Re: [Videolib] fair use in CHE article

2011-08-23 Thread Gail Fedak
A library that offers duplication service for faculty can exercise some 
control over how much of the title they own is clipped and used for the 
stated purpose. They can also refuse to provide the service for titles 
brought in by the requestor if legality of the requestor's copy cannot 
be documented.

Gail

On 8/23/2011 12:53 PM, jwoo wrote:

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.



--

Gail B. Fedak

Director, Media Resources

Middle Tennessee State University

Murfreesboro, TN37132

Phone: 615-898-2899

Fax: 615-898-2530

Email: gfe...@mtsu.edu 

Web: www.mtsu.edu/~imr 

"Education is a progressive study of your own ignorance." -- Will Durant

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

2011-08-23 Thread Jessica Rosner
I don't see why not.

On Tue, Aug 23, 2011 at 1:53 PM, jwoo  wrote:

> 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.
>



-- 
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] fair use in CHE article

2011-08-23 Thread jwoo
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.


Re: [Videolib] fair use in CHE article

2011-08-23 Thread ghandman
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.


Re: [Videolib] fair use in CHE article

2011-08-22 Thread Jessica Rosner
FYI being in my usual snarky mood, I think that overall the article is bunch
of simple soft lobs that have little to do with the real copyright issues
being fought over by academic institutions and rights holders. I would like
Ms. Aufderheide to provide answers to the following

1. An Academic institution wants to digitize and stream entire feature works
so students assigned them in classes can watch them on their personal
computers wherever they are and are not inconvenienced by having to check
them out, watch them in class or in the library. Is this in fact "Fair Use'
Oh and as a bonus many of the titles are digitized from VHS even though they
are available on DVD also Fair Use?

2. Professor hands librarian a rare film he taped of TV 15 years ago that
has never been released and wants it shown in his class and then left on
reserve and of course transferred to DVD. Fair Use?

3. A university IT head, tells a library to take all material on VHS and
copy it to DVD as  those things are expensive and inconvenient.

4. Similar to #1. A university takes thousands of articles and large
sections (say entire chapters) of books and posts them on line on a password
protected system so students don't have to be bothered going to the library
for them.
Fair Use?

On Mon, Aug 22, 2011 at 9:58 PM, Jessica Rosner wrote:

> Unless it is a very long clip which might bring the portion issue into
> question it would be "Fair Use" under the recently approved LOC ruling that
> you can break encryption to use/copy something that would otherwise fall
> under "Fair Use"
>
>
> On Mon, Aug 22, 2011 at 9:47 PM, jwoo  wrote:
>
>> 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.
>>
>
>
>
> --
> Jessica Rosner
> Media Consultant
> 224-545-3897 (cell)
> 212-627-1785 (land line)
> jessicapros...@gmail.com
>
>


-- 
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] fair use in CHE article

2011-08-22 Thread Jessica Rosner
Unless it is a very long clip which might bring the portion issue into
question it would be "Fair Use" under the recently approved LOC ruling that
you can break encryption to use/copy something that would otherwise fall
under "Fair Use"

On Mon, Aug 22, 2011 at 9:47 PM, jwoo  wrote:

> 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.
>



-- 
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.


[Videolib] fair use in CHE article

2011-08-22 Thread jwoo
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.