Richard,
I will not *brook* any streaming of books!
Actually, a PDF file where you turn the pages would be sufficient and is a
similar technology. We all do it almost on a weekly basis going through the
Staples' flyer, or an online catalog or magazine. You can even write notes
on them.
Best
Jessica,
It isn’t illegal to digitize and post an entire book. It depends on the
circumstances, whether those fall under fair use, or fall under something like
Section 108(h) - which applies to works in their last 20 years of protection
that are not being commercially exploited or available
What in 108 has to do with streaming or posting online? It is about making
copies.
Seriously is there ANYTHING in 108 that refers to streaming or putting
material online ? The GSU case is the only one I know of that does and it
is pretty clear that only portions can be streamed. GSU admitted as
The argument goes something like: if the copy is transformative, that is,
transformed from original purpose for (non-profit) educational use and that the
entire work is required to meet the educational learning objectives, then it is
fair use.
But, I agree with you – seems like a stretch.
OK Michael you got me. If you find a film in the last 20 years of copyright
( which in now 95 years but starts in 1923 in most cases) and it is not in
print and the rights holder does not object you could stream it.
Exactly how does that cover Citizen Kane or or 99.9% of the films being
used in
It doesn’t. I was just clarifying that digitizing (and streaming) entire works
is not necessarily illegal. When those kinds of statements are made, I like to
remind people that the law does allow for this in certain circumstances.
Also, it does not matter if the rights holder objects unless
OK but that is very small exception which was added in the last few years.
It is perfectly legit but does tend to muddy the waters for the 99.99% of
material it does not cover.Kind of like saying the Cubs were once World
Series Champions true but not lately. I think the GSU case made clear that
Again, it is my understanding that this whole section deals with
preservation. It clearly states that its purpose is archival and making the
materials available for research inside the library. It usually concerns
outdated formats and allows the libraries to upgrade the format (digitize). But
In some cases even though someone would be within their rights to copy
something, the rights holder tries to sue. Film companies have sued people even
for the intent of fair use. The onus is put on the entity doing the copying.
I’m not really think 108 encompasses film.
The late Jack
It is not just preservation. It is also replacement and making available
materials to users. Reproduction, distribution and performance are what are
required for streaming (streaming requires reproduction and is a means of
performing a work). This portion of section 108 is focused on
Okay, I can quickly (and probably insufficiently) give a history of the
20-year clause, which I call the Schwartz Innovation. Eric Schwartz (a
friend of Jessica's as well as mine in fact) is an amazing copyright lawyer
who advises congress, the copyright office and works with the studios. It's
not
I hope the earth will not come of its axis since we agree
On Tue, Sep 30, 2014 at 12:56 PM, Brewer, Michael M - (brewerm)
brew...@email.arizona.edu wrote:
108 does encompass film, but only certain portions of it. 108(i)
details which portions of 108 apply to media, and which do not. The
Hello everyone,
I’ve recently submitted a proposal to Video Round Table for consideration at
the ALA annual. They accepted my proposal, with a caveat – I mentioned that
this would be a brief panel discussion and Q A and that I would find a few
‘co-presenters’. VRT would like some ‘names’ to
Jessica…your argument that it is “illegal to digitize and post an entire book
but legal to digitize and post an entire film” is not a strong one. First off,
there most certainly are situations where digitizing an entire book could be
considered a fair use. Secondly, when you are making this
Carla
We are not talking about simply digitizing a film, we are talking about
digitizing and STREAMING an entire film. There is a HUGE difference
There is literally nothing in copyright law save the 20 year orphan
provision that in anyway allows any type of streaming.Digitizing is allowed
in
Dear Videolibers is the Portland area,
CCUMC is offering a pre-conference workshop entitled CopyWrites: Crafting
Successful AV Copyright Policies for Your Institution. This 4 hour workshop
will focus on supporting the participants' ability to write internal policies
and procedures for
Hi Jessica,
Just out of curiosity, would the degree of your objection to streaming video
course reserves change based on the level of access the institution in question
provides? Most e-reserves program limit access to students with a
course-specific username and password, and some require
No it would not Andrew. I assume it is limited to students in classes.
Libraries have always had the right/ability to put these items on physical
reserve,but they could not for instance have dubbed extra copies to meet
demand which is basically what streaming does. The face to face exemption
which
Teach does apply to fiction films, but only in reasonable and limited portions
Sent from my iPhone
On Sep 30, 2014, at 11:30 AM, Jessica Rosner
maddux2...@gmail.commailto:maddux2...@gmail.com wrote:
Carla
We are not talking about simply digitizing a film, we are talking about
digitizing and
Well since that would already be covered under fair use ( yes I really
believe it in) there is nothing special in TEACH about it.
On Tue, Sep 30, 2014 at 3:08 PM, Brewer, Michael M - (brewerm)
brew...@email.arizona.edu wrote:
Teach does apply to fiction films, but only in reasonable and
Yes there is. A use is not truly fair (covered by 107) until it is litigated
and shown to be fair. TEACH provides more clarity. I am no fan of TEACH, but it
does provide those who are more risk averse with clear(er) guidelines related
to making content available online for educational uses.
mb
Hi again Jessica,
Without getting into what the GSU case specifically does or does not tell us
about streaming video course reserves, I interpret the broader philosophical
argument for this kind of service as boiling down to the contention that it is
more analogous to the “performance or
When you stream a film students are watching it in a dorm, at home on
vacation or in Starbucks it is NOT a physical place of instruction nor is
the instructor present,. Again face to face is very specific. The Best
practices you quote comes basically from to the TEACH ACT which again
Hi, Jessica
I am not aware of any statute in that law that explicitly states “go ahead and
stream films!” However I can think of no statue in the law that states “you
absolutely cannot stream films.”
Again, everything comes down to performing a thoughtful and thorough fair use
analysis in
sigh. There is a court ruling in which a school which put up works for
students and while it does not 100% rule out ever using an entire work it
says more than 10% would be the cut off point, it rejects 5 of the pieces
not merely for being more than 10% but for being the heart of a work yet
you
While I enjoy the back and forth on streaming fair use interpretation (and
by all means please continue), I would also be interested in shifting the
discussion somewhat to the future of educational media/independent film
distribution.
This is more of a pragmatic than legal interpretation issue.
OOPS that went way too early so start again
sigh. There is a court ruling in which a school which put up works for
students and while it does not 100% rule out ever using an entire work it
says more than 10% would be the cut off point, it rejects 5 of the pieces
not merely for being more than 10%
I have stayed out of this discussion (For good reason)…. But I will contribute
here to correct a misstatement:
On 9/30/14 2:15 PM,
videolib-requ...@lists.berkeley.edumailto:videolib-requ...@lists.berkeley.edu
videolib-requ...@lists.berkeley.edumailto:videolib-requ...@lists.berkeley.edu
deg,
That means we can have that class at Max's Tavern! ;-)
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!
IF it's routine!
Pour me a Johnny Walker Black, on ice.
-deg
On 9/30/14 3:49 PM, videolib-requ...@lists.berkeley.edu
videolib-requ...@lists.berkeley.edu wrote:
deg,
That means we can have that class at Max's Tavern! ;-)
VIDEOLIB is intended to encourage the broad and lively discussion of
Hi Scott,
It would be interesting to attempt a comprehensive survey of the people
responsible for classroom management at a set of institutions (the membership
of CCUMC, maybe?) about how long they think it will be before they no longer
support the use of physical media. I'd be happy to work
Deg a dorm room/ starbucks is not a physical place of instruction. you
want to update 110 go for it but that is not what it says. It is called
Face to Face not watch it online when you have time for a reason.
Just curious if the GSU appeals decision comes down and upholds and either
further
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