Re: [Videolib] offer of an FAQ and even a webinar
Would it not have been better to include rights holders, distributors and non university paid copyright lawyers in both the initial discussion and in any online webinars discussions etc? When only one side develops guidelines and frankly has direct access to the library community ( I love videolib but it only reaches a small fraction of librarians), rights holders get deeply concerned. Clearly the issue of most concern is the apparent claim that there are situations in which fair use would be used to stream complete works it would be a huge relief if you would clarify this issue very specifically. If we have indeed overreacted than we would be most happy to told we are dead wrong and the code do not in fact say that CITIZEN KANE or a documentary from California Newsreel, First Run etc. could be streamed in their entirety for a class. The reason there is so much distrust from rights holders is that we have in fact encountered a number of schools that are indeed streaming whole works routinely in classes so please, please clarify this issue and don't say it depends on the circumstances, give any examples of the above that you believe are covered by fair use/ On Sun, Feb 19, 2012 at 2:18 PM, Patricia Aufderheide pauf...@american.edu wrote: Thank you to all the correspondents! And we all really appreciate the good faith attempt to work from information. Here is Brandon's reply (and I'll post the FAQ as soon as possible): Jonathan, et al., Thanks for that intervention. I look forward to working on an FAQ that can be a start at what Gary kindly calls for, light not heat. I certainly didn't mean to create straw men, and I think it is actually quite helpful to be clear that the discussion here is not about fair use simpliciter, but about fair use *as the Code articulates it.* So let me rephrase that: There is concern that if librarians exercise their fair use rights *as librarians have articulated them in the Code of Best Practices in Fair Use for Academic and Research Libraries,* their highly-valued relationships with film producers and distributors will be put in jeopardy. What I would like to address is the concern that the vision of fair use articulated in the librarians' Code is inconsistent with this relationship, because I do not think it is. It's clear that people on this list can and do debate the proper scope of the fair use rights of libraries, and I'm sure that's a fruitful and interesting discussion. My concern, however, is much more pedestrian. I want to be sure that people with an interest in libraries' use of video understand what the libraries' Code really says on that subject. Maybe once we are clear on that, you can debate whether the Code's vision is appropriate. I am afraid, based on the pieces of this discussion that Pat has shared with me, that some of the very important stakeholders on this list have misunderstood the libraries' position in fundamental ways, which makes it impossible to determine the stakes for video producers and distributors, much less whether the librarians got it right. I hope by sharing how the Code approaches the core questions in my earlier email, we could help facilitate a more useful discussion of the Code and its merits or demerits on this list and elsewhere. I tried in my earlier email to distill those core questions, with help from Pat, but I see that we need to be very clear that what we're talking about here is the contents of the Code. So, while I appreciate Gary's suggestion that everyone's views on these questions are welcome, I plan to craft answers grounded in the Code principles. If there is anything you would change or add, please let us know. Here are the questions, again, rephrased per Jonathan's intervention: *Does this Code really say that librarians can stream audio and video for student use, without licensing it for that specific use? *Does fair use law as the Code applies it really let a librarian copy a VHS to a DVD? *Does the Code's language on exhibits let a librarian show a video publicly without getting public performance rights? *Don't librarians have to pay educational prices to use films/videos in a library context? What does the Code say on this subject? *What authority is the Code of Best Practices in Fair Use for Academic and Research Libraries grounded in? *How risky would it be for a librarian to actually use this Code? Best, Brandon On Fri, Feb 17, 2012 at 12:08 PM, ghand...@library.berkeley.edu wrote: Thanks, Pat. I think all of us on the list appreciate your efforts to continue the dialog on these important issues and to listen to the concerns being voiced about these guidelines. These concerns are based on the experiences and knowledge of working media librarians, many of us in the business for a great many years; I don't they're idle, naive, or misinformed. Most of us have assiduously built strong relationships with content providers over
Re: [Videolib] offer of an FAQ and even a webinar
Thank you to all the correspondents! And we all really appreciate the good faith attempt to work from information. Here is Brandon's reply (and I'll post the FAQ as soon as possible): Jonathan, et al., Thanks for that intervention. I look forward to working on an FAQ that can be a start at what Gary kindly calls for, light not heat. I certainly didn't mean to create straw men, and I think it is actually quite helpful to be clear that the discussion here is not about fair use simpliciter, but about fair use *as the Code articulates it.* So let me rephrase that: There is concern that if librarians exercise their fair use rights *as librarians have articulated them in the Code of Best Practices in Fair Use for Academic and Research Libraries,* their highly-valued relationships with film producers and distributors will be put in jeopardy. What I would like to address is the concern that the vision of fair use articulated in the librarians' Code is inconsistent with this relationship, because I do not think it is. It's clear that people on this list can and do debate the proper scope of the fair use rights of libraries, and I'm sure that's a fruitful and interesting discussion. My concern, however, is much more pedestrian. I want to be sure that people with an interest in libraries' use of video understand what the libraries' Code really says on that subject. Maybe once we are clear on that, you can debate whether the Code's vision is appropriate. I am afraid, based on the pieces of this discussion that Pat has shared with me, that some of the very important stakeholders on this list have misunderstood the libraries' position in fundamental ways, which makes it impossible to determine the stakes for video producers and distributors, much less whether the librarians got it right. I hope by sharing how the Code approaches the core questions in my earlier email, we could help facilitate a more useful discussion of the Code and its merits or demerits on this list and elsewhere. I tried in my earlier email to distill those core questions, with help from Pat, but I see that we need to be very clear that what we're talking about here is the contents of the Code. So, while I appreciate Gary's suggestion that everyone's views on these questions are welcome, I plan to craft answers grounded in the Code principles. If there is anything you would change or add, please let us know. Here are the questions, again, rephrased per Jonathan's intervention: *Does this Code really say that librarians can stream audio and video for student use, without licensing it for that specific use? *Does fair use law as the Code applies it really let a librarian copy a VHS to a DVD? *Does the Code's language on exhibits let a librarian show a video publicly without getting public performance rights? *Don't librarians have to pay educational prices to use films/videos in a library context? What does the Code say on this subject? *What authority is the Code of Best Practices in Fair Use for Academic and Research Libraries grounded in? *How risky would it be for a librarian to actually use this Code? Best, Brandon On Fri, Feb 17, 2012 at 12:08 PM, ghand...@library.berkeley.edu wrote: Thanks, Pat. I think all of us on the list appreciate your efforts to continue the dialog on these important issues and to listen to the concerns being voiced about these guidelines. These concerns are based on the experiences and knowledge of working media librarians, many of us in the business for a great many years; I don't they're idle, naive, or misinformed. Most of us have assiduously built strong relationships with content providers over time--independent producers and distributors in particular. We have a strong stake in the continuing commercial livelihood and vitality of these concerns; we heavily rely upon them in our efforts to build strong and diverse collections. Any best practice guidance regarding fair use and copyright must take these long-standing, symbiotic relationships into careful consideration, and absolutely must incorporate the viewpoints of both access providers and those who have a creative and financial stake in the production and distribution of the materials in question. Best practices which are not linked to working realities are really not productive at all. I think that the questions you've pose for an FAQ are among the most pressing for those of us in the media trenches. I would hope that those of us on this list--both librarians and film producers and distributors--can be involved in developing the answers to them. Light rather than heat is definitely in order. Gary Handman Thanks to everyone who's invested in this issue, and I continue to hope that we can benefit from education on this issue. I've shared your concerns with the lawyers who shaped the Code of Best Practices in Fair Use for Academic and Research Libraries with me and ARL's Prue Adler, on the basis of meeting with
Re: [Videolib] offer of an FAQ and even a webinar
Thanks to everyone who's invested in this issue, and I continue to hope that we can benefit from education on this issue. I've shared your concerns with the lawyers who shaped the Code of Best Practices in Fair Use for Academic and Research Libraries with me and ARL's Prue Adler, on the basis of meeting with dozens of librarians and interviews with many more. The ARL's lawyer Brandon Butler, suggested what I think is a great idea and since he's not on the list, I'm posting it for him (he's bran...@arl.org): Brandon's message: We understand that there is concern both among librarians and vendors that a thriving relationship between them might be threatened if librarians exercise their fair use rights. We don't believe that is true, but we recognize that there is concern. We're hoping to deepen our resources, given the concerns on this list, and to prepare an FAQ that addresses your questions in a way that can add light not heat to the discussion. (We can also offer you a dedicated webinar, if you like.) Here are some questions we think could be addressed with such an FAQ, given the concerns on the list. Please tell us if these are not concerns, or if the questions could be sharpened. And can you let me know any others? *Does this Code really say that librarians can stream audio and video for student use, without licensing it for that specific use? *Does fair use law really let a librarian copy a VHS to a DVD? *Does the Code's language on exhibits let a librarian show a video publicly without getting public performance rights? *Don't librarians have to pay educational prices to use films/videos in a library context? *What authority is the Code of Best Practices in Fair Use for Academic and Research Libraries grounded in? *How risky would it be for a librarian to actually use this Code? On Thu, Feb 16, 2012 at 9:13 AM, Patricia Aufderheide pauf...@american.edu wrote: I strongly encourage people to attend this or other webinars being hosted around the country by ARL on the Code ( http://www.arl.org/pp/ppcopyright/codefairuse/code-calendar.shtml ). The echo chamber effect on this listserv of panic is really not healthy for anyone. The fear, panic and alarm can be alleviated tremendously by actually reading the code (among other places, at arl.org/fairuse), and if you for any reason believe that the Code does not meet the standards of the law, I encourage you to consult one of the briefings on the ARL's fair use site, or delve deeper into the legal and scholarly lit (we did) at this site: ( http://www.arl.org/pp/ppcopyright/codefairuse/further-info.shtml). But please do not scare yourselves into believing that the Code impairs the relationship between creativity and connection. It's unnecessary and harmful, to you among others. Librarians using the Code will continue to need, want and even love and pay for the work of filmmakers producing work for their patrons, while they also judiciously and appropriately employ their fair use rights (just as documentarians, journalists, scholars and other creators of work that librarians preserve and make available do). Do take the opportunity to educate yourselves; it will go far to reduce anxiety. On Mon, Feb 6, 2012 at 7:20 PM, Deg Farrelly deg.farre...@asu.edu wrote: FYI Virtual seminar sponsored by NACUA, the National Association of College and University Attorneys in conjunction with The Association of Research Libraries and the American Council on Education. The date of the seminar is Thursday, February 23, 2012 The online portion of the program is scheduled to start at 10:00 am and will run until 12 noon. More info here: http://www.nacua.org/meetings/virtualseminars/february2012/home.html -deg -- deg farrelly Arizona State University P.O. Box 871006 Tempe, AZ 85287 Phone: 480.965.1403 Email: deg.farre...@asu.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. -- Pat Aufderheide, University Professor and Director Center for Social Media, School of Communication American University 3201 New Mexico Av. NW, #330 Washington, DC 20016-8080 www.centerforsocialmedia.org pauf...@american.edu 202-643-5356 Order Reclaiming Fair Use: How to Put Balance Back in Copyright, with Peter Jaszi. University of Chicago Press, 2011. Sample Reclaiming Fair Use! Early comments on Reclaiming Fair Use: The Supreme Court has told us that fair use is one of the traditional safeguards of the First Amendment. As this book makes abundantly clear, nobody has done better work making sure that safeguard is
Re: [Videolib] offer of an FAQ and even a webinar
With respect, already in the first sentence of Mr. Butler's portion of this email, he has tilted the pinball machine, and created a straw man the easier to knock down: there is NO concern by either librarians or vendors (filmmakers and distributors) about threatening our relationship if librarians exercise their fair use rights - this is preposterous. The concern is over the DEFINITION and parameters of what those rights are. To frame any question or discussion of the definition and parameters as a question of the basic concept (by a competent attorney trained in the proper use of words and language no less), whether intentional or not, will only create more confusion not less. I refer every one back to Larry Daressa's email to the list yesterday, better reasoned and argued than anything I am capable of. JM -Original Message- From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Patricia Aufderheide Sent: Friday, February 17, 2012 11:10 AM To: videolib@lists.berkeley.edu Cc: Brandon Butler; Peter Jaszi Subject: Re: [Videolib] offer of an FAQ and even a webinar Thanks to everyone who's invested in this issue, and I continue to hope that we can benefit from education on this issue. I've shared your concerns with the lawyers who shaped the Code of Best Practices in Fair Use for Academic and Research Libraries with me and ARL's Prue Adler, on the basis of meeting with dozens of librarians and interviews with many more. The ARL's lawyer Brandon Butler, suggested what I think is a great idea and since he's not on the list, I'm posting it for him (he's bran...@arl.org): Brandon's message: We understand that there is concern both among librarians and vendors that a thriving relationship between them might be threatened if librarians exercise their fair use rights. We don't believe that is true, but we recognize that there is concern. We're hoping to deepen our resources, given the concerns on this list, and to prepare an FAQ that addresses your questions in a way that can add light not heat to the discussion. (We can also offer you a dedicated webinar, if you like.) Here are some questions we think could be addressed with such an FAQ, given the concerns on the list. Please tell us if these are not concerns, or if the questions could be sharpened. And can you let me know any others? *Does this Code really say that librarians can stream audio and video for student use, without licensing it for that specific use? *Does fair use law really let a librarian copy a VHS to a DVD? *Does the Code's language on exhibits let a librarian show a video publicly without getting public performance rights? *Don't librarians have to pay educational prices to use films/videos in a library context? *What authority is the Code of Best Practices in Fair Use for Academic and Research Libraries grounded in? *How risky would it be for a librarian to actually use this Code? On Thu, Feb 16, 2012 at 9:13 AM, Patricia Aufderheide pauf...@american.edu wrote: I strongly encourage people to attend this or other webinars being hosted around the country by ARL on the Code ( http://www.arl.org/pp/ppcopyright/codefairuse/code-calendar.shtml ). The echo chamber effect on this listserv of panic is really not healthy for anyone. The fear, panic and alarm can be alleviated tremendously by actually reading the code (among other places, at arl.org/fairuse), and if you for any reason believe that the Code does not meet the standards of the law, I encourage you to consult one of the briefings on the ARL's fair use site, or delve deeper into the legal and scholarly lit (we did) at this site: ( http://www.arl.org/pp/ppcopyright/codefairuse/further-info.shtml). But please do not scare yourselves into believing that the Code impairs the relationship between creativity and connection. It's unnecessary and harmful, to you among others. Librarians using the Code will continue to need, want and even love and pay for the work of filmmakers producing work for their patrons, while they also judiciously and appropriately employ their fair use rights (just as documentarians, journalists, scholars and other creators of work that librarians preserve and make available do). Do take the opportunity to educate yourselves; it will go far to reduce anxiety. On Mon, Feb 6, 2012 at 7:20 PM, Deg Farrelly deg.farre...@asu.edu wrote: FYI Virtual seminar sponsored by NACUA, the National Association of College and University Attorneys in conjunction with The Association of Research Libraries and the American Council on Education. The date of the seminar is Thursday, February 23, 2012 The online portion of the program is scheduled to start at 10:00 am and will run until 12 noon. More info here: http://www.nacua.org/meetings/virtualseminars/february2012/home.html -deg -- deg farrelly Arizona State University P.O. Box 871006 Tempe, AZ 85287 Phone:
Re: [Videolib] offer of an FAQ and even a webinar
Thanks, Pat. I think all of us on the list appreciate your efforts to continue the dialog on these important issues and to listen to the concerns being voiced about these guidelines. These concerns are based on the experiences and knowledge of working media librarians, many of us in the business for a great many years; I don't they're idle, naive, or misinformed. Most of us have assiduously built strong relationships with content providers over time--independent producers and distributors in particular. We have a strong stake in the continuing commercial livelihood and vitality of these concerns; we heavily rely upon them in our efforts to build strong and diverse collections. Any best practice guidance regarding fair use and copyright must take these long-standing, symbiotic relationships into careful consideration, and absolutely must incorporate the viewpoints of both access providers and those who have a creative and financial stake in the production and distribution of the materials in question. Best practices which are not linked to working realities are really not productive at all. I think that the questions you've pose for an FAQ are among the most pressing for those of us in the media trenches. I would hope that those of us on this list--both librarians and film producers and distributors--can be involved in developing the answers to them. Light rather than heat is definitely in order. Gary Handman Thanks to everyone who's invested in this issue, and I continue to hope that we can benefit from education on this issue. I've shared your concerns with the lawyers who shaped the Code of Best Practices in Fair Use for Academic and Research Libraries with me and ARL's Prue Adler, on the basis of meeting with dozens of librarians and interviews with many more. The ARL's lawyer Brandon Butler, suggested what I think is a great idea and since he's not on the list, I'm posting it for him (he's bran...@arl.org): Brandon's message: We understand that there is concern both among librarians and vendors that a thriving relationship between them might be threatened if librarians exercise their fair use rights. We don't believe that is true, but we recognize that there is concern. We're hoping to deepen our resources, given the concerns on this list, and to prepare an FAQ that addresses your questions in a way that can add light not heat to the discussion. (We can also offer you a dedicated webinar, if you like.) Here are some questions we think could be addressed with such an FAQ, given the concerns on the list. Please tell us if these are not concerns, or if the questions could be sharpened. And can you let me know any others? *Does this Code really say that librarians can stream audio and video for student use, without licensing it for that specific use? *Does fair use law really let a librarian copy a VHS to a DVD? *Does the Code's language on exhibits let a librarian show a video publicly without getting public performance rights? *Don't librarians have to pay educational prices to use films/videos in a library context? *What authority is the Code of Best Practices in Fair Use for Academic and Research Libraries grounded in? *How risky would it be for a librarian to actually use this Code? On Thu, Feb 16, 2012 at 9:13 AM, Patricia Aufderheide pauf...@american.edu wrote: I strongly encourage people to attend this or other webinars being hosted around the country by ARL on the Code ( http://www.arl.org/pp/ppcopyright/codefairuse/code-calendar.shtml ). The echo chamber effect on this listserv of panic is really not healthy for anyone. The fear, panic and alarm can be alleviated tremendously by actually reading the code (among other places, at arl.org/fairuse), and if you for any reason believe that the Code does not meet the standards of the law, I encourage you to consult one of the briefings on the ARL's fair use site, or delve deeper into the legal and scholarly lit (we did) at this site: ( http://www.arl.org/pp/ppcopyright/codefairuse/further-info.shtml). But please do not scare yourselves into believing that the Code impairs the relationship between creativity and connection. It's unnecessary and harmful, to you among others. Librarians using the Code will continue to need, want and even love and pay for the work of filmmakers producing work for their patrons, while they also judiciously and appropriately employ their fair use rights (just as documentarians, journalists, scholars and other creators of work that librarians preserve and make available do). Do take the opportunity to educate yourselves; it will go far to reduce anxiety. On Mon, Feb 6, 2012 at 7:20 PM, Deg Farrelly deg.farre...@asu.edu wrote: FYI Virtual seminar sponsored by NACUA, the National Association of College and University Attorneys in conjunction with The Association of Research Libraries and the American Council on Education. The date of the seminar
