Re: [Videolib] ACRL Best Practices
Feature films seem to be a particularly controversial area, because if I understood Peter Jaszi correctly when he responded to questions about the Best Practices today: to use a film that was originally marketed for entertaininment purposes for educational purposes would be a transformative use. Page 8-9 talk about legal precedents for this, but it's not very detailed. To me this seems to fly in the face of Fair Use factor 4 because feature films tend to be readily accessible for loan, rent, or purchase at reasonable prices. But I can see how it would apply to videos priced at institutional tiered rates because what student or instructor is going to shell out $250 to watch a film as part of a class assignment? If streamed, it's not going to affect sales anyway. But if a video were only marketed as educational, then Peter Jaszi's transformative use wouldn't come into play, though a high price could make it fair under factor 4. This doesn't apply to most books because students have been enculturated to pay for expensive text books, which is why it wouldn't be fair to scan an entire book and post it online under factor 4. that's my two cents anyway Janice Woo On Feb 6, 2012, at 12:50 PM, Jessica Rosner wrote: I am afraid the focus on feature films is my fault Bob. I will be honest, I focus on features because to me it makes it even clearer that the people pushing the best practices and other similar views on fair use (and that there is no limit to amount you can use) often want to justify streaming of entire films without any regard to rights and use. The term educational film really does not have any legal meaning however in the case of the TEACH ACT ( which I believe is the only area where this applies) films made exclusively for instruction are an exempt class but then so are all fiction films. In terms of the financial damage one could argue that the streaming a more costly educational film might be more damaging than a standard feature film, but I rather doubt it. The core issue remains the claim that in essence fair use is whatever the institution decides it is and that any use they accept is tranformative . On Mon, Feb 6, 2012 at 3:28 PM, Bob Norris b...@filmideas.com wrote: This may seem like a naive question, but is all the focus on theatrical because it is assumed that a program from an educational distributor would not qualify under fair use because of the adverse affect upon the potential market for or value of the copyrighted work? And if this is true, would that extend to segments of a program if the distributors sells digital segments of the program? I think Film Ideas would be willing to agree its license agreements shall not supersede the rights already granted to users under copyright law. Although, if we cannot agree on what the law states, I'm not sure how much weight that statement carries. Bob Norris Managing Director Film Ideas, Inc. Phone: (847) 419-0255 Email: b...@filmideas.com On Feb 6, 2012, at 1:16 PM, videolib-requ...@lists.berkeley.edu wrote: From: Simpkins, Terry W. tsimp...@middlebury.edu Date: February 6, 2012 12:41:16 PM CST To: videolib@lists.berkeley.edu videolib@lists.berkeley.edu Subject: Re: [Videolib] ACRL Best Practices Reply-To: videolib@lists.berkeley.edu Hello everyone, Jessica Rosner asks If you ... are sincere that you are not the enemy of content owners, how bout a simple and CLEAR statement that fair use' does NOT cover the use of feature material being assigned to classes. I am not one of the authors of the guidelines, but I can imagine that one reason they might be uncomfortable with such a statement is because, well, it has no basis in the law. We all know the drill by heart, don't we? Each fair use decision includes a judgment about the nature of the use (perhaps assigned to class, in a non-profit setting), the nature of the work (perhaps feature material), the amount being used (perhaps the whole film, perhaps not), and the effect on the market (perhaps a large negative effect, perhaps it will stimulate interest and sales). The law deliberately requires us to reflect on each of these aspects. It is not a mere check-list that makes simplistic assertions about whether using one highly-generalized type of material (feature films) in another highly generalized setting (classes) is, or is not, fair use. Why on earth would librarians and educators (or any sane individual, for that matter) voluntarily limit rights granted to us by law? If the law was intended to exempt feature materials from the fair use provisions in this manner, I am confident it would have been written to say that. Perhaps content owners might make a similarly simple and clear statement saying that license agreements shall not under any circumstances supersede the rights already granted to users under the fair use, or any other, provision of the copyright law, just to prove they are not the
[Videolib] DVD license v purchase
This article on Digital Threats to Lending by Carrie Russell seems a propos to video licensing too, e.g. Films Media Group terms. http://www.americanlibrariesmagazine.org/features/01122012/threats-digital-lendingVIDEOLIB 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] Clarification regard Llyn Foulkes short
The filmmaker wants you all to know that the 20-minute short that she's selling for $150 to libraries ($50 for individuals) is not in fact a way to raise money for her feature length documentary. Begin forwarded message: From: Tamar Halpern tamarol...@att.net Date: October 27, 2011 6:23:10 AM PDT To: j...@cca.edu Subject: Regarding your posting Ms. Woo, Please let me clarify your misunderstanding that was posted to via lists.berkeley.edu to videolib. The short I am selling is on its own an inside look into Llyn Foulkes’ process in the studio as he struggles to finish a painting eight years in the making. It focuses solely on that one painting that took eight years to complete – his process and his hopes and dreams. The feature film, which might include about two minutes of the short, is about his life, his entire 50 plus year career, his music, his one man band, being on the Tonight show, two marriages, three children, his struggles, his battles and his demons. The two films are wholly different. The fact that you worked hard to talk me down on the price and then posted an email that calls into question my ethics is disturbing. This is a great time for Llyn Foulkes as he has two openings tomorrow in NYC, a city I’ve followed him to twice and where he feels he’s never been appreciated, plus he is on the cover of this month’s Art in America. I’ve spent six years following him when he was forgotten (according to him) and invested thousands of my own money documenting him. The short was part of Llyn’s shows and traveled with the one painting he worked on for eight years. The short stands alone as a work. The encouragement of my friend Raphael Rubinstein, former managing editor of AiA and current professor of art, is the reason the short and the feature were ever endeavored in the first place. Please take the time to repost a correction on the internet. And in the future, instead of arguing about the price (unlike so many of the other California art colleges that have happily added it to their collection), why not just ask me why exactly I feel the price is justified? We could have had a nice dialogue instead. Please repost in a timely fashion. Thank you, Tamar Halpern ORIGINAL POSTINGS Re: [Videolib] Caveat emptor - Llyn Foulkes video From: Jessica Rosner Date: Tue, 20 Sep 2011 11:57:24 -0700 Subject: Seems like a rather high end version of Kickstarter. On Tue, Sep 20, 2011 at 2:51 PM, jwoo wrote: The 20-minute video currently being marketed is not the final version; while negotiating the price, I learned that she's selling this one to raise money to complete the feature-length version. I don't know about you, but when shelling out three-figures, I'd like to receive the fully finished project. In her original email and on the website, I didn't see anything indicating that this is not the final product and would have felt really burned if I'd purchased the mini-version now. Just wanted to let you all know in case you're thinking of buying it. Janice Woo California College of the Art P.S. According to the filmmaker, purchase gives CCA a discount when the feature length documentary is completed. I'm working hard at it as I write and these sales help to fund my efforts. On Sep 8, 2011, at 4:13 PM, Tamar Halpern wrote: “Llyn Foulkes is the great maverick genius of American Art.” - -Raphael Rubinstein, former Senior Editor, Art in America “This documentary shines a light on the method and the madness of one of the best living American artists today.” -Ali Subotnick, Hammer Museum Curator “This film is a fascinating glimpse into the artistic process.” -Cecile Whiting, Professor, Art Studies, UC Irvine Dear Janice Woo, My mother is a graduate of your school, so it would be a great honor to have my film included in your collection. Llyn Foulkes’s The Lost Frontier is an intimate twenty-minute DVD that documents the emotional, physical and philosophical psyche of a working artist that I hope will be of interest to Washington University. Llyn Foulkes started his career in Los Angeles in the 1960’s, along with contemporaries Robert Irwin, Ed Moses and Ed Ruscha. Considered an important force in California Pop and Assemblage, Llyn is hard at work today with work owned by the Pompideau, The Art Institute in Chicago, LACMA, MOCA, The Hammer, and The Whitney among others. This intimate portrait of a working artist in his prime, his frankness about his career, and his commitment toward ‘picture making’ makes for a highly personal adventure inside the mind and studio of Llyn Foulkes. This documentary is a valuable teaching tool for anyone interested in the arts and the creative process, regardless of age. I invite you to click below to view clips and learn more about acquiring this film for your collection. http://www.llynfoulkesfilm.com
Re: [Videolib] Using Facebook to publicize video colections
Ditto at CCA. The main purpose of our FB page is to promote library resources, usually in conjunction with an event or news story. On Tuesday we posted a list of books related to a current exhibition; as of Friday, not one checked out... https://www.facebook.com/ccalibrary On Oct 7, 2011, at 11:24 AM, ghand...@library.berkeley.edu wrote: We do it sporadically, but I'm almost completely certain no one is really paying much attention--particularly on this campus http://www.facebook.com/#!/pages/Media-Resources-Center-UC-Berkeley/23158336870 Hello! Just curious how many of you there are using Facebook and other social networking tools to help publicize your video collections? And do you find it is making a difference? Something I just posted this morning: f Cheers! Anthony PS Using Facebook to publicize media collections was just one of the many cool things I learned about doing from attending last year's awesome National Media Market. *** Anthony E. Anderson Social Studies and Arts Humanities Librarian Von KleinSmid Library University of Southern California Los Angeles, CA 90089-0182 (213) 740-1190 tel:%28213%29%20740-1190 antho...@usc.edu mailto:antho...@usc.edu Wind, regen, zon, of kou, Albert Cuyp ik hou van jou. * 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. 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] fair use in CHE article
so, it's okay for librarians to act as the middleman for fair use, that is, a third-party can make copies for the end-user who is actually doing the research or scholarship? On Aug 23, 2011, at 8:07 AM, ghand...@library.berkeley.edu wrote: I agree with the researcher gary handman Did anyone read the second paragraph of this article: The Common Sense of the Fair-Use Doctrine, by Patricia Aufderheide. Chronicle of Higher Education, August 21, 2011. Do you agree that the researcher's request falls under fair use? Not rhetorical, I'm actually wondering. Thanks - Janice A researcher asks a librarian if the librarian can provide her with a clip from a major motion picture, relevant to the researcher's presentation at the annual meeting of her academic association. When the librarian demurs, the researcher explains her fair-use right to show the work. http://chronicle.com/article/The-Common-Sense-of-the/128756 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. 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] fair use in CHE article
Did anyone read the second paragraph of this article: The Common Sense of the Fair-Use Doctrine, by Patricia Aufderheide. Chronicle of Higher Education, August 21, 2011. Do you agree that the researcher's request falls under fair use? Not rhetorical, I'm actually wondering. Thanks - Janice A researcher asks a librarian if the librarian can provide her with a clip from a major motion picture, relevant to the researcher's presentation at the annual meeting of her academic association. When the librarian demurs, the researcher explains her fair-use right to show the work. http://chronicle.com/article/The-Common-Sense-of-the/128756 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] How do you know when you’ve become an artist?]
Here's what I'd recommend: if a library pays for a $250 DVD, offer them a free circulating copy to go with it (that's about $2 worth of plastic, right? heck, I'd pay the extra $2 for a circulating copy). At least then our expensive videos would be seen. Presently students at my college can only view them in class or in the library. Also, I wouldn't put Working Title in the same genre as Rwanda or gerrymandering. This is an interesting video that our students would really appreciate if the access were more convenient. -- Janice On Jun 24, 2011, at 5:09 PM, Jessica Rosner wrote: As someone who works with independent documentary filmmakers, let me tell you they would be THRILLED to sell their films at $25 or $30 if they had a chance in hell of selling 5 times as many as they would at $250. The subject matter is generally geared towards the academic community or at least not to the popular topics that sell in the thousands and they have a lot of expenses to recoup and it is a bitch to distribute. These are simply not the same as the more popular $19.95 to $29.95 videos you will find at the retail level and keep in mind the distributor only gets back 60% or so on thing sold through third parties like Amazon. I assure you if 1500 institutions would actually buy a wonderful series of films on the post genocide justice system in Rwanda or even one on Gerrymandering ( to plug the ones I deal with) the directors would be over the moon to sell them for $25 knowing more people could see them. When good documentaries are carried by public libraries at a fraction of the rate of bad action movies then you will see a huge drop in prices, heck if just one in every 500 university libraries bought them you would see the same. On Fri, Jun 24, 2011 at 7:31 PM, ghand...@library.berkeley.edu wrote: Original Message Subject: Re: [Videonews] How do you know when you’ve become an artist? From: ghand...@library.berkeley.edu Date: Fri, June 24, 2011 4:31 pm To: Video Library News videon...@lists.berkeley.edu -- Problem isn't solved if the expensive title they've taken out and lost is out of distribution. All depends on the mission of your collection (and whether preservation for long-haul to support teaching and research is part of it) Gary (who's cool in Berkeley) At the University of Southern California we have in our collection at least 750 documentary films costing $250 or more. And no effetism here. All such films fully circulate. And if a student happens to lose such an item then said student is fully obliged to reimburse the costs of the film. Problem solved--and it is a policy that seems very much to work for us. And greetings from ALA and New Orleans! Cheers! Anthony *** Anthony E. Anderson Social Studies and Arts Humanities Librarian Von KleinSmid Library University of Southern California Los Angeles, CA 90089-0182 (213) 740-1190 antho...@usc.edu Wind, regen, zon, of kou, Albert Cuyp ik hou van jou. * - Original Message - From: jwoo j...@cca.edu Date: Friday, June 24, 2011 12:33 pm Subject: Re: [Videonews] How do you know when you’ve become an artist? To: Video Library News videon...@lists.berkeley.edu I like this video a lot, but because the institutional price is $250, it's in the rare book section of my library and students never bother to page it for in-library viewing. If the library were able to purchase a home-use copy for $30, the video could be placed in the circulating section, and I'm sure many more students would enjoy and benefit from the production. IMHO, this is how filmmakers shoot themselves in the foot. Very few people are going to see their work if it's priced for effetes only. On Jun 23, 2011, at 1:54 PM, Working Title Info wrote: WORKING TITLE: Career, Identity and the American Artist WORKING TITLE offers insight and inspiration to students of all ages who aspire to follow the courageous path to professional careers in the arts. By offering a rare and honest glimpse into the daily lives of five diverse visual and performing artists, the film asks important questions, from the practical (how do you support yourself as a professional artist?), to the personal (how might this career choice affect your personal relationships and other life choices?) to the philosophical (how do you know you are an artist, and how do you make peace with that knowledge and come to embrace it as central to your identity?). This film is a must- have for arts educators, and it gave the undergraduate students at my university new-found confidence to nurture and celebrate their artistic aspirations. ~ Paula Birnbaum, Ph.D., Assistant Professor, Department of Art
Re: [Videolib] FW: New 108 spinner
The directions clearly state: Clicking for details will bring up any other important qualifying criteria or explanatory notes -- emphasis mine On Jun 23, 2011, at 11:46 AM, Jessica Rosner wrote: Again Michael my concern is that the spinner highlights at the front everything you can do but makes it a bit of work to find the restrictions. It all depends on who uses it and generally my cynicism is that people who are looking for a way out use something in a way they probably can't. I understand it has the best intentions, but I really wish the instruction was just to read the damn copyright law. I don't really get your claim that relying on the written law makes things more confusing. While some issues like the portion you can use for fair use are open to debate, most of it is reasonably clear. I also understand that rights holders often present an extreme view in which face to face and fair use barely exist. In the old days I would not be so concerned, but with massive illegal activities on campuses (most being done by professors and students but an increasing number being sanctioned by the administration and in some cases libraries) regarding copyrighted works I tend to think the worst. As you know I have had a couple of interesting situations regarding ALA in particular, the highlight of which where A. Having the previously open meeting closed because why would one want a rights holder to hear what was being discussed B. having a major figure in the field and head of major sanctioned preservation project tell a librarian at an ALA session NOT to try to contact a rights holder if they wanted to determine if a work was in fact rare and needed to be preserved because they would only cause trouble) I have become very, very cynical. I can't say enough how upset distributors and filmmakers are that the academic community which they believed where their friends have in many cases simply ripped them off without a thought. Worst of all I don't see things getting better but much, much worse as institutions under budget crunches and teachers under the belief that anything they want to use should be available for little or no cost continue to drive independent companies filmmakers out of business while claiming they are just want to make material easily available. I get this is must be the thousandth time I have said this and on a scale of 1-10 my issues with the spinner are small, but I do see them as part of an increasing divide between the library community and people trying to get paid fairly for works they made and spent a lot of money doing it. On Thu, Jun 23, 2011 at 2:04 PM, Brewer, Michael brew...@u.library.arizona.edu wrote: Jessica, But if you rely on the law as written, it is much more confusing than any of this. Figuring out any of the criteria you mention in the law takes real work and concentration, not just a click or two, and even with that time a concentration, it is easy to get things mixed up (as we've seen on this listserv). If people follow the workflow for the tool, they will get all the information on the spinner. Everything pertinent is included, so even if they didn't click more criteria, they will still get it. If they go to the law, there is absolutely no guarantee that they will get the information they need. As such, I don't see what the down side is. Is the goal to obscure the law and hope no one uses it, or is it to educate and ensure people understand it and take advantage of it correctly? Were people to become better educated through the use of tools like this, there would be fewer misuses of the law (in my mind, though I tend to feel being better educated is always a good thing). mb On Jun 23, 2011, at 10:44 AM, Jessica Rosner wrote: The problem Michael is that the Spinner tends to highlight the most generous provisions of copyright without getting to the details until you click a few times. As noted this provision does not apply to AV materials which is what we generally discuss here. Likewise the provision on the digital copies not leaving the premise is further down. I get that the ALA wants to highlight the easy stuff, but I remain very cynical that the academics and some librarians who use this will actually read the restrictions and just jump at the hey I can make a copy part. I also remain concerned in terms of AV material that the material must be a legal copy is not mentioned in most cases. One would like to assume that everyone instinctively knows this, but too many videos/dvds have been out there illegally for me to be in any way trusting particularly when the major film studies association and the head of a major library preservation project assert that anything ever taped off television is a legal copy even if it was 20 years ago and you got it from professor Smith. On Wed, Jun 22, 2011 at 5:37 PM, Brewer,
Re: [Videolib] UCLA Case
I like that notion that if we do pay for PPR, then we can stream. Justifies the tiered institutional rates as well as more limited rights for home-use videos On May 26, 2011, at 9:25 AM, Jessica Rosner wrote: No they streamed thousands of films without PPR even in at least one case where they had literally signed a contract not to, in theory this was the perfect case because UCLA admitted to streaming the thousands of films, unfortunately it appears the judge looked only narrowly at the Ambrose titles. The studios and their reps have basically done nothing though I suspect as they realize how much more widespread this is, they may wake up. For the record not only did UCLA stream titles they had no right to , they also used crappy copies in many cases. They could not even be bothered to by a recent DVD so they streamed 20 plus year old videos. I am sure they looked like utter crap but given the rest of their attitude I doubt they cared. Despite the image you get in the media of things like this , it was small educational companies fighting a much better financed university. If and when the big rights holders get involved I am sure things will be different. On Thu, May 26, 2011 at 12:09 PM, Susan Albrecht albre...@wabash.edu wrote: 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
Re: [Videolib] Licensing issue - First Notice
Gary, Thanks for speaking on behalf of us librarians. I wish there were a way to educate filmmakers and film distributors about not only the legalities, but also the realities, of pricing for the library market. It's simple accounting: libraries can make more films accessible to their patrons if the cost of the videos is low. If the cost is high, our budgets will accommodate far fewer purchases. So if a video is expensive, it better be a stand out. It's also a matter of what the market will bear. If libraries continue to pay $250 for a dvd instead of $29, why wouldn't sellers ask us for the higher price? And, yes, I've heard the song about filmmakers and distributors having to make a living, but don't we all? Libraries shouldn't be responsible for subsidizing vendors; making resources available to our patrons is what we're about. Regards, Janice Woo On May 5, 2011, at 11:57 AM, ghand...@library.berkeley.edu wrote: Roy...you've pissed off a big community of video librarians and others by sending this out, I'm afraid to say. Wish you had done a bit of investigation and thinking before hitting the send key. Most everyone in this business is very aware of the need to secure performance rights for screening outside of individual use and classrooms (which are covered by the face-to-face teaching exemption of the copyright law) If, in fact, you want to engage in the practice of charging institutions higher prices across the board, you really can't sell in the home video market--as I said in my earlier note. (Or, if you want to charge both home and institutional prices, you need to do it via your web site, not amazon and other mass marketers) gary handman Thank you for your reply. Of course that is fine if not being used for public performance. It's often the case that campuses use this film for community events. But if only lending out for personal use or classroom instruction, of course that's no problem. Roy Germano On May 5, 2011, at 2:47 PM, ghand...@library.berkeley.edu wrote: Dear Film Distributor The title in question was bought from a valid home video distribution source and is perfectly legal under both contract and copyright law. Since we do not require public performance rights in our institution, we make it a point to buy home video versions of video whenever they are available. If, in fact, you wish to charge differentially higher prices for institutional use than for home video use, you simply cannot, at the same time, offer home video versions of your works. Since there are no contract or licensing stipulations for home video sale via vendors such as amazon (other than the usual restrictions against copying and other practices restricted by Title 117/US copyright Law), we feel the purchase we made were legal and in good faith. I think that if you do some investigation, you will find that the above contentions are supported by almost universal practice among independent film and video distributors. Please do not hesitate to contact me if you have questions. Gary Handman Director Media Resources Center Dear Librarian, I am writing on behalf of Roy Germano Films LLC, the copyright holder of a film you carry in your library called THE OTHER SIDE OF IMMIGRATION. According to our records, the DVD copy of THE OTHER SIDE OF IMMIGRATION that you have on your shelves is *licensed for home use only* (retail price: $20). To carry this film in your library, you must purchase a DVD that has been *licensed for use in college/university libraries* (retail price: $250). DVDs licensed for college/university use are sold exclusively on our website -- http://www.TheOtherSideOfImmigration.com http://t.ymlp175.net/umwafahwwavawueaoajwej/click.php On our website, you will notice a link on the upper-righthand side of the website to purchase DVDs Licensed for Colleges/Universities http://t.ymlp175.net/umqazahwwavawueatajwej/click.php. Please click that link to enter our secure online store and make your purchase. We hope you will attend to this matter as soon as possible. Please feel free to contact me at this address if you have any questions, believe our records are incorrect, or would like to arrange to make your purchase with our distributor by phone or email. Sincerely, Roy Germano, Ph.D. Founder/CEO, Roy Germano Films LLC *Follow the film on TWITTER http://t.ymlp175.net/umyarahwwalawueapajwej/click.php FACEBOOK http://t.ymlp175.net/ujsatahwwagawuealajwej/click.php* *check out* www.TheOtherSIdeOfImmigration.com http://t.ymlp175.net/umwafahwwavawueaoajwej/click.php Unsubscribe / Change Profile http://ymlp175.net/u.php?id=gewumjbgsgjwejgqs Powered by YMLP http://ymlp175.net/m/ -- --- Steven Black Head,
[Videolib] who needs the rights?
Here's a scenario that I don't think we've run across before: The library purchased a VHS video art tape from Electronic Arts Intermix with the usual limited PPR. A student wants to exhibit the piece continuously as part of her MFA thesis show, and because an exhibition copy with rights costs $900, the student is negotiating with EAI for a lower price and permission to make a DVD copy of the library's VHS tape. Question: Who needs the permission to make a copy? The student or the library? Does it make a difference if the copy is made in-house or outsourced? The student is under the assumption that she can check out the $300 tape from the library and bring it to a video transfer shop. If permission to copy was not granted to the library, would the library be infringing for allowing the student to copy its copy? Thanks, Janice Woo, Director of Libraries California College of the Arts 5212 Broadway Oakland CA 94618 510.594.3660 || libraries.cca.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] ARL report: Fair Use Challenges in Academic and Research Libraries now available
Note this excerpt on p.9 (by interviewees they mean librarians; emphasis is mine) Interviewees often displayed an intriguingly anomalous bias in favor of vendors of specialty video material, including documentaries and films made specifically for the educational sector. While interviewees were generally respectful of vendors to the educational sector, specialty video distributors were sometimes given a special place and positioned as surrogates for the independent filmmakers whose films they make available. Those interviewees who displayed this attitude described applying fair use charily to this material, suddenly emphasizing the fourth factor— effect on the market— as the most important. They repeated with some conviction the vendors’ arguments that if libraries take advantage of fair use rather than pay distributors for each new use or format, specialty filmmakers (and by extension their specialty films) may cease to exist. By taking responsibility for the continued profitability of vendor business models, interviewees had, in effect, adopted vendors as one of the constituencies that they serve. On Dec 22, 2010, at 7:42 PM, Jeanette Mosey wrote: http://www.arl.org/news/pr/fairusereport_20dec10.shtml -- Jeanette Mosey retired librarian and lurker on Videolib VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors. VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors.
[Videolib] Indians of California video?
Anyone know where I could get a copy of this? Last distributor I could find was Peter Pan Industries, 1994, now out of business. Indians of California [videorecording] / a film by Arthur and Donald Barr ; produced by Barr Films (in the 1950s) Thanks, Janice Woo, Director of Libraries California College of the Arts 5212 Broadway Oakland CA 94618 510.594.3660 || j...@cca.edu || library.cca.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] USC video-indexing patent sold
From the Chronicle of Higher Ed March 26, 2010, 06:09 PM ET Video-Indexing Patents From Holocaust Archive Draw $7-Million Bid at Auction The video-indexing patents auctioned off online this week by the Shoah Foundation Institute for Visual History and Education drew a bid of $7-million. The institute, which developed the technology to search its archive of testimonies from Holocaust survivors and liberators, will use the proceeds (less a 15-percent fee to the auction company, Ocean Tomo) to continue its educational and research programs. Ocean Tomo policies forbid the institute, an arm of the University of Southern California, to disclose the identity of the successful bidder, but a university official said it was a party that would actually use the patented technology, not a company that buys up patents in order to simply sue alleged infringers. http://chronicle.com/blogPost/Video-Indexing-Patents-From/22102/?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] dvd-r
I've heard that duplication errors are pretty common occurrences with DVD-R, such that one disk from a batch will be fine, while the next one doesn't work. This has occurred even with professional D5 replication in a batch of 1,000, where a few of the disks just won't read. Unless no DVD-Rs will play in particular player, I'd say it's a problem with the disk and return it to the vendor for exchange. On Feb 19, 2010, at 12:26 PM, Rosen, Rhonda J. wrote: We often have problems viewing dvd-r titles. Does anyone else have this problem, and if so, what is the solution? We have players in the library as well as in all the classrooms and we get this problem too often….is it old dvd players vs new ones? Rhonda Rhonda Rosen| Head, Media Access Services William H. Hannon Library | Loyola Marymount University One LMU Drive, MS 8200 | Los Angeles, CA 90045-2659 rhonda.ro...@lmu.edu| 310/338-4584| http://library.lmu.edu VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors. VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors.
[Videolib] home use : the saga continues
So do you think it would be permissible under the 'license' wording below, to buy a home dvd and then only let it be checked out for use at home? Or because we don't need public exhibition rights for private in-library viewing or under TEACH, can a library disregard the need to purchase at the institutional price? ($25 vs. $100) Home DVDs are licensed for private home viewing only. Institutional DVDs include full in-house public exhibition rights. These are DVDs for schools, museums, etc. Home DVD orders placed for institutional usage are subject to cancellation.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.
