...@gmail.com>>
Reply-To: mailto:videolib@lists.berkeley.edu>>
Date: Wed, 4 Apr 2012 20:22:40 -0400
To: mailto:videolib@lists.berkeley.edu>>
Subject: Re: [Videolib] For promotional use only * Not for Broadcast...?

No "for promotional use only" means it was a screener send for review and is 
lot a "real" copy that can be used in a collection. I am not sure what you mean 
by "promotional length". Screeners sent for review/ promotion are almost always 
full length.

On Wed, Apr 4, 2012 at 6:29 PM, Jane Blume 
mailto:jbl...@btc.ctc.edu>> wrote:
Depression: Out of the Shadows

One of our nursing instructors gave us this PBS DVD to add to collection. On 
the front of the DVD it states: For Promotional Use Only * Not for Broadcast. 
Our cataloger mentioned she had not seen this on a DVD before. I’ve watched it 
and looked on the website and cannot find any other words of 
caution/wisdom/insight. It is 2 hours long, not a promotional type of length.

I am assuming the “Not for Broadcast” means no PPR. Is this correct? We are a 
little stymied by the “For Promotional Use Only”.

Do we need to ask the instructor how she obtained it?

Is it OK to add to our circulating collection?

Thank you all for your collective wisdom in advance.

Jane

Jane Blume
Director, Library and Media Services
Bellingham Technical College
3028 Lindbergh Ave.
Bellingham, WA 98225
360-752-8472 - phone
360-752-7272 - fax
mailto:jbl...@btc.ctc.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.




--
Jessica Rosner
Media Consultant
224-545-3897 (cell)
212-627-1785 (land line)
jessicapros...@gmail.com

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] ACRL Best Practices

[Brown, Roger]

Hi, Jessica,

I think Michael is pointing out that there is no explicit ruling against
use of an entire work, depending upon the way Fair Use or Teach or 108 is
interpreted and the circumstances.  Kim Stanton also points out that the
distinction between core resources and ancillary ones is blurring.

Your apparent insistence that the streaming and performance of a full
feature is illegal under any and all circumstances including fair use
isn't supported by case law at this point.


- - 
Roger Brown
Manager
UCLA Instructional Media Collections & Services
46 Powell Library
Los Angeles, CA  90095-1517
office: 310-206-1248
fax: 310-206-5392
rbr...@oid.ucla.edu





On 2/16/12 7:53 AM, "Jessica Rosner"  fashioned
the following lines:

>This is NOT about TEACH Michael which has it's own rules and this
>discussion has been about wholesale digitizing and streaming of
>feature works as "fair use"
>
>On Thu, Feb 16, 2012 at 10:45 AM, Brewer, Michael
> wrote:
>> There is a big difference between a performance and making a copy for
>>download. A streamed "performance" (of a recorded reading) of a book
>>actually might very well fall under TEACH, even if the book were read in
>>its entirety.  It depends on whether or not it would meet all the
>>criteria in the law, most specifically what kind of work it is and how
>>one defines "nondramatic literary work."
>>
>> See the Exceptions for Instructors eTool for more information,
>>specifically this page and the notes:
>>http://librarycopyright.net/etool/reasonableandlimited.php?ca=1
>>
>> Entire works - books, video, etc. - may also be used in their entirety
>>(streamed, made available for download, etc.) for research and teaching
>>if they are in their last 10 years of copyright protection and are not
>>being commercially exploited.
>>
>> I know that these are specific exceptions, but it is important for
>>people to understand that there is no prohibition on using entire works
>>without the permission of the copyright holder.  There are exceptions in
>>110, 108 and 107 (Sony, Bill Graham Archives, etc.), among others.
>>
>> mb
>>
>>
>> On Feb 16, 2012, at 8:18 AM, Jessica Rosner wrote:
>>
>>> My "paranoia". You mean about saying "fair use" means an entire film
>>> can be streamed if a professor says he needs it which is directly
>>> contrary to the entire history of "fair use" and would be another
>>> likely fatal blow for independent film distribution. I would still
>>> like to know why you "sell" your books as opposed to making them
>>> available for free as downloads since that appears to be what you want
>>> filmmakers to do.
>>>
>>> I wish I could figure a way to make this my sig for videolib posts
>>>
>>> " The mere fact that the portions copied by Kinko¹s were those that
>>> the college professor singled out as being critical parts of the books
>>> demonstrates that even if not ³the heart of² the works in question,
>>> the parts copied were substantial in quality"
>>>
>>> ( Yes I know Kinko's was "for profit" but I can't see how that changes
>>> the long established concept per above that "fair use"  is  PORTIONS
>>> of works used to create NEW WORKS)
>>>
>>>
>>> On Thu, Feb 16, 2012 at 9:20 AM, Patricia Aufderheide
>>>  wrote:
 It would be great to do more education, and ARL is eager to do so!
Thank
 you! Enough with the paranoia!


 On Mon, Feb 6, 2012 at 2:37 PM, Sarah E. McCleskey
  wrote:
>
> Would a proposal for a program on the new code of best practices be
> welcome at National Media Market, or would such a session it just
>turn into
> a rant session?  I'm thinking of a general discussion then breakout
>into
> smaller groups with "real life" examples to discuss, is a particular
>use
> covered by fair use, 110-b, etc.  But I don't want to bad feelings!!
>
> Sarah
>
> Sarah E. McCleskey
> Head of Access Services
> Acting Director, Film and Media Library
> 112 Axinn Library
> Hofstra University
> Hempstead, NY 11549-1230
> sarah.e.mccles...@hofstra.edu
> 516-463-5076 (o)
> 516-463-4309 (f)
>
>
>
> -Original Message-
> From: videolib-boun...@lists.berkeley.edu
> [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Stanton,
>Kim
> Sent: Monday, February 06, 2012 2:16 PM
> To: videolib@lists.berkeley.edu
> Subject: Re: [Videolib] ACRL Best Practices
>
>
> Representative from CSM and ALA have often stressed that the use of
>items
> in instruction is not always Fair Use or 110, but could be both. I
>was
> hoping this code would provide more guidance in defining when Fair
>Use is in
> play in pedagogy.
>
> I feel that the Fair Use of feature films in instruction is FARILY
>clear
> cut. In my experience, outside of Film Studies, most faculty use
>fairly
> short portions of features films in a way that seems clearly
>transformative
> or ill

Re: [Videolib] Six Feet of the Country

[Brown, Roger]

The site "DL4all.com" won't actually have it - they list your search request in 
their results and as you saw, try to get you to pay for a subscription before 
you find out they actually don't have it.

This is one of those illegal piracy/ digital locker sites.  They use words like 
"trusted" and "full version" to make you think it's curated in some way.

Careful!

- -
Roger Brown
Manager
UCLA Instructional Media Collections & Services
46 Powell Library
Los Angeles, CA  90095-1517
office: 310-206-1248
fax: 310-206-5392
rbr...@oid.ucla.edu


From: "Sayre, J. Richard" 
mailto:rsa...@monmouthcollege.edu>>
Reply-To: "videolib@lists.berkeley.edu" 
mailto:videolib@lists.berkeley.edu>>
Date: Wed, 11 Jan 2012 07:55:30 -0800
To: "videolib@lists.berkeley.edu" 
mailto:videolib@lists.berkeley.edu>>
Subject: [Videolib] Six Feet of the Country

Anyone know where we might find a VHS or DVD version of SIX FEET OF THE COUNTRY 
(1982)?   It’s a 30-minute film adaptation of Nadine Gordimer’s book by the 
same title.  I’m having a very difficult time finding it available in any form 
for purchase with the exception of a “free” (for paid subscribers) download 
from the following site:  
http://www.dl4all.com/xsf/tag/six+feet+of+the+country.html.

OCLC Record: Six feet of the 
country

Thanks for any assistance.
Cheers,
Rick
J. Richard Sayre
Library Director
Hewes Library
Monmouth College
700 E. Broadway
Monmouth, IL 61462
VOICE: 309-457-2192
FAX: 309-457-2226
Email: rsa...@monmouthcollege.edu
URL: http://library.monmouthcollege.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.

Re: [Videolib] Studios with embargos

[Brown, Roger]

Fox and Universal also started this with Redbox and Netflix in April, and I 
believe it's still in force.  "New releases" aren't available for 28 days for 
rent.

http://gigaom.com/video/redbox-agrees-to-28-day-windows-for-fox-universal-titles/

If Warners manages to get the rental players (Netflix, Redbox, 
Dish/Blockbuster) to increase it to 58 days as reported 
(http://consumerist.com/2012/01/report-warner-bros-will-stretch-new-release-rental-window-from-28-to-56-days.html)
 others may fall in line.

I can't imagine restricting the ability to rent films for 2 months will 
increase sales of DVDs as much as force customers to get other content or 
pirate what they want day-and-date rather than wait.  We'll see.



Roger Brown
Manager
UCLA Instructional Media Collections & Services
46 Powell Library
Los Angeles, CA  90095-1517
office: 310-206-1248
fax: 310-206-5392
rbr...@oid.ucla.edu

From: "Jaeschke, Myles" 
mailto:mjae...@tulsalibrary.org>>
Reply-To: "videolib@lists.berkeley.edu" 
mailto:videolib@lists.berkeley.edu>>
Date: Tue, 10 Jan 2012 08:22:29 -0800
To: "'videolib@lists.berkeley.edu'" 
mailto:videolib@lists.berkeley.edu>>
Subject: Re: [Videolib] Studios with embargos

The only one that is currently using this practice is Warner Bros.   Fox 
attempted it a few years back and then abandoned it.

Myles

From: 
videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Ball, James (jmb4aw)
Sent: Monday, January 09, 2012 2:20 PM
To: videolib@lists.berkeley.edu
Subject: [Videolib] Studios with embargos

Hi All,

I’m sure I have this somewhere but I can’t seem to dig it up.  Does someone 
have a list of the studios that have a 30-day embargo (or longer) on video 
sales to rental operations and libraries?  I want to say it’s Warner and Sony.

Cheers,

Matt

__
Matt Ball
Media Services Librarian
University of Virginia
mattb...@virginia.edu
434-924-3812

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] Winter weather anomalies in film?

[Brown, Roger]

Hi, Deg,

For the record, I was also fortunate (?) enough to have seen Quintet in
theatres... When going to Altman films when they opened was 1) possible 2)
the thing to do.

You must have been that guy in the back row.  Not well attended, that.


- - 
Roger Brown
Manager
UCLA Instructional Media Collections & Services
46 Powell Library
Los Angeles, CA  90095-1517
office: 310-206-1248
fax: 310-206-5392
rbr...@oid.ucla.edu





On 12/2/11 7:17 PM, "Deg Farrelly"  fashioned the
following lines:

>IS that the question?
>
>Quintet (Altman)
>
>I swear I am the only person in the world who ever saw this film in a
>theater!
>
>Little Eva on the ice floe in Uncle Tom's Cabin
>
>The Shining.
>
>
>And isn;t there an ice planet in the Star Wars saga?
>
>-deg
>
>
>
>On 12/2/11 11:37 AM, "videolib-requ...@lists.berkeley.edu"
> wrote:
>
>>Day after Tomorrow?  The Gold Rush?
>>
>>gary
>>
>>
>>
>>>How about bizarre "winter" weather "anomalies?"
>
>
>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] Friday fun question, early...

[Brown, Roger]

Related to Eileen's post, a recent doc on the horror hosts like Svengoolie
and Elvira and the rest of them can be seen for free on SnagFilm, called
"American Scary":


http://www.snagfilms.com/films/title/american_scary

A nice 90-minute diversion for those of us who remember wasting our
Saturday nights watching these kind of shows.


Roger Brown
Manager
UCLA Instructional Media Collections & Services
46 Powell Library
Los Angeles, CA  90095-1517
office: 310-206-1248
fax: 310-206-5392
rbr...@oid.ucla.edu




>>
>>All these movies bring back memories of my babysitting days.? Growing up
>>in Chicago, it was Svengoolie for me.? Sometimes I remember his parodies
>>more than the movies.? He did make me a fan of the cheesy 50's horror
>>movies.? Giant Gila Monster anybody.? Ray Kellogg seemed to be trying to
>>throw in everything but the kitchen sink.?
>>
>>Anybody:? What is the name of the movie with the giant grasshoppers
>>drowning in Lake Michigan?? I did not want to go anywhere near the beach
>>after than one.
>>
>>
>>Eileen Karsten
>>Head of Technical Services
>>Donnelley & Lee Library
>>Lake Forest College
>>555 N. Sheridan Road
>>Lake Forest, IL 60045
>>kars...@mx.lakeforest.edu
>>847-735-5066
>>


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] ILL of Section 108 copies

[Brown, Roger]

Hi,

Our collection has almost 2000 16mm prints, approximately 75% of which
have never been issued on VHS or DVD. Our AV services no longer support
16mm machines to classes or even have them in back storage (junked long
ago), so there are no facilities campus-wide to show these in classrooms.
For all practical purposes these titles (if not the format itself) are
"dead."  They will never circulate and are sitting in storage.

By 108 standards should these be considered "in danger"?  No reasonable
effort can get these shown in a classroom in their current format.

And as mentioned by others on the list many of these prints were well-used
and poorly treated, being scratched and faded as well as suffering
occasional fatal tears and rips.

If an instructor or researcher requests one of these titles, does 108
allow us to make an "access" copy (VHS) to go to class to be viewed (on a
VHS player)?  

(Once AV Services start pulling out VHS machines (sooner rather than
later) we'll be in another pickle.)



- - 
Roger Brown
Manager
UCLA Instructional Media Collections & Services
46 Powell Library
Los Angeles, CA  90095-1517
office: 310-206-1248
fax: 310-206-5392
rbr...@oid.ucla.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] Fascinating Copyright situation

[Brown, Roger]

One part of this discussion is whether the music rights really "belong"
with the recording artists.  "Work for hire" and numerous "authors" create
a difficult legal tangle.

Another part of this discussion, which Jessica alluded to, and which is
more interesting culturally, is what the artists will do with the music
once they get it - market it differently, sell it on their sites, let it
be downloaded, rewrite contracts with labels to distribute?

Record companies have been behind the curve on digital distribution for
the last 20 years - they failed to figure out how to deliver to a new
"digital native" population) - and had contentious relationships with
their artists.  Now that their business model is eroded, this development
may change that although they will kick and scream.

The anime example is regarded as true.  Companies did not release anime in
US and a thriving (and passionate) audience traded dupes, fansubs and
fandubs at conventions and online until their number could not be ignored,
and it is now a $4 billion industry. Not everyone steals everything always.

What this story really foretells, with music rights further fragmented
away from music labels, is the final nail in their coffin.  They can't
even release remastered greatest hits anymore.


- - 
Roger Brown
Manager
UCLA Instructional Media Collections & Services
46 Powell Library
Los Angeles, CA  90095-1517
office: 310-206-1248
fax: 310-206-5392
rbr...@oid.ucla.edu



>>
>
>--
>
>Message: 3
>Date: Mon, 15 Aug 2011 15:44:19 -0400
>From: Jessica Rosner 
>Subject: Re: [Videolib] Fascinating Copyright situation
>To: videolib@lists.berkeley.edu
>Message-ID:
>
>
>Content-Type: text/plain; charset="iso-8859-1"
>
>I have seen this before and frankly it is simply poppycock to use a nice
>word. I know my nephew and whole generation of college age kids NEVER pay
>for a song or movie. I have never illegally downloaded anything, I have
>also
>never bought anything via download so hardly works re the stats used
>here. I
>often hear that same claim to justify illegal movie downloads. Someone
>here
>posted a study claiming Animee in particular was making money because
>people
>who downloaded illegally later bought it , which I simply find absurd. I
>know people who download illegal stuff ( like my nephew ) and  buy
>nothing.
>I know people who pay for downloads. I don't know anyone who downloaded a
>film illegally and THEN decided to buy it. This is fake argument used to
>defend theft. So basically if I steal a few dozen cars but actually by one
>this is OK and good for the car business?
>
>On Mon, Aug 15, 2011 at 3:23 PM, Folmar David 
>wrote:
>
>> Although I understand the knee jerk reaction to music downloading and
>> royalties, here is an interesting article that shows that heavy
>> downloaders actually are th people buying music, so yes there is some
>> question about getting royalties from all the people who are not "heavy
>> downloaders" but the record companies strategy of suing people who
>> download music is sort of self-defeating because the same people turn
>>out
>> to be their biggest consumers
>>
>> 
>>http://www.independent.co.uk/news/uk/crime/illegal-downloaders-spend-the-
>>mo
>> st-on-music-says-poll-1812776.html
>>
>>
>> -David Folmar
>>


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] Public Performance Rights in Academic Libraries

[Brown, Roger]

I believe this is the document in question that Jessica Rosner refers to,
re the SCMS take on broadcast recording:

digital.lib.pdx.edu/resources/SCMSBestPracticesforFairUseinTeaching-Final.p
df

It is from 2007, increasingly out of date based on present digital
concerns, and to the chagrin of some it does not embrace Kastenmeier's
1979 limitations for fair use (only portions, 10%, etc.). Per their name,
SCMS generally supports the relatively unencumbered reuse of clips,
stills, etc. for criticism, analysis and education. Their document is
geared towards scholars rather than public performance questions.



- - 
Roger Brown
Manager
UCLA Instructional Media Collections & Services
46 Powell Library
Los Angeles, CA  90095-1517
office: 310-206-1248
fax: 310-206-5392
rbr...@oid.ucla.edu





On
>
>   1. Re: Public Performance Rights in Academic Libraries
>  (Jessica Rosner)
>
>
>--
>
>Message: 1
>Date: Tue, 9 Aug 2011 18:09:17 -0400
>From: Jessica Rosner 
>Subject: Re: [Videolib] Public Performance Rights in Academic
>Libraries
>To: videolib@lists.berkeley.edu
>Message-ID:
>
>
>Content-Type: text/plain; charset="windows-1252"
>
>No the tool asks if it is a legal copy or a "REPRODUCTION OF A LEGAL COPY
>"
>on the 2nd click in to the link you posted.It does not appear to me to
>offer
>any explanation for why a "reproduction" would be legal.to me that is
>going
>to lead to a lot of confusion even if later on it tells you to go directly
>to 110.
>
>Is this a typo, a mistake or can you simply add an asterisk next to
>"reproduction" explaining that you can make copies of CLIPS under certain
>circumstances.
>
>I  am not trying to play with semantics here, because when you have others
>claiming that for instance anything taped off TV can be used indefinately
>and it is pretty much not your responsibility to know what is legal or
>not (
>"best uses " document issued by Society for Cinema & Media Studies) rights
>holders do get concerned. I know you are trying to follow copyright law so
>if you think I am misreading this let me know.
>
>On Tue, Aug 9, 2011 at 5:50 PM, Brewer, Michael <
>brew...@u.library.arizona.edu> wrote:
>
>>  The tool asks if the copy is a legal one.  If you say ?no? then it
>>notes
>> that the copy must be legal. It also provides a note with a lot of
>> information about what is or is not legal, etc.  Not sure how much more
>>I
>> could add in to the tool (a lie detector app?).  Also, the latest LOC
>>1201
>> rules have been incorporated into this tool (so it allows for
>>reformatting
>> for 110 uses). 
>>
>> mb
>>
>> ** **
>>
>> Michael Brewer
>>
>> Team Leader for Instructional Services
>>
>> University of Arizona Libraries
>>
>> brew...@u.library.arizona.edu
>>
>> ** **
>>
>> *From:* videolib-boun...@lists.berkeley.edu [mailto:
>> videolib-boun...@lists.berkeley.edu] *On Behalf Of *Jessica Rosner
>> *Sent:* Tuesday, August 09, 2011 12:55 PM
>>
>> *To:* videolib@lists.berkeley.edu
>> *Subject:* Re: [Videolib] Public Performance Rights in Academic
>>Libraries*
>> ***
>>
>> ** **
>>
>> I agree, but it does not seem that this qualification of a "copy" is
>> limited to clips ( FYI it is NOT limited to streaming) and could lead to
>> major confusion.
>> This is a sensitive issue because SCMS and others "academics" have
>>pretty
>> much claimed "any" copy is legal including one made by a friend off TV 5
>> years ago and then digitized. Believe it or not I am not trying to be
>> difficult but is it clear that the copy of the legal copy is only clips
>>and
>> not whole films under "face to face"?
>>
>> On Tue, Aug 9, 2011 at 3:46 PM, Brewer, Michael <
>> brew...@u.library.arizona.edu> wrote:
>>
>> In order to stream a ?limited and reasonable portion? of a film, which
>>is
>> allowable under 110(2) under the conditions provided in the tool (and
>>we?ve
>> been over this before on this listerv), you  have to create a digital
>>copy
>> of that portion of the work.  


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] Zevida ordered shut down

[Brown, Roger]

Hi,

While Zediva may have been an interesting attempt to exploit what seemed
to be a semantic loophole in the copyright code, such a
physical-copy-based model simply doesn't scale.  Previous VOD schemes
dating from the '80s on could never crack this problem beyond very limited
tests.


- - 
Roger Brown
Manager
UCLA Instructional Media Collections & Services
46 Powell Library
Los Angeles, CA  90095-1517
office: 310-206-1248
fax: 310-206-5392
rbr...@oid.ucla.edu



>
>--
>
>Message: 4
>Date: Thu, 4 Aug 2011 15:40:40 +
>From: "Shoaf,Judith P" 
>Subject: Re: [Videolib] Zevida ordered shut down
>To: "videolib@lists.berkeley.edu" 
>Message-ID:
>   <3dbf4281403d7248b5da1c65dfbc51b9022e0...@ufexch-mbxn01.ad.ufl.edu>
>Content-Type: text/plain; charset="us-ascii"
>
>Zediva was an interesting idea, anyway. As I recall , Zediva was focusing
>on a market for streamed video of DVDs that had just been released,
>before the other streaming services were allowed to offer them. It stands
>to reason that it would be effectively attacked because it was stepping
>on a lot of toes, from the premium channels that have first dibs on
>presenting new films to stores and e-stores that get to sell the DVDs
>before the streaming begins.  I wonder if the technology will turn out to
>be useful in another context, though.
>I seem to recall an article in the 90s, before DVDs replaced VHS, about a
>university that used a similar system to stream video to student
>computers. I remember it involved a large number of VCRs in a room (not
>sure who was feeding them) and I know that there was an option to capture
>some of the stream (or that option was envisaged) because the article
>spoke about students being able to insert a clip in an essay. Or did I
>dream that?
>
>Judy Shoaf
>
>
>-- next part --
>An HTML attachment scrubbed and removed.
>HTML attachments are only available in MIME digests.
>
>End of videolib Digest, Vol 45, Issue 8
>***


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] Our new book on fair use

[Brown, Roger]

Jessica,

It sounds like you have different experiences with academics and
librarians re content sharing and acquisition than some of us.

If there are any academics that "support" Mr. Swartz I would be interested
to read their reasonings - and who they represent.  JSTOR pricing and
access restrictions are contentious within institutions, as are current
journal subscription practices in general.  It is a case of much interest,
even if I predict most of us don't agree with Mr. Swartz's actions.

But please don't paint all academics with the same "thieves" brush.

Best,



- -
Roger Brown
Manager
UCLA Instructional Media Collections & Services
46 Powell Library
Los Angeles, CA  90095-1517
office: 310-206-1248
fax: 310-206-5392
rbr...@oid.ucla.edu





On 7/27/11 10:37 AM, "videolib-requ...@lists.berkeley.edu"
 fashioned the following lines:

>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/videolib@lists.berkeley.
>edu
>
>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: Our new book on fair use (Brown, Roger)
>   2. Re: Our new book on fair use (Jessica Rosner)
>
>
>--
>
>Message: 1
>Date: Wed, 27 Jul 2011 10:12:11 -0700
>From: "Brown, Roger" 
>Subject: Re: [Videolib] Our new book on fair use
>To: "videolib@lists.berkeley.edu" 
>Message-ID: 
>Content-Type: text/plain; charset="us-ascii"
>
>Jessica,
>
>I think the JSTOR case may more properly be understood in the context of
>hacking/ bittorrent/open-access content online stories going on in the
>larger digital community.  Increasingly obsolete business models are
>struggling to morph in the age of Hulu, Netflix, and P2P sites.
>
>(see
>http://allthingsd.com/20110727/fox-kicks-off-the-great-web-video-piracy-bo
>o
>m-of-2011/)
>
>That the JSTOR case just happens to have taken place in an academic
>environment and involve academic content should not be offered as proof
>that academics are thieves.
>
>I don't know Mr. Swartz's actual defense of his actions (if he has
>explicitly expressed one) but his apparent attempt to post on a P2P site
>may suggest a political action.
>
>Your generalization that academics are the villains in this issue is
>misguided. My experience is that the vast majority are ethical and
>conscientious defenders of intellectual rights and content, as well as
>users and providers of appropriate access with context to same.  We
>welcome all forward-thinking discussions of the boundaries of fair use and
>creative commons strategies, and guidance in a rapidly changing and
>under-codified field of copyright in the digital age.
>
>It looks like Professors Aufderheide and Jaszi's new book attempts to
>explore such issues, and should be welcomed..
>
>
>
>
>- -
>Roger Brown
>Manager
>UCLA Instructional Media Collections & Services
>46 Powell Library
>Los Angeles, CA  90095-1517
>office: 310-206-1248
>fax: 310-206-5392
>rbr...@oid.ucla.edu
>
>
>
>
>
>--
>
>Message: 2
>Date: Wed, 27 Jul 2011 13:37:24 -0400
>From: Jessica Rosner 
>Subject: Re: [Videolib] Our new book on fair use
>To: videolib@lists.berkeley.edu
>Message-ID:
>
>
>Content-Type: text/plain; charset="iso-8859-1"
>
>You are correct that JSTOR itself is more or less a hacking case. My
>problem
>is the support he has received from academics.
>
>I am sorry to say my experience with academics is that too many want what
>they want and how they want it regardless of how they get it. When the
>leading group of film instructors issues a declaration that it is OK to
>tape
>material off air and use it for as long as you want, we are way past a few
>bad apples. I have had some personal experiences with some leading
>academics
>and as I have infamously  repeated one told a group full of librarians at
>ALA that they should explicitly NOT check with rights holders regarding
>the
>status of rare titles because the rights holders might only cause
>trouble. I
>have of course also been personally banned from ALA discussions on this
>subject which I find a tad odd for a group of librarians who theoretically
>support 

Re: [Videolib] Our new book on fair use

[Brown, Roger]

Jessica,

I think the JSTOR case may more properly be understood in the context of
hacking/ bittorrent/open-access content online stories going on in the
larger digital community.  Increasingly obsolete business models are
struggling to morph in the age of Hulu, Netflix, and P2P sites.

(see 
http://allthingsd.com/20110727/fox-kicks-off-the-great-web-video-piracy-boo
m-of-2011/)

That the JSTOR case just happens to have taken place in an academic
environment and involve academic content should not be offered as proof
that academics are thieves.

I don't know Mr. Swartz's actual defense of his actions (if he has
explicitly expressed one) but his apparent attempt to post on a P2P site
may suggest a political action.

Your generalization that academics are the villains in this issue is
misguided. My experience is that the vast majority are ethical and
conscientious defenders of intellectual rights and content, as well as
users and providers of appropriate access with context to same.  We
welcome all forward-thinking discussions of the boundaries of fair use and
creative commons strategies, and guidance in a rapidly changing and
under-codified field of copyright in the digital age.

It looks like Professors Aufderheide and Jaszi's new book attempts to
explore such issues, and should be welcomed..




- - 
Roger Brown
Manager
UCLA Instructional Media Collections & Services
46 Powell Library
Los Angeles, CA  90095-1517
office: 310-206-1248
fax: 310-206-5392
rbr...@oid.ucla.edu



>
>Today's Topics:
>
>   1. Re: Our new book on fair use (Jessica Rosner)
>
>
>--
>
>Message: 1
>Date: Wed, 27 Jul 2011 12:08:42 -0400
>From: Jessica Rosner 
>Subject: Re: [Videolib] Our new book on fair use
>To: pauf...@american.edu
>Cc: Peter Jaszi , videolib@lists.berkeley.edu
>Message-ID:
>
>
>Content-Type: text/plain; charset="windows-1252"
>
>My tech skills are such that I could not steal if I wanted to. However
>perhaps you could answer my question about if you believe there are
>circumstances
>in which an entire copyrighted film may be downloaded and/or streamed
>without the permission of the rights holder and if material taped of TV
>can
>be used indefinitely and in many cases digitized from old VHS. As you know
>many academics and SCMS claim they can, so I would like to know your view.
>
>I can tell you from personal experience that many academics either don't
>know or don't care about the "difference" between "Fair Use" and
>"stealing,"
>they simply  want materials available by any means, preferably one where
>they will not have to pay one penny. I understand that some of the big
>rights holders go way too far in the other direction in terms of say clip
>use, but that hardly justifies what I know for a fact may universities are
>doing with full length feature films
>
>My area is film, but you are no doubt aware of the case making the news
>of a
>Harvard student and "open access" activists who stole tens of thousands of
>articles from JSTOR ( never heard of it before myself) a subscription
>service for academic papers because he felt they were too expensive. I
>certainly don't know the position of you or Mr. Jaszi, but the student has
>received much support from academics and people who believed in essence
>they
>should not have to pay for that material so per above could you give me
>your
>opinion on this case as well as the questions above.
>
>Here is link to one of the stories on this
>http://newmediajournal.us/indx.php/item/2335
>
>
>I assume you lurk around here and have seen my many posts on this issue,
>but
>to sum up how I feel:
>In general I find academics feel if they can buy a DVD for $29.95 they
>will,
>if it is not available they will do pretty much anything from transferring
>an old VHS copy to borrowing a friend's off air copy or just a bittorrient
>download  to get and use it, and of course they will want said material
>digitized and made available on line. In the past librarians have been
>kind
>of a firewall between this illegal activity and what their institution
>will
>permit, but the increasing pressures of having to  tell an instructor the
>material they want simply is not available  and budget constraints which
>treat film in particular as something which an institution should never
>have
>to pay much for, have made it very difficult for librarians. What I have
>posted here many times over is that independent filmmakers and
>distributors
>in addition to being put out of business by such policies have been
>stabbed
>in the heart when the very people and institutions that they had counted
>on
>to support them have indeed been stealing from them.
>
>
>
>On Wed, Jul 27, 2011 at 11:20 AM, Patricia Aufderheide
>> wrote:
>
>> Thank you Jessica, for your interest! I'm sure a librarian near you can
>> help you with access to the book if you need it, and I know you're just
>> joshing about scanning but do trouble to learn the difference be

Re: [Videolib] UCLA Case

[Brown, Roger]

Hi,

A link to the press release explaining UCLA's official position can be
seen here:

http://www.newsroom.ucla.edu/portal/ucla/campus-to-re-start-streaming-of-15
4601.aspx

Legal discussions of various aspects of the case can be found online from
Educause to Techdirt to the Sloan Consortium, as well as AIME's site.


- - 
Roger Brown
Manager
UCLA Instructional Media Collections & Services
46 Powell Library
Los Angeles, CA  90095-1517
office: 310-206-1248
fax: 310-206-5392
rbr...@oid.ucla.edu





>
>Message: 2
>Date: Wed, 1 Jun 2011 13:43:43 -0400
>From: Jessica Rosner 
>Subject: Re: [Videolib] UCLA case
>To: videolib@lists.berkeley.edu
>Message-ID: 
>Content-Type: text/plain; charset="iso-8859-1"
>
>Hey I am all for that. I think some of their documents are on the AIME
>site.I can tell for a fact that 99% of the films they streamed did not
>have
>Public Performance Rights. Again the list of films they admitted to
>streaming as of over a year ago was in the 1700 range and included tons of
>Hollywood feature films, Foreign Films, Classic films and educational
>documentaries. They did not specifically indicate if they had streamed all
>those films in their entirety, but their claim was they had the right to
>and
>had clearly done it.
>
>I would really love to hear someone from UCLA talk about the list of films
>and how they did it.
>
>
>On Wed, Jun 1, 2011 at 1:34 PM,  wrote:
>
>> Since I have not read all the legal pleadings, it would be helpful if
>> someone from UCLA could post a response to this list explaining exactly
>>what
>> they did do (and I am new to the list so I apologize if this was done
>> before).  It would be helpful to hear from someone at UCLA describe what
>> they streamed and how they did it (did they use a  proxy server so all
>> students on campus have access and from home or just for specific
>>courses
>> through course management software?  Did they stream titles in which
>>they
>> had paid for public performance rights or feature films?  How many
>>films did
>> they stream?).  Others on this list have made factual statements about
>>what
>> UCLA did, but I don't think I've heard from anyone at UCLA say what they
>> did.
>>
>> Matthew
>>
>> Matthew Wright
>> Head of Collection Development and Instructional Services
>> William S. Boyd School of Law
>> University of Nevada Las Vegas
>> 4505 Maryland Parkway, Box 451080
>> Las Vegas, NV 89154-1080
>> (702) 895-2409; (702) 895-2410 (fax)
>>
>>


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] UCLA case

[Brown, Roger]

All,

While I appreciate and respect everyone's right to say what they like on
the videolib listserv, can I request that we temper the language to avoid
further comments suggesting that the librarians and academics here at UCLA
are nothing more than thieves?

I am one of those librarians and academics, and we are not intentionally
or maliciously out to steal any and all content, regardless of contracts,
agreements or law. This is not something we take lightly.  Discussions
about this case should not include personal attacks.

Thank you.
- - 


Roger Brown
Manager
UCLA Instructional Media Collections & Services
46 Powell Library
Los Angeles, CA  90095-1517
office: 310-206-1248
fax: 310-206-5392
rbr...@oid.ucla.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.

Re: [Videolib] UCLA Case

[Brown, Roger]

Hi,

As a (relatively new) member of the UCLA community dealing with the
ramifications of this issue daily, I'd like to point out that not all the
facts expressed here on this listserv are correct in re UCLA's policies.

The real issue is in getting clarification on what is allowable in a
"virtual classroom environment" and what that is exactly.  And if digital
streaming of a legally acquired copies, with or without certain rights
stated or implied, can be part of (all of) our missions.

The rules, policies, and interpretations are changing almost daily on this
issue.  


Best, 


Roger Brown
Manager
UCLA Instructional Media Collections & Services
46 Powell Library
Los Angeles, CA  90095-1517
office: 310-206-1248
fax: 310-206-5392
rbr...@oid.ucla.edu




>
>--
>
>Message: 2
>Date: Thu, 26 May 2011 16:09:51 +
>From: Susan Albrecht 
>Subject: Re: [Videolib] UCLA Case
>To: "videolib@lists.berkeley.edu" 
>Message-ID:
>
>
>Content-Type: text/plain; charset="us-ascii"
>
>Thank you for the text, Peter.
>
>One further question.  Is anyone in a position to know whether, for
>*each* film UCLA streamed, it truly had paid for PPR?  I know that still
>doesn't address, for a lot of us, the issue of format change, but I'm
>curious whether UCLA really thought ahead enough to limit its streamed
>offerings to those for which it had obtained PPR, and never streamed, for
>instance, a feature film
>
>Susan
>
>
>-Original Message-
>From: videolib-boun...@lists.berkeley.edu
>[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Peter Hartogs
>Sent: Thursday, May 26, 2011 12:00 PM
>To: videolib@lists.berkeley.edu
>Subject: Re: [Videolib] UCLA Case
>
>Law360, New York (May 2, 2011) -- A federal judge in California indicated
>Monday she would dismiss a breach of contract suit alleging the
>University of California, Los Angeles, violated the copyrights of
>educational video makers when it implemented a system for streaming
>videos online to students and faculty.
>
>The tentative ruling, if entered, would bring clarity to the rights of
>colleges and universities that argue the public performance rights they
>purchased with educational films give them the legal authority to bring
>videos into the virtual classroom space.
>
>
>
>"The court's tentative would be to grant the motion to dismiss," U.S.
>District Judge Consuelo B. Marshall told attorneys in the case Monday.
>"The big issue is whether plaintiffs' counsel will seek leave to amend."
>
>The judge indicated that granting leave to amend in the case was not a
>foregone conclusion.
>
>Attorneys for the Association for Information Media and Equipment, a
>national trade association of educational content producers and
>distributors, filed an amended complaint in February arguing that UCLA
>and top school administrators breached contracts and violated copyrights
>when they deployed Video Furnace, a system that allowed students and
>teachers to stream videos like "The Plays of William Shakespeare" over
>the Internet.
>
>Ambrose Video Publishing Inc., the Shakespeare film's distributor, is
>also a plaintiff in the action. AVP offers its own video streaming
>service, Ambrose 2.0, the complaint says.
>
>The plaintiffs argue that after they confronted UCLA with possible legal
>action, the school suspended use of its online streaming system. But
>"after a winter-break period of reflection," the school brought the
>system back online, according to the complaint.
>
>"We have exhibits showing that the decision to stop and restart streaming
>was made at the highest levels of the school's administration," attorney
>Arnold Lutzker, who represents the plaintiffs, told the judge.
>
>The complaint accuses UCLA of hypocrisy, applying for over 1,700
>copyrights in the past three decades and vowing in policy statements to
>uphold copyright law, even as its streaming system violated the
>copyrights of PBS Video, Icarus Films and other AIME members.
>
>The university's video streaming system "does not have to be an
>educational setting," the complaint said. "For example, the student with
>access to the UCLA network can be in a WiFi hot spot anywhere, such as at
>Starbucks coffee shops off campus."
>
>But attorneys for UCLA countered that the videos at issue had come with
>an unambiguous license printed in bold on the Ambrose video catalog: "All
>purchases by schools and libraries include public performance rights."
>
>The streaming system only allows students to play videos online if an
>instructor assigns the video and only if they are currently enrolled in
>the class, according to UCLA
>
>This use, the university argues, was permitted by the public performance
>rights that Ambrose explicitly granted.
>
>Attorneys for UCLA also claim that the plaintiffs' state law causes of
>action are preempted by the federal Copyright Act., that AIME doesn't
>have standing to bring suit on behalf of its members and that University
>of California administrators are

Re: [Videolib] The Magnificent Ambersons DVD exclusive to Amazon

[Brown, Roger]

Hi, Mike,

The "exclusive" part is a marketing thing.  Amazon does this.  This is a
Warner's title, and will be certainly be available elsewhere and widely,
especially as other flavors of the collection (without the extras, etc)
are released.  

Amazon gets these early listings and bragging rights, and as you can see
it's #1 in their DVD drama sales.

Cheers, 


Roger Brown
Manager
UCLA Instructional Media Collections & Services
46 Powell Library
Los Angeles, CA  90095-1517
office: 310-206-1248
fax: 310-206-5392
rbr...@oid.ucla.edu




>
>--
>
>Message: 2
>Date: Fri, 20 May 2011 16:13:17 +
>From: Michael May 
>Subject: [Videolib] The Magnificent Ambersons DVD exclusive to
>   Amazon.com?
>To: "videolib@lists.berkeley.edu" 
>Message-ID:
>   <07165E0538A26C4992EF936C2DA1B0A74758C6@exchange2010.dbqpublib.local>
>Content-Type: text/plain; charset="us-ascii"
>
>It looks like The Magnificent Ambersons is coming to DVD exclusively to
>Amazon.com as part of a Citizen Kane Blu-ray set:
>
>http://amzn.to/leYQf5
>
>Does anyone know the release date, or if it might be more widely
>available?
>
>Thanks.
>
>Mike
>
>Michael May
>Adult Services Librarian
>Carnegie-Stout Public Library
>360 West 11th Street
>Dubuque, IA 52001-4697, USA
>Phone: 563-589-4225 ext. 2244
>Fax: 563-589-4217
>Email: m...@dubuque.lib.ia.us
>
>-- next part --
>An HTML attachment scrubbed and removed.
>HTML attachments are only available in MIME digests.
>
>End of videolib Digest, Vol 42, Issue 83
>


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] Challenge to using a home video instead of institutionally licensed video

[Brown, Roger]

Jessica makes an important point.  Since the provenance of the copy (even
if it's new and sealed) is unknown when you sell from a Marketplace seller
on Amazon (did they get it from the distributor or from the back of a
truck that crashed in their neighborhood?) you can't be sure it's a
"legally acquired" copy and that therefore first-sale or other agreement
applies.

We are very restrictive of use when we are forced to acquire an
out-of-print title from a MP seller for an instructor and presume no
agreement has been passed on.

- - 
Roger Brown
Manager
UCLA Instructional Media Collections & Services
46 Powell Library
Los Angeles, CA  90095-1517
office: 310-206-1248
fax: 310-206-5392
rbr...@oid.ucla.edu

>
>
>--
>
>Message: 4
>Date: Thu, 5 May 2011 18:03:04 -0400
>From: Jessica Rosner 
>Subject: Re: [Videolib] Challenge to using a home video instead of
>institutionally licensed video
>To: videolib@lists.berkeley.edu
>Message-ID: 
>Content-Type: text/plain; charset="windows-1252"
>
>OK I am totally confused. Did the original seller/owner sell home use
>copies
>and was this one supposedly "used". The question would be
>if the seller had literally signed off ( as in the proverbial I agree to
>these terms) when they bought it, in that case the original company could
>take action against them and have some reasonable claim that it was not a
>legal copy, though few places do that.
>
>The mystery is where did the copy come from and under what terms.
>
>On Thu, May 5, 2011 at 5:56 PM, Susan Albrecht 
>wrote:
>
>> I don't think I was clear in my use of the word aftermarket. It's NOT
>>the
>> original film distributor selling copies through amazon, and it's not
>>Amazon
>> selling. It's 'used' dealers selling through amazon. I didn't check in
>>this
>> specific case, but just like with 'used' dealers of books selling
>>through
>> amazon's aftermarket site, sometimes the copies are listed as brand new,
>> factory sealed. So that's my question. Or are you saying that if anyone
>>is
>> selling a DVD through amazon as an aftermarket dealer, they must have
>>gotten
>> the original distributor's permission?
>>
>> Susan


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] [videolib] Blu-ray

[Brown, Roger]

Thanks, Michael.  I was going by the weekly sales charts on Digital Digest
(link below) that measure packaged media in general, and you're right,
blu-ray is growing (as is 3_D and HDTV) but not nearly enough to make up
for the fall of DVD sales. BD marketshare is flat relative to users of
DVDs and the white elephant in the room, streaming online.

My point that I should have made clearer is that Blu-ray isn't replacing
DVDs, or winning over more than a percentage of the customers abandoning
DVD.  

http://forum.digital-digest.com/showthread.php?t=86912&page=23

There will be a place for blu-rays in the foreseeable future, but no where
near the depth we have been enjoying up to now.

Cheers, 
- - 
Roger Brown
Manager
UCLA Instructional Media Collections & Services
46 Powell Library
Los Angeles, CA  90095-1517
office: 310-206-1248
fax: 310-206-5392
rbr...@oid.ucla.edu


>
>
>--
>
>Message: 2
>Date: Tue, 3 May 2011 19:31:25 +
>From: "Logan, Michael" 
>Subject: Re: [Videolib] [videolib] Blu-ray
>To: "videolib@lists.berkeley.edu" 
>Message-ID:
>
>
>
>Content-Type: text/plain; charset="us-ascii"
>
>I agree that the number of older titles on BD will never approach the
>number on DVD, just as DVD never approached the number of titles released
>on VHS. But I'm questioning the assertion that BD sales have "already
>gone flat."  Perhaps I'm misinterpreting it, but this post (which cites
>IHS Screen Digest, FutureSource, and the NPD Group) indicates that BD
>sales are still on an upward trajectory.
>
>As for the smaller producers and distributors whose product currently
>comes on on DVD-R discs, I don't see why they won't transition to BD-R.
>All of the technology (HD cameras, BD burners and burnable BD-R discs) is
>out there, at reasonable cost.
>
>On a personal note, I'll admit that on a smaller screen, there isn't much
>of a difference in visual experience between DVD & BD. But seeing many of
>Criterion's BD releases projected at 1080p on an 8' screen absolutely
>knocked my socks off. Anyone who values the cinematic experience, and
>doesn't live somewhere where classic 35mm films are publicly shown, needs
>to see (and hear) BD to believe it.
>
>My $0.02...
>
>
>Michael Logan
>Acquisitions and Technical Services
>Humboldt County Library
>(707) 269-1962
>
>
>
>Roger Brown wrote:
>
>I suspect that blu-ray releases are an attempt to skim the cream off an
>increasingly smaller purchasing impulse and the back catalog will never
>see the light of day on this new format.  Blu-rays have already gone flat
>in terms of sales.
>
>Formats are disappearing faster and faster.  Blu-rays aren't replacing
>DVDs so much as selling HD monitors and TVs.
>
>- -
>Roger Brown
>Manager
>UCLA Instructional Media Collections & Services
>46 Powell Library
>Los Angeles, CA  90095-1517
>office: 310-206-1248
>fax: 310-206-5392
>rbr...@oid.ucla.edu
>
>
>
>
>--
>
>Message: 3
>Date: Tue, 3 May 2011 19:33:20 +
>From: "Logan, Michael" 
>Subject: Re: [Videolib] [videolib] Blu-ray
>To: "videolib@lists.berkeley.edu" 
>Message-ID:
>
>
>
>Content-Type: text/plain; charset="us-ascii"
>
>Oops, then I go and forget the link: http://www.blu-ray.com/news/?id=6294
>
>
>Michael Logan
>Acquisitions and Technical Services
>Humboldt County Library
>(707) 269-1962
>
>
>


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] [videolib] Blu-ray

[Brown, Roger]

Hi,

I suspect that blu-ray releases are an attempt to skim the cream off an
increasingly smaller purchasing impulse and the back catalog will never
see the light of day on this new format.  Blu-rays have already gone flat
in terms of sales.

Formats are disappearing faster and faster.  Blu-rays aren't replacing
DVDs so much as selling HD monitors and TVs.

- - 
Roger Brown
Manager
UCLA Instructional Media Collections & Services
46 Powell Library
Los Angeles, CA  90095-1517
office: 310-206-1248
fax: 310-206-5392
rbr...@oid.ucla.edu



>
>Dear Gary,
>
>First of all, no one waits for the plumber here in Jersey. Godot will come
>first. Leave the door open and hope the vandals are good with a monkey
>wrench.
>
>Agreed on everything else but here's the thing. The indies are indeed
>moving
>over to Blu-ray (Milestone and Flicker Alley will have their first
>releases
>while Kino and Criterion are already heavily into it) but I suspect it's
>only because DVD sales suck so much. It might only be a five years of time
>since streaming is the tidal wave of the future, but right now most of
>that
>is VHS quality. So, yes, you are probably buying into a dying medium but
>it
>might be far superior than what you get in a few years. And streaming
>might
>not have bonus features -- some of those are as important to the classroom
>as the films themselves. I really do feel that at $25 a pop, the best
>machines (the Oppo) are under $500, and HD projection not much more, then
>it's worth the investment for film studies. I, of course, agree with my
>pal
>Oksana whose main interest is providing optimal quality for her students.
>And I assume she is paying a lot more for the discs (they have to have
>PPR)
>while their students are paying cheaper tuition since Canada tends to be
>less in fees. So my conclusion (which I know she would laugh at if she
>wasn't crying) is that Concordia gives her more support for her work.
>
>As a father with a freshman in high school, I have to save a LOT of money
>for the undergraduate degree (and more yet for the doctorate) and I'm
>hoping
>that his college will provide him with a maximum experience for his
>education. Since it'll be physics, I suspect this will be true. For film
>studies, it probably depends on the college. You're lucky, of course, to
>have the PFA on campus so your students *do* have the 35mm experience in
>the
>best possible fashion.
>
>
>
>Best,
>Dennis Doros
>Milestone Film & Video/Milliarium Zero
>Harrington Park, NJ 07640
>email: milefi...@gmail.com
>www.milestonefilms.com
>www.ontheboweryfilm.com
>www.arayafilm.com
>www.exilesfilm.com
>www.wordisoutmovie.com
>www.killerofsheep.com
>
>AMIA Austin 2011: www.amianet.org
>Join "Milestone Film" on Facebook!
>
>Follow Milestone on Twitter! 
>


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] NY Times article on movies as a shared experience

[Brown, Roger]

Hi, group,

As a former theatre manager for many years, I must respectfully disagree
with the idea that theatre managers "don't care" about good projection,
sound, or audience manners.  Those are dear to the experience as well as
to the well-being of the audience, the efficiency of the staff, and the
general daily operation of any theatre.

All these create problems we often don't have the ability to solve.  The
problem is dwindling resources that prevent us from having enough staff,
appropriate training, good wages or time to breath.  People who work in
theatres, make no mistake, generally love and support the
audience/theatrical experience.  The financial stress felt from Hollywood
moves down through theatres to (now obsolete) video stores.  Cable is
scrambling now to get part of the digital delivery pie, and theatres may
be cut out sooner rather than later.  (see the story on VOD threat:
http://www.variety.com/article/VR1118035210?refcatid=13&printerfriendly=tru
e)

Movies may be big for a week (when they are) but don't last long enough
for the percentages to tip in the favor of theatres.

A larger cultural tidal wave is hard to stop when you have no means.

- - 
Roger Brown
Manager
UCLA Instructional Media Collections & Services
46 Powell Library
Los Angeles, CA  90095-1517
office: 310-206-1248
fax: 310-206-5392
rbr...@oid.ucla.edu



>
>
>Today's Topics:
>
>   1. Re: NY Times article on movies as a shared experience
>  (Jackson, Sandra F.)
>
>
>
>Gary,
>
>I agree, but I would argue that it's one and the same thing. People see
>going to a movie now just as if they are watching it at home and feel
>free to talk, take phone calls, etc. Theaters stopped treating their
>customers as community members and guests -- and let's remember that
>ushers did have to stop unruly cinema-goers from day one but there are no
>more ushers and very few managers who care about good projection, sound
>and manners. Add to that a Hollywood not interested in hiring the best
>writers and the best material and more interested in commercial product
>that can be sold in one sentence. Better movies make less restless
>audiences.
>
>Dennis
>
>On Sun, Apr 10, 2011 at 6:28 PM,
>mailto:ghand...@library.berkeley.edu>>
>wrote:
>...on the other hand:  The Castro and other cinephile venues are one
>thing; the urban cineplex, definitely another.  I'm increasingly appalled
>by the lunkheadedness and rudeness of movie-going audiences in urban
>cineplexes...
>
>gary handman


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.