Re: [Videolib] Amazon Prime
Thanks Cathy. Great to have a scholarly work specifically on the topic instead of us speculating. Hopefully I'm not violating any copyrights by copying an excerpt but if you don't want to read all 22 pages the conclusion is (Page 235): In the case of a streaming Netflix video, the copy is made in the classroom by the educator as the Netflix account holder in the context of public utilization of the streaming account for the benefit of students and the institutioin. Since any copy, even an ephemeral one, made other than for "personal use" is outside the grant of rights under the Terms of Use. The user may be violating both copyright and applicable contract law by creating the classroom copy, which would therefore not be "lawfully made." As the classroom exception in 110(a) requires the use of a lawfully made copy, the exception would be inapplicable, and absent another exception or defense, the instructor would be violating the Copyright Act by showing the Netflix-streamed video in class. Bob > > > From: Cathy Michael <cmich...@ithaca.edu> > Date: October 20, 2016 12:13:24 PM CDT > To: videolib@lists.berkeley.edu > Subject: Re: [Videolib] Amazon Prime > Reply-To: videolib@lists.berkeley.edu > > > Hello, again. The question came up recently for me and I shared this article > with my faculty: https://works.bepress.com/jonathan_ezor/12/ Best, Cathy > > Catherine H. Michael > Communications & Legal Studies Librarian > Ithaca College Library > 953 Danby Road, Ithaca, NY 14850 > Phone | 607-274-1293 > More About Me | Anonymous Feedback: Have I helped you today? > 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] Amazon Prime
Thanks for sharing, Cathy! This is a very thorough analysis, and the author's conclusion (that "teachers should be wary of using their own personal accounts, particularly those with restrictions such as those placed by Netflix on its users, to show movies and other video content") is well worth considering. I do want to point out, though, that the language in Amazon Video's "License to Digital Content" that this thread started out discussing is different from the language in Netflix's license c. 2013, which this article is largely based on. Specifically, Amazon Video permits a "private viewing *for you and your invitees*" (my emphasis), whereas Netflix permits "personal" use only. I hope that someone will report back from National Media Market and let us all know what Eric Schwartz and Jonathan Band had to say about this subject! Andy On Thu, Oct 20, 2016 at 1:13 PM, Cathy Michael <cmich...@ithaca.edu> wrote: > Hello, again. The question came up recently for me and I shared this > article with my faculty: https://works.bepress.com/jonathan_ezor/12/ > Best, Cathy > > Catherine H. Michael > Communications & Legal Studies Librarian > Ithaca College Library > 953 Danby Road, Ithaca, NY 14850 > Phone | 607-274-1293 > More About Me > <https://library.ithaca.edu/services/staff_details.php?name=cmichael> | > Anonymous Feedback: *Have I helped you today?* > <https://ithaca.qualtrics.com/SE/?SID=SV_a4zGXGnJDAaA2BT> > > > On Wed, Oct 19, 2016 at 12:40 PM, Sarah E. McCleskey < > sarah.e.mccles...@hofstra.edu> wrote: > >> Hi all, >> >> >> >> I have asked both copyright experts who are speaking at National Media >> Market to address this particular issue. It raises so many interesting >> points: contract law, EULAs, Section 110(1), collecting physical content >> for the future, acquiring content for now … Eric Schwartz (Sunday evening) >> and Jonathan Band (Monday morning) have both agreed to give us their >> perspectives. >> >> >> >> Sarah McCleskey >> >> Board Chair >> >> National Media Market – a 501a nonprofit organization >> >> >> >> >> >> >> >> *From:* videolib-boun...@lists.berkeley.edu [mailto: >> videolib-boun...@lists.berkeley.edu] *On Behalf Of *Katie Aldrich >> *Sent:* Wednesday, October 19, 2016 12:14 PM >> *To:* videolib@lists.berkeley.edu >> *Subject:* Re: [Videolib] Amazon Prime >> >> >> >> This discussion is very interesting. I work with acquisitions, >> licensing, & copyright in an academic library, and I have always >> interpreted "personal" as being a family/friends/individual situation. I >> think fairness dictates that any organization or company activity - even if >> limited in number of attendees - would no longer qualify as personal. I >> believe that is why the copyright exemption for classroom use exists. >> There would be no need for it otherwise. >> >> It's been my understanding as well that license always trumps copyright, >> because you are agreeing to something contractual in nature. >> >> I appreciate the discussions that happen on this listserv. It's great to >> have an opportunity for professionals of different fields to collaborate on >> these issues and to share their experience, insights, and expertise. >> >> Katie Aldrich >> >> >> >> >> >> From:Bob Norris <b...@filmideas.com> >> To:videolib@lists.berkeley.edu >> Date:10/17/2016 08:15 AM >> Subject:Re: [Videolib] Amazon Prime >> Sent by:videolib-boun...@lists.berkeley.edu >> -- >> >> >> >> >> Well, using the I'm not a lawyer just thinking logically approach, a >> professor and the students seems more similar to a public performance than >> a private viewing. Profs may have an affinity for their students but the >> students are not the prof's friends. It is rare that a prof would invite >> students into their home or hotel room, hopefully. However, when you have a >> public performance it is often people with something in common that have an >> affinity for one another but are not friends. It is not "Personal," which >> is the only right Amazon is granting. >> >> My 2 cents, >> Bob >> >> On Oct 15, 2016, at 2:27 PM, videolib-requ...@lists.berkeley.edu wrote: >> >> >> 1. Re: Amazon Prime (Dennis Doros) >> >> *From: *Dennis Doros <milefi...@gmail.com> >> *Date: *October 14, 2016 6:18:04 PM CDT >> *To: *Video
Re: [Videolib] Amazon Prime
Hello, again. The question came up recently for me and I shared this article with my faculty: https://works.bepress.com/jonathan_ezor/12/ Best, Cathy Catherine H. Michael Communications & Legal Studies Librarian Ithaca College Library 953 Danby Road, Ithaca, NY 14850 Phone | 607-274-1293 More About Me <https://library.ithaca.edu/services/staff_details.php?name=cmichael> | Anonymous Feedback: *Have I helped you today?* <https://ithaca.qualtrics.com/SE/?SID=SV_a4zGXGnJDAaA2BT> On Wed, Oct 19, 2016 at 12:40 PM, Sarah E. McCleskey < sarah.e.mccles...@hofstra.edu> wrote: > Hi all, > > > > I have asked both copyright experts who are speaking at National Media > Market to address this particular issue. It raises so many interesting > points: contract law, EULAs, Section 110(1), collecting physical content > for the future, acquiring content for now … Eric Schwartz (Sunday evening) > and Jonathan Band (Monday morning) have both agreed to give us their > perspectives. > > > > Sarah McCleskey > > Board Chair > > National Media Market – a 501a nonprofit organization > > > > > > > > *From:* videolib-boun...@lists.berkeley.edu [mailto:videolib-bounces@ > lists.berkeley.edu] *On Behalf Of *Katie Aldrich > *Sent:* Wednesday, October 19, 2016 12:14 PM > *To:* videolib@lists.berkeley.edu > *Subject:* Re: [Videolib] Amazon Prime > > > > This discussion is very interesting. I work with acquisitions, licensing, > & copyright in an academic library, and I have always interpreted > "personal" as being a family/friends/individual situation. I think > fairness dictates that any organization or company activity - even if > limited in number of attendees - would no longer qualify as personal. I > believe that is why the copyright exemption for classroom use exists. > There would be no need for it otherwise. > > It's been my understanding as well that license always trumps copyright, > because you are agreeing to something contractual in nature. > > I appreciate the discussions that happen on this listserv. It's great to > have an opportunity for professionals of different fields to collaborate on > these issues and to share their experience, insights, and expertise. > > Katie Aldrich > > > > > > From:Bob Norris <b...@filmideas.com> > To:videolib@lists.berkeley.edu > Date:10/17/2016 08:15 AM > Subject:Re: [Videolib] Amazon Prime > Sent by:videolib-boun...@lists.berkeley.edu > -- > > > > > Well, using the I'm not a lawyer just thinking logically approach, a > professor and the students seems more similar to a public performance than > a private viewing. Profs may have an affinity for their students but the > students are not the prof's friends. It is rare that a prof would invite > students into their home or hotel room, hopefully. However, when you have a > public performance it is often people with something in common that have an > affinity for one another but are not friends. It is not "Personal," which > is the only right Amazon is granting. > > My 2 cents, > Bob > > On Oct 15, 2016, at 2:27 PM, videolib-requ...@lists.berkeley.edu wrote: > > > 1. Re: Amazon Prime (Dennis Doros) > > *From: *Dennis Doros <milefi...@gmail.com> > *Date: *October 14, 2016 6:18:04 PM CDT > *To: *Video Library questions <videolib@lists.berkeley.edu> > *Subject: Re: [Videolib] Amazon Prime* > *Reply-To: *videolib@lists.berkeley.edu > > > "which takes place in your private home or apartment or, if outside your > private home or apartment (e.g., in a hotel room, dorm room, office, or > airport waiting lounge) is limited to a private viewing for you and your > invitees." > > does make it seem like a classroom would not be permissible, but I agree > it's ambiguous. > > Best regards, > Dennis Doros > Milestone Film & VideoOn Fri, Oct 14, 2016 at 3:49 PM, Andrew Horbal < > ahor...@umd.edu> wrote: > Hi all, > " In my own personal (read: I am not a lawyer, so please do not construe > this as legal advice; if you want legal advice, please consult an > attorney!) opinion, a classroom setting whereby the only people present are > the professor and the students in the class is more similar to a "private > viewing for you and your invitees" (which is allowed by the license) than a > "public presentation" (which is not). > > I will be curious to see who agrees with this interpretation and who > disagrees, and why! > > Andy Horbal > Head of Learning Commons > 1101 McKeldin Library > 7649 Library Ln. > University of Maryland > College P
Re: [Videolib] Amazon Prime
Hi all, I have asked both copyright experts who are speaking at National Media Market to address this particular issue. It raises so many interesting points: contract law, EULAs, Section 110(1), collecting physical content for the future, acquiring content for now … Eric Schwartz (Sunday evening) and Jonathan Band (Monday morning) have both agreed to give us their perspectives. Sarah McCleskey Board Chair National Media Market – a 501a nonprofit organization From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Katie Aldrich Sent: Wednesday, October 19, 2016 12:14 PM To: videolib@lists.berkeley.edu Subject: Re: [Videolib] Amazon Prime This discussion is very interesting. I work with acquisitions, licensing, & copyright in an academic library, and I have always interpreted "personal" as being a family/friends/individual situation. I think fairness dictates that any organization or company activity - even if limited in number of attendees - would no longer qualify as personal. I believe that is why the copyright exemption for classroom use exists. There would be no need for it otherwise. It's been my understanding as well that license always trumps copyright, because you are agreeing to something contractual in nature. I appreciate the discussions that happen on this listserv. It's great to have an opportunity for professionals of different fields to collaborate on these issues and to share their experience, insights, and expertise. Katie Aldrich From:Bob Norris <b...@filmideas.com<mailto:b...@filmideas.com>> To:videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu> Date:10/17/2016 08:15 AM Subject: Re: [Videolib] Amazon Prime Sent by: videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu> Well, using the I'm not a lawyer just thinking logically approach, a professor and the students seems more similar to a public performance than a private viewing. Profs may have an affinity for their students but the students are not the prof's friends. It is rare that a prof would invite students into their home or hotel room, hopefully. However, when you have a public performance it is often people with something in common that have an affinity for one another but are not friends. It is not "Personal," which is the only right Amazon is granting. My 2 cents, Bob On Oct 15, 2016, at 2:27 PM, videolib-requ...@lists.berkeley.edu<mailto:videolib-requ...@lists.berkeley.edu> wrote: 1. Re: Amazon Prime (Dennis Doros) From: Dennis Doros <milefi...@gmail.com<mailto:milefi...@gmail.com>> Date: October 14, 2016 6:18:04 PM CDT To: Video Library questions <videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu>> Subject: Re: [Videolib] Amazon Prime Reply-To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu> "which takes place in your private home or apartment or, if outside your private home or apartment (e.g., in a hotel room, dorm room, office, or airport waiting lounge) is limited to a private viewing for you and your invitees." does make it seem like a classroom would not be permissible, but I agree it's ambiguous. Best regards, Dennis Doros Milestone Film & VideoOn Fri, Oct 14, 2016 at 3:49 PM, Andrew Horbal <ahor...@umd.edu<mailto:ahor...@umd.edu>> wrote: Hi all, " In my own personal (read: I am not a lawyer, so please do not construe this as legal advice; if you want legal advice, please consult an attorney!) opinion, a classroom setting whereby the only people present are the professor and the students in the class is more similar to a "private viewing for you and your invitees" (which is allowed by the license) than a "public presentation" (which is not). I will be curious to see who agrees with this interpretation and who disagrees, and why! Andy Horbal Head of Learning Commons 1101 McKeldin Library 7649 Library Ln. University of Maryland College Park, MD 20742 (301) 405-9227<tel:%28301%29%20405-9227> ahor...@umd.edu<mailto:ahor...@umd.edu> On Fri, Oct 14, 2016 at 3:27 PM, Jodie Borgerding <jborgerdin...@webster.edu<mailto:jborgerdin...@webster.edu>> wrote: I would be interested in hearing more about this. My initial reaction is that as long as it is in a classroom setting, fair use would still apply. However, I don’t feel confident in my fair use/copyright knowledge to make that call. ☺ Jodie Jodie Borgerding, MLS Instruction and Liaison Librarian Missouri Library Association President Webster University Library 470 E. Lockwood St. Louis, MO 63119 (314) 246-7819<tel:%28314%29%20246-7819> jborgerdin...@webster.edu<mailto:jborgerdin...@webster.edu> http://lib
Re: [Videolib] Amazon Prime
This discussion is very interesting. I work with acquisitions, licensing, & copyright in an academic library, and I have always interpreted "personal" as being a family/friends/individual situation. I think fairness dictates that any organization or company activity - even if limited in number of attendees - would no longer qualify as personal. I believe that is why the copyright exemption for classroom use exists. There would be no need for it otherwise. It's been my understanding as well that license always trumps copyright, because you are agreeing to something contractual in nature. I appreciate the discussions that happen on this listserv. It's great to have an opportunity for professionals of different fields to collaborate on these issues and to share their experience, insights, and expertise. Katie Aldrich From: Bob Norris <b...@filmideas.com> To: videolib@lists.berkeley.edu Date: 10/17/2016 08:15 AM Subject: Re: [Videolib] Amazon Prime Sent by:videolib-boun...@lists.berkeley.edu Well, using the I'm not a lawyer just thinking logically approach, a professor and the students seems more similar to a public performance than a private viewing. Profs may have an affinity for their students but the students are not the prof's friends. It is rare that a prof would invite students into their home or hotel room, hopefully. However, when you have a public performance it is often people with something in common that have an affinity for one another but are not friends. It is not "Personal," which is the only right Amazon is granting. My 2 cents, Bob On Oct 15, 2016, at 2:27 PM, videolib-requ...@lists.berkeley.edu wrote: 1. Re: Amazon Prime (Dennis Doros) From: Dennis Doros <milefi...@gmail.com> Date: October 14, 2016 6:18:04 PM CDT To: Video Library questions <videolib@lists.berkeley.edu> Subject: Re: [Videolib] Amazon Prime Reply-To: videolib@lists.berkeley.edu "which takes place in your private home or apartment or, if outside your private home or apartment (e.g., in a hotel room, dorm room, office, or airport waiting lounge) is limited to a private viewing for you and your invitees." does make it seem like a classroom would not be permissible, but I agree it's ambiguous. Best regards, Dennis Doros Milestone Film & VideoOn Fri, Oct 14, 2016 at 3:49 PM, Andrew Horbal < ahor...@umd.edu> wrote: Hi all, " In my own personal (read: I am not a lawyer, so please do not construe this as legal advice; if you want legal advice, please consult an attorney!) opinion, a classroom setting whereby the only people present are the professor and the students in the class is more similar to a " private viewing for you and your invitees" (which is allowed by the license) than a "public presentation" (which is not). I will be curious to see who agrees with this interpretation and who disagrees, and why! Andy Horbal Head of Learning Commons 1101 McKeldin Library 7649 Library Ln. University of Maryland College Park, MD 20742 (301) 405-9227 ahor...@umd.edu On Fri, Oct 14, 2016 at 3:27 PM, Jodie Borgerding < jborgerdin...@webster.edu> wrote: I would be interested in hearing more about this. My initial reaction is that as long as it is in a classroom setting, fair use would still apply. However, I don’t feel confident in my fair use/copyright knowledge to make that call. J Jodie Jodie Borgerding, MLS Instruction and Liaison Librarian Missouri Library Association President Webster University Library 470 E. Lockwood St. Louis, MO 63119 (314) 246-7819 jborgerdin...@webster.edu http://library.webster.edu http://molib.org From: videolib-boun...@lists.berkeley.edu [mailto: videolib-boun...@lists.berkeley.edu] On Behalf Of Karsten, Eileen Sent: Friday, October 14, 2016 9:44 AM To: Videolib (videolib@lists.berkeley.edu) <videolib@lists.berkeley.edu> Subject: [Videolib] Amazon Prime Dear CW, Has anyone an Amazon Prime Business Account? Have you used it to allow faculty to view Amazon Video? We have a faculty member who wants us to get an account so that he can view Transparent for a class. If it is applicable, he wants to show it to his students. On Amazon, everything related to an Amazon Prime Business account talks about free shipping and being able to share that with others in your business. It does not mention Amazon Video, Amazon Music, etc.Under Amazon Video, the following is stated: d. License to Digital Content. Subject to payment of any applicable fees to rent, purchase, or access Digital Content, and your compliance with all terms of this Agreement, Amazon grants you a personal, non-exclusive, non-transferable, non-sublicensable, license, during the applicable Viewing Period, to access, view, use and display the Digital Content in accordance with the Usage Rules, for
Re: [Videolib] Amazon Prime (+online-only media issue)
Thanks, CW, for your input on this issue. As Kevin Smith noted, when writing about the unfortunate AIME v UCLA case... "We routinely assume that “contracts trump copyright;” libraries are told that all the time regarding the databases they license, and they often pass the message on to users. It is generally correct. In one of the most cited cases on this point, ProCD v. Zeidenberg, Judge Easterbrook of the 6th Circuit held that a contract creates rights only between the specific parties and thus those rights are not “exclusive” and so not preempted. But the question remains somewhat unsettled, and UCLA is exploiting an apparent loophole in the general rule that we have mostly taken for granted." http://blogs.library.duke.edu/scholcomm/2011/02/08/contract-preemption-an-issue-to-watch/ While the particulars of that case are different than what we are talking about, it's good to keep Smith's post in mind: contracts [such as the license we agree to when we stream from Amazon] may not always trump copyright. Maybe 107 or 110 could work. Maybe not. It sounds like we need a test case. Volunteers? - John Message: 3 Date: Mon, 17 Oct 2016 15:24:55 -0400 From: Andrew Horbal <ahor...@umd.edu> Subject: Re: [Videolib] Amazon Prime To: videolib@lists.berkeley.edu Message-ID: <cag8x5tlyxqqxeptgnwzvwaaccrh1gkfxewe6hlktmwapany...@mail.gmail.com> Content-Type: text/plain; charset="utf-8" Hi Bob, I think this might bring us back to 110(1)! If it's not clear whether a classroom screening is "personal" or "public," perhaps it could be either depending on the circumstances? I strongly suspect that your professor who invites the entire campus to a screening isn't complying with the requirement in 110(1) that the screening must be "in the course of face-to-face teaching activities," which would mean that even if this license is written vaguely enough that such activity is allowable under the terms of the contract, it would still constitute a copyright violation. In summary: as numerous people have pointed out, if you sign a contract, you must comply with the terms of that contract. In this case, the question is whether or not the license we've been discussing excludes a behavior (screening the film to a class) that otherwise would be allowed under 110(1). There's enough ambiguity here that I personally would feel comfortable concluding that it doesn't. You have concluded otherwise, which is fine: I don't see any reason why we can't agree to disagree! License writers take heed: perhaps you should consider wording more exact than "personal uses only" when telling people what they are and are not permitted to do! Andy 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] Amazon Prime
Again I think it is more than a stretch to claim showing a film/program to what can be a large number of people is "personal" use or that students are "invitees" but like I said someone might bring this up to the speakers at NMM Jessica On Mon, Oct 17, 2016 at 3:24 PM, Andrew Horbal <ahor...@umd.edu> wrote: > Hi Bob, > > I think this might bring us back to 110(1)! If it's not clear whether a > classroom screening is "personal" or "public," perhaps it could be either > depending on the circumstances? I strongly suspect that your professor who > invites the entire campus to a screening isn't complying with the > requirement in 110(1) that the screening must be "in the course of > face-to-face teaching activities," which would mean that even if this > license is written vaguely enough that such activity is allowable under the > terms of the contract, it would still constitute a copyright violation. > > In summary: as numerous people have pointed out, if you sign a contract, > you must comply with the terms of that contract. In this case, the question > is whether or not the license we've been discussing excludes a behavior > (screening the film to a class) that otherwise would be allowed under > 110(1). There's enough ambiguity here that I personally would feel > comfortable concluding that it doesn't. You have concluded otherwise, which > is fine: I don't see any reason why we can't agree to disagree! > > License writers take heed: perhaps you should consider wording more exact > than "personal uses only" when telling people what they are and are not > permitted to do! > > Andy > > On Mon, Oct 17, 2016 at 2:36 PM, Bob Norris <b...@filmideas.com> wrote: > >> Andy, >> I agree the location does not matter. It could be in a classroom, office >> or a box with green eggs and ham. To me the issue is personal vs. public. >> Giving my age away, way back when it was simple. The personal or consumer >> home video license was for viewing in your dwelling by yourself and your >> invitees. That is the only place you could technically play back video. Now >> you can watch video anywhere so the personal use description has to be >> expanded to say for example an airport lounge. But that doesn't mean >> everyone in the lounge can watch it, only those personal to you. >> >> Clearly a personal rights license intends to restrict usage as you say. >> But the simple act of limiting usage does not make it personal. With your >> logic a professor could invite the whole campus to view a program. The >> general public would be excluded. But how is that personal? I believe Swank >> lawyers would come knocking if you tried that with their movies. You still >> have to look at the nature of the viewers and I maintain students are not >> personal as noted before. >> >> Regards, >> Bob >> >> On Oct 17, 2016, at 8:56 AM, videolib-requ...@lists.berkeley.edu wrote: >> >> >> >> *From: *Andrew Horbal <ahor...@umd.edu> >> *Date: *October 17, 2016 8:56:33 AM CDT >> *To: *videolib@lists.berkeley.edu >> *Subject: **Re: [Videolib] Amazon Prime* >> *Reply-To: *videolib@lists.berkeley.edu >> >> >> I think it's relevant that the license states that it's okay to screen >> the film in a location such as a "hotel room, dorm room, office, or >> airport waiting lounge" provided that the screening "is limited to a >> private viewing for you and your invitees" (note that the license says >> "invitees," not "friends'). It seems probable to me that the intent is >> simply to restrict the number of people who are able to see the film to the >> licensee and people chosen to see it by the licensee (as opposed to the >> general "public"), and that if this condition is met, the location of the >> screening isn't important. >> >> I don't think there's any question that according to this license, the >> professor could invite a group of students to their office to watch the >> film. Continuing along this path, I submit the following: >> >> 1. There's no functional difference between the professor inviting the >> students to their office to watch the film and inviting them to their >> regular classroom, provided only the invited students are able to see the >> film (i.e. the door is closed, and people who aren't in the class aren't >> admitted). >> 2. There's no logical reason why the screening described in (1) couldn't >> take place during the class's regularly-schedule meeting time. >> 3. Assuming the screenings described above in (1) and (2)
Re: [Videolib] Amazon Prime
Andy, I agree the location does not matter. It could be in a classroom, office or a box with green eggs and ham. To me the issue is personal vs. public. Giving my age away, way back when it was simple. The personal or consumer home video license was for viewing in your dwelling by yourself and your invitees. That is the only place you could technically play back video. Now you can watch video anywhere so the personal use description has to be expanded to say for example an airport lounge. But that doesn't mean everyone in the lounge can watch it, only those personal to you. Clearly a personal rights license intends to restrict usage as you say. But the simple act of limiting usage does not make it personal. With your logic a professor could invite the whole campus to view a program. The general public would be excluded. But how is that personal? I believe Swank lawyers would come knocking if you tried that with their movies. You still have to look at the nature of the viewers and I maintain students are not personal as noted before. Regards, Bob On Oct 17, 2016, at 8:56 AM, videolib-requ...@lists.berkeley.edu wrote: > > > From: Andrew Horbal <ahor...@umd.edu> > Date: October 17, 2016 8:56:33 AM CDT > To: videolib@lists.berkeley.edu > Subject: Re: [Videolib] Amazon Prime > Reply-To: videolib@lists.berkeley.edu > > > I think it's relevant that the license states that it's okay to screen the > film in a location such as a "hotel room, dorm room, office, or airport > waiting lounge" provided that the screening "is limited to a private viewing > for you and your invitees" (note that the license says "invitees," not > "friends'). It seems probable to me that the intent is simply to restrict the > number of people who are able to see the film to the licensee and people > chosen to see it by the licensee (as opposed to the general "public"), and > that if this condition is met, the location of the screening isn't important. > > I don't think there's any question that according to this license, the > professor could invite a group of students to their office to watch the film. > Continuing along this path, I submit the following: > > 1. There's no functional difference between the professor inviting the > students to their office to watch the film and inviting them to their regular > classroom, provided only the invited students are able to see the film (i.e. > the door is closed, and people who aren't in the class aren't admitted). > 2. There's no logical reason why the screening described in (1) couldn't take > place during the class's regularly-schedule meeting time. > 3. Assuming the screenings described above in (1) and (2) are allowable, it > would be silly to require the professor to jump through the hoop of actually > issuing "invitations" to their students, provided, again, that just the > students in the class are able to see the film. > > In all of these cases, the same number of people see the film is identical. > This is why it seems to me that a classroom screening is more similar to a > "private viewing for you and your invitees" than a "public presentation." > > Andy > > On Mon, Oct 17, 2016 at 9:10 AM, Bob Norris <b...@filmideas.com> wrote: > Well, using the I'm not a lawyer just thinking logically approach, a > professor and the students seems more similar to a public performance than a > private viewing. Profs may have an affinity for their students but the > students are not the prof's friends. It is rare that a prof would invite > students into their home or hotel room, hopefully. However, when you have a > public performance it is often people with something in common that have an > affinity for one another but are not friends. It is not "Personal," which is > the only right Amazon is granting. > > My 2 cents, > Bob > 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] Amazon Prime
Except as Dennis pointed out a contract trumps or supersedes 110 which is why you can't use Netflx etc in a classroom. I have mixed feelings, as someone who has worked with both librarians and filmmakers for decades as well as total film geek it is deeply troubling that there are increasing cases where no physical copy can be obtained or used or even in some cases a streaming copy, however I confess that a system that allows distributors and filmmakers control of their work has an appeal after watching so much questionable theories and practise of streaming and copying works without permission because it is for "educational use". In the bad old days it was both very expensive and very difficult to use films in mainly 16mm( though personally I LOVE real film) for classes, now it is easy to find a pirate link or stream an old VHS, I wish there was a middle ground but I have been seeing it evaporate in the last decade. So again while the Amazon. Netflix streaming only available to individuals is downright awful for archiving, libraries and educational use in general, I confess I find it not as appalling as I probably would have under other circumstances. For now it is mainly feature films, made for internet and other cable tv programming but I would not be surprised to see this model ( streaming only by contract with no physical copies) become more common in educational media. Jessica On Mon, Oct 17, 2016 at 9:55 AM, Laura Jenemann <ljene...@gmu.edu> wrote: > Hi Bob and all, > > > > Yes, exactly: the classroom is a public space, i.e, playing a film there > would be considered a public performance. > > > > Sec. 110(1) is the “but.” If all of the factors in Sec. 110(1) apply to > the public performance, you can exercise the exemption it allows. > > > > Relatedly, even when the scenario is a public performance, the > streaming-personal-license-only access model changes or may change how we > can hold a community dialogue that amazing film inspires. The rhetorical > question I ask myself is, Could I plan a community event around a > streaming-personal-license-only film and market it as a “dialogue about > this really important streaming film that we can’t show you because we > can’t buy the rights even if we wanted?” I’m joking somewhat, but there > are some awesome films and videos out there that I wish were more > accessible. > > > > Regards, > > Laura > > > > Laura Jenemann > > Media, Film Studies & Dance Librarian > > George Mason University Libraries > > Email: ljene...@gmu.edu > > Phone: 703-993-7593 > > > > *From:* videolib-boun...@lists.berkeley.edu [mailto:videolib-bounces@ > lists.berkeley.edu] *On Behalf Of *Bob Norris > *Sent:* Monday, October 17, 2016 9:10 AM > *To:* videolib@lists.berkeley.edu > > *Subject:* Re: [Videolib] Amazon Prime > > > > Well, using the I'm not a lawyer just thinking logically approach, a > professor and the students seems more similar to a public performance than > a private viewing. Profs may have an affinity for their students but the > students are not the prof's friends. It is rare that a prof would invite > students into their home or hotel room, hopefully. However, when you have a > public performance it is often people with something in common that have an > affinity for one another but are not friends. It is not "Personal," which > is the only right Amazon is granting. > > > > My 2 cents, > > Bob > > > > On Oct 15, 2016, at 2:27 PM, videolib-requ...@lists.berkeley.edu wrote: > > > > 1. Re: Amazon Prime (Dennis Doros) > > *From: *Dennis Doros <milefi...@gmail.com> > > *Date: *October 14, 2016 6:18:04 PM CDT > > *To: *Video Library questions <videolib@lists.berkeley.edu> > > *Subject: Re: [Videolib] Amazon Prime* > > *Reply-To: *videolib@lists.berkeley.edu > > > > "which takes place in your private home or apartment or, if outside your > private home or apartment (e.g., in a hotel room, dorm room, office, or > airport waiting lounge) is limited to a private viewing for you and your > invitees." > > > > does make it seem like a classroom would not be permissible, but I agree > it's ambiguous. > > > Best regards, > Dennis Doros > Milestone Film & VideoOn Fri, Oct 14, 2016 at 3:49 PM, Andrew Horbal < > ahor...@umd.edu> wrote: > > Hi all, > > " In my own personal (read: I am not a lawyer, so please do not construe > this as legal advice; if you want legal advice, please consult an > attorney!) opinion, a classroom setting whereby the only people present are > the professor and the students in the class is more similar to a "private > viewing for you and your in
Re: [Videolib] Amazon Prime
I think it's relevant that the license states that it's okay to screen the film in a location such as a "hotel room, dorm room, office, or airport waiting lounge" provided that the screening "is limited to a private viewing for you and your invitees" (note that the license says "invitees," not "friends'). It seems probable to me that the intent is simply to restrict the number of people who are able to see the film to the licensee and people chosen to see it by the licensee (as opposed to the general "public"), and that if this condition is met, the location of the screening isn't important. I don't think there's any question that according to this license, the professor could invite a group of students to their office to watch the film. Continuing along this path, I submit the following: 1. There's no functional difference between the professor inviting the students to their office to watch the film and inviting them to their regular classroom, provided only the invited students are able to see the film (i.e. the door is closed, and people who aren't in the class aren't admitted). 2. There's no logical reason why the screening described in (1) couldn't take place during the class's regularly-schedule meeting time. 3. Assuming the screenings described above in (1) and (2) are allowable, it would be silly to require the professor to jump through the hoop of actually issuing "invitations" to their students, provided, again, that just the students in the class are able to see the film. In all of these cases, the same number of people see the film is identical. This is why it seems to me that a classroom screening is more similar to a "private viewing for you and your invitees" than a "public presentation." Andy On Mon, Oct 17, 2016 at 9:10 AM, Bob Norris <b...@filmideas.com> wrote: > Well, using the I'm not a lawyer just thinking logically approach, a > professor and the students seems more similar to a public performance than > a private viewing. Profs may have an affinity for their students but the > students are not the prof's friends. It is rare that a prof would invite > students into their home or hotel room, hopefully. However, when you have a > public performance it is often people with something in common that have an > affinity for one another but are not friends. It is not "Personal," which > is the only right Amazon is granting. > > My 2 cents, > Bob > > On Oct 15, 2016, at 2:27 PM, videolib-requ...@lists.berkeley.edu wrote: > > > > 1. Re: Amazon Prime (Dennis Doros) > > *From: *Dennis Doros <milefi...@gmail.com> > *Date: *October 14, 2016 6:18:04 PM CDT > *To: *Video Library questions <videolib@lists.berkeley.edu> > *Subject: **Re: [Videolib] Amazon Prime* > *Reply-To: *videolib@lists.berkeley.edu > > > "which takes place in your private home or apartment or, if outside your > private home or apartment (e.g., in a hotel room, dorm room, office, or > airport waiting lounge) is limited to a private viewing for you and your > invitees." > > does make it seem like a classroom would not be permissible, but I agree > it's ambiguous. > > Best regards, > Dennis Doros > Milestone Film & VideoOn Fri, Oct 14, 2016 at 3:49 PM, Andrew Horbal < > ahor...@umd.edu> wrote: > >> Hi all, >>>>> " In my own personal (read: I am not a lawyer, so please do not >>>>> construe this as legal advice; if you want legal advice, please consult an >>>>> attorney!) opinion, a classroom setting whereby the only people present >>>>> are >>>>> the professor and the students in the class is more similar to a "private >>>>> viewing for you and your invitees" (which is allowed by the license) than >>>>> a >>>>> "public presentation" (which is not). >>>>> >>>>> I will be curious to see who agrees with this interpretation and who >>>>> disagrees, and why! >>>>> >>>>> Andy Horbal >>>>> Head of Learning Commons >>>>> 1101 McKeldin Library >>>>> 7649 Library Ln. >>>>> University of Maryland >>>>> College Park, MD 20742 >>>>> (301) 405-9227 >>>>> ahor...@umd.edu >>>>> >>>>> On Fri, Oct 14, 2016 at 3:27 PM, Jodie Borgerding <jborgerding80@ >>>>> webster.edu> wrote: >>>>> >>>>>> I would be interested in hearing more about this. My initial reaction >>>>>> is that as long as it is in a classroom setting, fair use would still >>>>>> apply. However,
Re: [Videolib] Amazon Prime
Hi Bob and all, Yes, exactly: the classroom is a public space, i.e, playing a film there would be considered a public performance. Sec. 110(1) is the "but." If all of the factors in Sec. 110(1) apply to the public performance, you can exercise the exemption it allows. Relatedly, even when the scenario is a public performance, the streaming-personal-license-only access model changes or may change how we can hold a community dialogue that amazing film inspires. The rhetorical question I ask myself is, Could I plan a community event around a streaming-personal-license-only film and market it as a "dialogue about this really important streaming film that we can't show you because we can't buy the rights even if we wanted?" I'm joking somewhat, but there are some awesome films and videos out there that I wish were more accessible. Regards, Laura Laura Jenemann Media, Film Studies & Dance Librarian George Mason University Libraries Email: ljene...@gmu.edu<mailto:ljene...@gmu.edu> Phone: 703-993-7593 From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Bob Norris Sent: Monday, October 17, 2016 9:10 AM To: videolib@lists.berkeley.edu Subject: Re: [Videolib] Amazon Prime Well, using the I'm not a lawyer just thinking logically approach, a professor and the students seems more similar to a public performance than a private viewing. Profs may have an affinity for their students but the students are not the prof's friends. It is rare that a prof would invite students into their home or hotel room, hopefully. However, when you have a public performance it is often people with something in common that have an affinity for one another but are not friends. It is not "Personal," which is the only right Amazon is granting. My 2 cents, Bob On Oct 15, 2016, at 2:27 PM, videolib-requ...@lists.berkeley.edu<mailto:videolib-requ...@lists.berkeley.edu> wrote: 1. Re: Amazon Prime (Dennis Doros) From: Dennis Doros <milefi...@gmail.com<mailto:milefi...@gmail.com>> Date: October 14, 2016 6:18:04 PM CDT To: Video Library questions <videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu>> Subject: Re: [Videolib] Amazon Prime Reply-To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu> "which takes place in your private home or apartment or, if outside your private home or apartment (e.g., in a hotel room, dorm room, office, or airport waiting lounge) is limited to a private viewing for you and your invitees." does make it seem like a classroom would not be permissible, but I agree it's ambiguous. Best regards, Dennis Doros Milestone Film & VideoOn Fri, Oct 14, 2016 at 3:49 PM, Andrew Horbal <ahor...@umd.edu<mailto:ahor...@umd.edu>> wrote: Hi all, " In my own personal (read: I am not a lawyer, so please do not construe this as legal advice; if you want legal advice, please consult an attorney!) opinion, a classroom setting whereby the only people present are the professor and the students in the class is more similar to a "private viewing for you and your invitees" (which is allowed by the license) than a "public presentation" (which is not). I will be curious to see who agrees with this interpretation and who disagrees, and why! Andy Horbal Head of Learning Commons 1101 McKeldin Library 7649 Library Ln. University of Maryland College Park, MD 20742 (301) 405-9227<tel:%28301%29%20405-9227> ahor...@umd.edu<mailto:ahor...@umd.edu> On Fri, Oct 14, 2016 at 3:27 PM, Jodie Borgerding <jborgerdin...@webster.edu<mailto:jborgerdin...@webster.edu>> wrote: I would be interested in hearing more about this. My initial reaction is that as long as it is in a classroom setting, fair use would still apply. However, I don't feel confident in my fair use/copyright knowledge to make that call. :) Jodie Jodie Borgerding, MLS Instruction and Liaison Librarian Missouri Library Association President Webster University Library 470 E. Lockwood St. Louis, MO 63119 (314) 246-7819<tel:%28314%29%20246-7819> jborgerdin...@webster.edu<mailto:jborgerdin...@webster.edu> http://library.webster.edu<http://library.webster.edu/> http://molib.org<http://molib.org/> From: videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu> [mailto:videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu>] On Behalf Of Karsten, Eileen Sent: Friday, October 14, 2016 9:44 AM To: Videolib (videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu>) <videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu>> Subject: [Videolib] Amazon Prime Dear CW, Has anyone an Amazon Prime Business Account? Have you used it to allow faculty to view Amazon Video? We hav
Re: [Videolib] Amazon Prime
Well, using the I'm not a lawyer just thinking logically approach, a professor and the students seems more similar to a public performance than a private viewing. Profs may have an affinity for their students but the students are not the prof's friends. It is rare that a prof would invite students into their home or hotel room, hopefully. However, when you have a public performance it is often people with something in common that have an affinity for one another but are not friends. It is not "Personal," which is the only right Amazon is granting. My 2 cents, Bob On Oct 15, 2016, at 2:27 PM, videolib-requ...@lists.berkeley.edu wrote: > > > 1. Re: Amazon Prime (Dennis Doros) > > From: Dennis Doros <milefi...@gmail.com> > Date: October 14, 2016 6:18:04 PM CDT > To: Video Library questions <videolib@lists.berkeley.edu> > Subject: Re: [Videolib] Amazon Prime > Reply-To: videolib@lists.berkeley.edu > > > "which takes place in your private home or apartment or, if outside your > private home or apartment (e.g., in a hotel room, dorm room, office, or > airport waiting lounge) is limited to a private viewing for you and your > invitees." > > does make it seem like a classroom would not be permissible, but I agree it's > ambiguous. > > Best regards, > Dennis Doros > Milestone Film & VideoOn Fri, Oct 14, 2016 at 3:49 PM, Andrew Horbal > <ahor...@umd.edu> wrote: > Hi all, > " In my own personal (read: I am not a lawyer, so please do not construe this > as legal advice; if you want legal advice, please consult an attorney!) > opinion, a classroom setting whereby the only people present are the > professor and the students in the class is more similar to a "private viewing > for you and your invitees" (which is allowed by the license) than a "public > presentation" (which is not). > > I will be curious to see who agrees with this interpretation and who > disagrees, and why! > > Andy Horbal > Head of Learning Commons > 1101 McKeldin Library > 7649 Library Ln. > University of Maryland > College Park, MD 20742 > (301) 405-9227 > ahor...@umd.edu > > On Fri, Oct 14, 2016 at 3:27 PM, Jodie Borgerding <jborgerdin...@webster.edu> > wrote: > I would be interested in hearing more about this. My initial reaction is that > as long as it is in a classroom setting, fair use would still apply. However, > I don’t feel confident in my fair use/copyright knowledge to make that call. J > > > > Jodie > > > > > > > > Jodie Borgerding, MLS > > Instruction and Liaison Librarian > > Missouri Library Association President > > Webster University Library > > 470 E. Lockwood > > St. Louis, MO 63119 > > (314) 246-7819 > > jborgerdin...@webster.edu > > http://library.webster.edu > > http://molib.org > > > > From: videolib-boun...@lists.berkeley.edu > [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Karsten, Eileen > Sent: Friday, October 14, 2016 9:44 AM > To: Videolib (videolib@lists.berkeley.edu) <videolib@lists.berkeley.edu> > Subject: [Videolib] Amazon Prime > > > > Dear CW, > > > > Has anyone an Amazon Prime Business Account? Have you used it to allow > faculty to view Amazon Video? We have a faculty member who wants us to get > an account so that he can view Transparent for a class. If it is applicable, > he wants to show it to his students. On Amazon, everything related to an > Amazon Prime Business account talks about free shipping and being able to > share that with others in your business. It does not mention Amazon Video, > Amazon Music, etc.Under Amazon Video, the following is stated: > > > > d. License to Digital Content. Subject to payment of any applicable fees to > rent, purchase, or access Digital Content, and your compliance with all terms > of this Agreement, Amazon grants you a personal, non-exclusive, > non-transferable, non-sublicensable, license, during the applicable Viewing > Period, to access, view, use and display the Digital Content in accordance > with the Usage Rules, for Non-Commercial, Private Use. "Non-Commercial, > Private Use" means a presentation of Digital Content for which no fee or > consideration of any kind (other than that which you pay to us to view the > Digital Content) is charged or received, which takes place in your private > home or apartment or, if outside your private home or apartment (e.g., in a > hotel room, dorm room, office, or airport waiting lounge) is limited to a > private viewing for you and your invitees.
Re: [Videolib] Amazon Prime
"which takes place in your private home or apartment or, if outside your private home or apartment (e.g., in a hotel room, dorm room, office, or airport waiting lounge) is limited to a private viewing for you and your invitees." does make it seem like a classroom would not be permissible, but I agree it's ambiguous. 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 www.milestone.film JOIN OUR MAILING LIST TODAY! <http://milestonefilms.us3.list-manage1.com/subscribe/post?u=4a0b9e434a9f3e8603c29806e=f30d1906e2> Support us on Facebook <http://www.facebook.com/pages/Milestone-Film/22348485426> and Twitter <https://twitter.com/#!/MilestoneFilms>! On Fri, Oct 14, 2016 at 6:52 PM, Andrew Horbal <ahor...@umd.edu> wrote: > Hi Dennis, > > I believe Eileen's post contains the relevant information from the > contract Lake Forest College agreed to with Amazon Prime. As I said in my > reply, I don't see anything in there that would interfere with the > professor's ability to rely on 110(1). > > Andy > > > On Fri, Oct 14, 2016 at 4:17 PM, Dennis Doros <milefi...@gmail.com> wrote: > >> I hate to be the tap water at a champagne party, but as it has been >> discussed here previously, this case probably doesn't have to do with the >> classroom exemption laws -- it has to do with contractual law. Once you hit >> that "agree" or "buy" button, you've signed an electronic contract with >> Amazon. Now, if they don't have anything that you've agreed to signing up >> for Prime or in their individual purchase/rental agreements, then that's a >> different story. >> >> >> 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 >> www.milestone.film >> >> >> JOIN OUR MAILING LIST TODAY! >> <http://milestonefilms.us3.list-manage1.com/subscribe/post?u=4a0b9e434a9f3e8603c29806e=f30d1906e2> >> Support us on Facebook >> <http://www.facebook.com/pages/Milestone-Film/22348485426> and Twitter >> <https://twitter.com/#!/MilestoneFilms>! >> >> >> On Fri, Oct 14, 2016 at 3:51 PM, Andrew Horbal <ahor...@umd.edu> wrote: >> >>> So, to be clear, based on the available facts, I think it *would* be >>> permissible for this professor to show *Transparent *to his or her >>> class. >>> >>> Andy >>> >>> On Fri, Oct 14, 2016 at 3:49 PM, Andrew Horbal <ahor...@umd.edu> wrote: >>> >>>> Hi all, >>>> >>>> The exemption which fits this scenario most closely is 17 USC 110(1) >>>> <https://www.law.cornell.edu/uscode/text/17/110>, the classroom >>>> screening exemption, not 17 USC 107 fair use. The question is, I >>>> think, whether or not Lake Forest College agreed to not engage in behavior >>>> permitted by this exemption when they agreed to Amazon Prime Business's >>>> "license to digital content." In my own personal (read: I am not a lawyer, >>>> so please do not construe this as legal advice; if you want legal advice, >>>> please consult an attorney!) opinion, a classroom setting whereby the only >>>> people present are the professor and the students in the class is more >>>> similar to a "private viewing for you and your invitees" (which is >>>> allowed by the license) than a "public presentation" (which is not). >>>> >>>> I will be curious to see who agrees with this interpretation and who >>>> disagrees, and why! >>>> >>>> Andy Horbal >>>> >>>> Head of Learning Commons >>>> >>>> 1101 McKeldin Library >>>> >>>> 7649 Library Ln. >>>> >>>> University of Maryland >>>> >>>> College Park, MD 20742 >>>> >>>> (301) 405-9227 >>>> >>>> ahor...@umd.edu >>>> >>>> On Fri, Oct 14, 2016 at 3:27 PM, Jodie Borgerding <jborgerding80@ >>>> webster.edu> wrote: >>>> >>>>> I would be interested in hearing more about this. My initial reaction >>>>> is that as long as it is in a classroom setting, fair use would still >>>>> apply. However, I don’t feel confident in my fair use/copyright knowledge >>>>> to make that call. J >>>>> >>>>> >>&g
Re: [Videolib] Amazon Prime
Hi Dennis, I believe Eileen's post contains the relevant information from the contract Lake Forest College agreed to with Amazon Prime. As I said in my reply, I don't see anything in there that would interfere with the professor's ability to rely on 110(1). Andy On Fri, Oct 14, 2016 at 4:17 PM, Dennis Doros <milefi...@gmail.com> wrote: > I hate to be the tap water at a champagne party, but as it has been > discussed here previously, this case probably doesn't have to do with the > classroom exemption laws -- it has to do with contractual law. Once you hit > that "agree" or "buy" button, you've signed an electronic contract with > Amazon. Now, if they don't have anything that you've agreed to signing up > for Prime or in their individual purchase/rental agreements, then that's a > different story. > > > 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 > www.milestone.film > > > JOIN OUR MAILING LIST TODAY! > <http://milestonefilms.us3.list-manage1.com/subscribe/post?u=4a0b9e434a9f3e8603c29806e=f30d1906e2> > Support us on Facebook > <http://www.facebook.com/pages/Milestone-Film/22348485426> and Twitter > <https://twitter.com/#!/MilestoneFilms>! > > > On Fri, Oct 14, 2016 at 3:51 PM, Andrew Horbal <ahor...@umd.edu> wrote: > >> So, to be clear, based on the available facts, I think it *would* be >> permissible for this professor to show *Transparent *to his or her class. >> >> Andy >> >> On Fri, Oct 14, 2016 at 3:49 PM, Andrew Horbal <ahor...@umd.edu> wrote: >> >>> Hi all, >>> >>> The exemption which fits this scenario most closely is 17 USC 110(1) >>> <https://www.law.cornell.edu/uscode/text/17/110>, the classroom >>> screening exemption, not 17 USC 107 fair use. The question is, I think, >>> whether or not Lake Forest College agreed to not engage in behavior >>> permitted by this exemption when they agreed to Amazon Prime Business's >>> "license to digital content." In my own personal (read: I am not a lawyer, >>> so please do not construe this as legal advice; if you want legal advice, >>> please consult an attorney!) opinion, a classroom setting whereby the only >>> people present are the professor and the students in the class is more >>> similar to a "private viewing for you and your invitees" (which is >>> allowed by the license) than a "public presentation" (which is not). >>> >>> I will be curious to see who agrees with this interpretation and who >>> disagrees, and why! >>> >>> Andy Horbal >>> >>> Head of Learning Commons >>> >>> 1101 McKeldin Library >>> >>> 7649 Library Ln. >>> >>> University of Maryland >>> >>> College Park, MD 20742 >>> >>> (301) 405-9227 >>> >>> ahor...@umd.edu >>> >>> On Fri, Oct 14, 2016 at 3:27 PM, Jodie Borgerding <jborgerding80@webster >>> .edu> wrote: >>> >>>> I would be interested in hearing more about this. My initial reaction >>>> is that as long as it is in a classroom setting, fair use would still >>>> apply. However, I don’t feel confident in my fair use/copyright knowledge >>>> to make that call. J >>>> >>>> >>>> >>>> Jodie >>>> >>>> >>>> >>>> ________ >>>> >>>> >>>> >>>> Jodie Borgerding, MLS >>>> >>>> Instruction and Liaison Librarian >>>> >>>> Missouri Library Association President >>>> >>>> Webster University Library >>>> >>>> 470 E. Lockwood >>>> >>>> St. Louis, MO 63119 >>>> >>>> (314) 246-7819 >>>> >>>> jborgerdin...@webster.edu >>>> >>>> http://library.webster.edu >>>> >>>> http://molib.org >>>> >>>> >>>> >>>> *From:* videolib-boun...@lists.berkeley.edu [mailto: >>>> videolib-boun...@lists.berkeley.edu] *On Behalf Of *Karsten, Eileen >>>> *Sent:* Friday, October 14, 2016 9:44 AM >>>> *To:* Videolib (videolib@lists.berkeley.edu) < >>>> videolib@lists.berkeley.edu> >>>> *Subject:* [Videolib] Amazon Prime >>>> >>>> >>>
Re: [Videolib] Amazon Prime
I hate to be the tap water at a champagne party, but as it has been discussed here previously, this case probably doesn't have to do with the classroom exemption laws -- it has to do with contractual law. Once you hit that "agree" or "buy" button, you've signed an electronic contract with Amazon. Now, if they don't have anything that you've agreed to signing up for Prime or in their individual purchase/rental agreements, then that's a different story. 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 www.milestone.film JOIN OUR MAILING LIST TODAY! <http://milestonefilms.us3.list-manage1.com/subscribe/post?u=4a0b9e434a9f3e8603c29806e=f30d1906e2> Support us on Facebook <http://www.facebook.com/pages/Milestone-Film/22348485426> and Twitter <https://twitter.com/#!/MilestoneFilms>! On Fri, Oct 14, 2016 at 3:51 PM, Andrew Horbal <ahor...@umd.edu> wrote: > So, to be clear, based on the available facts, I think it *would* be > permissible for this professor to show *Transparent *to his or her class. > > Andy > > On Fri, Oct 14, 2016 at 3:49 PM, Andrew Horbal <ahor...@umd.edu> wrote: > >> Hi all, >> >> The exemption which fits this scenario most closely is 17 USC 110(1) >> <https://www.law.cornell.edu/uscode/text/17/110>, the classroom >> screening exemption, not 17 USC 107 fair use. The question is, I think, >> whether or not Lake Forest College agreed to not engage in behavior >> permitted by this exemption when they agreed to Amazon Prime Business's >> "license to digital content." In my own personal (read: I am not a lawyer, >> so please do not construe this as legal advice; if you want legal advice, >> please consult an attorney!) opinion, a classroom setting whereby the only >> people present are the professor and the students in the class is more >> similar to a "private viewing for you and your invitees" (which is >> allowed by the license) than a "public presentation" (which is not). >> >> I will be curious to see who agrees with this interpretation and who >> disagrees, and why! >> >> Andy Horbal >> >> Head of Learning Commons >> >> 1101 McKeldin Library >> >> 7649 Library Ln. >> >> University of Maryland >> >> College Park, MD 20742 >> >> (301) 405-9227 >> >> ahor...@umd.edu >> >> On Fri, Oct 14, 2016 at 3:27 PM, Jodie Borgerding <jborgerding80@webster. >> edu> wrote: >> >>> I would be interested in hearing more about this. My initial reaction is >>> that as long as it is in a classroom setting, fair use would still apply. >>> However, I don’t feel confident in my fair use/copyright knowledge to make >>> that call. J >>> >>> >>> >>> Jodie >>> >>> >>> >>> >>> >>> >>> >>> Jodie Borgerding, MLS >>> >>> Instruction and Liaison Librarian >>> >>> Missouri Library Association President >>> >>> Webster University Library >>> >>> 470 E. Lockwood >>> >>> St. Louis, MO 63119 >>> >>> (314) 246-7819 >>> >>> jborgerdin...@webster.edu >>> >>> http://library.webster.edu >>> >>> http://molib.org >>> >>> >>> >>> *From:* videolib-boun...@lists.berkeley.edu [mailto: >>> videolib-boun...@lists.berkeley.edu] *On Behalf Of *Karsten, Eileen >>> *Sent:* Friday, October 14, 2016 9:44 AM >>> *To:* Videolib (videolib@lists.berkeley.edu) < >>> videolib@lists.berkeley.edu> >>> *Subject:* [Videolib] Amazon Prime >>> >>> >>> >>> Dear CW, >>> >>> >>> >>> Has anyone an Amazon Prime Business Account? Have you used it to allow >>> faculty to view Amazon Video? We have a faculty member who wants us to get >>> an account so that he can view *Transparent* for a class. If it is >>> applicable, he wants to show it to his students. On Amazon, everything >>> related to an Amazon Prime Business account talks about free shipping and >>> being able to share that with others in your business. It does not mention >>> Amazon Video, Amazon Music, etc.Under Amazon Video, the following is >>> stated: >>> >>> >>> >>> *d. License to Digital Content*. Subject to payment of any applicable >>> fees
Re: [Videolib] Amazon Prime
So, to be clear, based on the available facts, I think it *would* be permissible for this professor to show *Transparent *to his or her class. Andy On Fri, Oct 14, 2016 at 3:49 PM, Andrew Horbal <ahor...@umd.edu> wrote: > Hi all, > > The exemption which fits this scenario most closely is 17 USC 110(1) > <https://www.law.cornell.edu/uscode/text/17/110>, the classroom screening > exemption, not 17 USC 107 fair use. The question is, I think, whether or > not Lake Forest College agreed to not engage in behavior permitted by this > exemption when they agreed to Amazon Prime Business's "license to digital > content." In my own personal (read: I am not a lawyer, so please do not > construe this as legal advice; if you want legal advice, please consult an > attorney!) opinion, a classroom setting whereby the only people present are > the professor and the students in the class is more similar to a "private > viewing for you and your invitees" (which is allowed by the license) than a > "public presentation" (which is not). > > I will be curious to see who agrees with this interpretation and who > disagrees, and why! > > Andy Horbal > > Head of Learning Commons > > 1101 McKeldin Library > > 7649 Library Ln. > > University of Maryland > > College Park, MD 20742 > > (301) 405-9227 > > ahor...@umd.edu > > On Fri, Oct 14, 2016 at 3:27 PM, Jodie Borgerding <jborgerding80@webster. > edu> wrote: > >> I would be interested in hearing more about this. My initial reaction is >> that as long as it is in a classroom setting, fair use would still apply. >> However, I don’t feel confident in my fair use/copyright knowledge to make >> that call. J >> >> >> >> Jodie >> >> >> >> >> >> >> >> Jodie Borgerding, MLS >> >> Instruction and Liaison Librarian >> >> Missouri Library Association President >> >> Webster University Library >> >> 470 E. Lockwood >> >> St. Louis, MO 63119 >> >> (314) 246-7819 >> >> jborgerdin...@webster.edu >> >> http://library.webster.edu >> >> http://molib.org >> >> >> >> *From:* videolib-boun...@lists.berkeley.edu [mailto: >> videolib-boun...@lists.berkeley.edu] *On Behalf Of *Karsten, Eileen >> *Sent:* Friday, October 14, 2016 9:44 AM >> *To:* Videolib (videolib@lists.berkeley.edu) <videolib@lists.berkeley.edu >> > >> *Subject:* [Videolib] Amazon Prime >> >> >> >> Dear CW, >> >> >> >> Has anyone an Amazon Prime Business Account? Have you used it to allow >> faculty to view Amazon Video? We have a faculty member who wants us to get >> an account so that he can view *Transparent* for a class. If it is >> applicable, he wants to show it to his students. On Amazon, everything >> related to an Amazon Prime Business account talks about free shipping and >> being able to share that with others in your business. It does not mention >> Amazon Video, Amazon Music, etc.Under Amazon Video, the following is >> stated: >> >> >> >> *d. License to Digital Content*. Subject to payment of any applicable >> fees to rent, purchase, or access Digital Content, and your compliance with >> all terms of this Agreement, Amazon grants you a personal, non-exclusive, >> non-transferable, non-sublicensable, license, during the applicable Viewing >> Period, to access, view, use and display the Digital Content in accordance >> with the Usage Rules, for Non-Commercial, Private Use. "Non-Commercial, >> Private Use" means a presentation of Digital Content for which no fee or >> consideration of any kind (other than that which you pay to us to view the >> Digital Content) is charged or received, which takes place in your private >> home or apartment or, if outside your private home or apartment (e.g., in a >> hotel room, dorm room, office, or airport waiting lounge) is limited to a >> private viewing for you and your invitees. Non-Commercial, Private Use >> specifically excludes any public presentation (e.g., a presentation in a >> dorm lounge) and any presentation by a place of public accommodation or >> other commercial establishment (e.g., a bar or restaurant), even if no fee >> is charged for viewing the Digital Content. To simplify your viewing and >> management of Digital Content that has a limited Viewing Period (such as >> Rental Digital Content and Subscription Digital Content), we may >> automatically remove that Digital Content from your C
Re: [Videolib] Amazon Prime
Hi all, The exemption which fits this scenario most closely is 17 USC 110(1) <https://www.law.cornell.edu/uscode/text/17/110>, the classroom screening exemption, not 17 USC 107 fair use. The question is, I think, whether or not Lake Forest College agreed to not engage in behavior permitted by this exemption when they agreed to Amazon Prime Business's "license to digital content." In my own personal (read: I am not a lawyer, so please do not construe this as legal advice; if you want legal advice, please consult an attorney!) opinion, a classroom setting whereby the only people present are the professor and the students in the class is more similar to a "private viewing for you and your invitees" (which is allowed by the license) than a "public presentation" (which is not). I will be curious to see who agrees with this interpretation and who disagrees, and why! Andy Horbal Head of Learning Commons 1101 McKeldin Library 7649 Library Ln. University of Maryland College Park, MD 20742 (301) 405-9227 ahor...@umd.edu On Fri, Oct 14, 2016 at 3:27 PM, Jodie Borgerding <jborgerdin...@webster.edu > wrote: > I would be interested in hearing more about this. My initial reaction is > that as long as it is in a classroom setting, fair use would still apply. > However, I don’t feel confident in my fair use/copyright knowledge to make > that call. J > > > > Jodie > > > > > > > > Jodie Borgerding, MLS > > Instruction and Liaison Librarian > > Missouri Library Association President > > Webster University Library > > 470 E. Lockwood > > St. Louis, MO 63119 > > (314) 246-7819 > > jborgerdin...@webster.edu > > http://library.webster.edu > > http://molib.org > > > > *From:* videolib-boun...@lists.berkeley.edu [mailto:videolib-bounces@ > lists.berkeley.edu] *On Behalf Of *Karsten, Eileen > *Sent:* Friday, October 14, 2016 9:44 AM > *To:* Videolib (videolib@lists.berkeley.edu) <videolib@lists.berkeley.edu> > *Subject:* [Videolib] Amazon Prime > > > > Dear CW, > > > > Has anyone an Amazon Prime Business Account? Have you used it to allow > faculty to view Amazon Video? We have a faculty member who wants us to get > an account so that he can view *Transparent* for a class. If it is > applicable, he wants to show it to his students. On Amazon, everything > related to an Amazon Prime Business account talks about free shipping and > being able to share that with others in your business. It does not mention > Amazon Video, Amazon Music, etc.Under Amazon Video, the following is > stated: > > > > *d. License to Digital Content*. Subject to payment of any applicable > fees to rent, purchase, or access Digital Content, and your compliance with > all terms of this Agreement, Amazon grants you a personal, non-exclusive, > non-transferable, non-sublicensable, license, during the applicable Viewing > Period, to access, view, use and display the Digital Content in accordance > with the Usage Rules, for Non-Commercial, Private Use. "Non-Commercial, > Private Use" means a presentation of Digital Content for which no fee or > consideration of any kind (other than that which you pay to us to view the > Digital Content) is charged or received, which takes place in your private > home or apartment or, if outside your private home or apartment (e.g., in a > hotel room, dorm room, office, or airport waiting lounge) is limited to a > private viewing for you and your invitees. Non-Commercial, Private Use > specifically excludes any public presentation (e.g., a presentation in a > dorm lounge) and any presentation by a place of public accommodation or > other commercial establishment (e.g., a bar or restaurant), even if no fee > is charged for viewing the Digital Content. To simplify your viewing and > management of Digital Content that has a limited Viewing Period (such as > Rental Digital Content and Subscription Digital Content), we may > automatically remove that Digital Content from your Compatible Device after > the end of its Viewing Period, and you consent to such automatic removal. > > > > Does the educational exemption apply to showing it in a classroom apply to > Amazon Prime? For whatever reason, *Transparent* has not been released > on DVD. > > > > Thank you for any help you can provide on this subject. > > > > Eileen Karsten > > Head of Technical Services > > Donnelley and Lee Library > > Lake Forest College > > 555 N. Sheridan Road > > Lake Forest, IL 60045 > > 847-735-5066 > > kars...@lakeforest.edu > > > > VIDEOLIB is intended to encourage the broad and lively discussion of >
Re: [Videolib] Amazon Prime
I would be interested in hearing more about this. My initial reaction is that as long as it is in a classroom setting, fair use would still apply. However, I don't feel confident in my fair use/copyright knowledge to make that call. :) Jodie Jodie Borgerding, MLS Instruction and Liaison Librarian Missouri Library Association President Webster University Library 470 E. Lockwood St. Louis, MO 63119 (314) 246-7819 <mailto:jborgerdin...@webster.edu> jborgerdin...@webster.edu <http://library.webster.edu/> http://library.webster.edu <http://molib.org/> http://molib.org From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Karsten, Eileen Sent: Friday, October 14, 2016 9:44 AM To: Videolib (videolib@lists.berkeley.edu) <videolib@lists.berkeley.edu> Subject: [Videolib] Amazon Prime Dear CW, Has anyone an Amazon Prime Business Account? Have you used it to allow faculty to view Amazon Video? We have a faculty member who wants us to get an account so that he can view Transparent for a class. If it is applicable, he wants to show it to his students. On Amazon, everything related to an Amazon Prime Business account talks about free shipping and being able to share that with others in your business. It does not mention Amazon Video, Amazon Music, etc.Under Amazon Video, the following is stated: d. License to Digital Content. Subject to payment of any applicable fees to rent, purchase, or access Digital Content, and your compliance with all terms of this Agreement, Amazon grants you a personal, non-exclusive, non-transferable, non-sublicensable, license, during the applicable Viewing Period, to access, view, use and display the Digital Content in accordance with the Usage Rules, for Non-Commercial, Private Use. "Non-Commercial, Private Use" means a presentation of Digital Content for which no fee or consideration of any kind (other than that which you pay to us to view the Digital Content) is charged or received, which takes place in your private home or apartment or, if outside your private home or apartment (e.g., in a hotel room, dorm room, office, or airport waiting lounge) is limited to a private viewing for you and your invitees. Non-Commercial, Private Use specifically excludes any public presentation (e.g., a presentation in a dorm lounge) and any presentation by a place of public accommodation or other commercial establishment (e.g., a bar or restaurant), even if no fee is charged for viewing the Digital Content. To simplify your viewing and management of Digital Content that has a limited Viewing Period (such as Rental Digital Content and Subscription Digital Content), we may automatically remove that Digital Content from your Compatible Device after the end of its Viewing Period, and you consent to such automatic removal. Does the educational exemption apply to showing it in a classroom apply to Amazon Prime? For whatever reason, Transparent has not been released on DVD. Thank you for any help you can provide on this subject. Eileen Karsten Head of Technical Services Donnelley and Lee Library Lake Forest College 555 N. Sheridan Road Lake Forest, IL 60045 847-735-5066 kars...@lakeforest.edu <mailto:kars...@lakeforest.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] Amazon Prime
Dear CW, Has anyone an Amazon Prime Business Account? Have you used it to allow faculty to view Amazon Video? We have a faculty member who wants us to get an account so that he can view Transparent for a class. If it is applicable, he wants to show it to his students. On Amazon, everything related to an Amazon Prime Business account talks about free shipping and being able to share that with others in your business. It does not mention Amazon Video, Amazon Music, etc. Under Amazon Video, the following is stated: d. License to Digital Content. Subject to payment of any applicable fees to rent, purchase, or access Digital Content, and your compliance with all terms of this Agreement, Amazon grants you a personal, non-exclusive, non-transferable, non-sublicensable, license, during the applicable Viewing Period, to access, view, use and display the Digital Content in accordance with the Usage Rules, for Non-Commercial, Private Use. "Non-Commercial, Private Use" means a presentation of Digital Content for which no fee or consideration of any kind (other than that which you pay to us to view the Digital Content) is charged or received, which takes place in your private home or apartment or, if outside your private home or apartment (e.g., in a hotel room, dorm room, office, or airport waiting lounge) is limited to a private viewing for you and your invitees. Non-Commercial, Private Use specifically excludes any public presentation (e.g., a presentation in a dorm lounge) and any presentation by a place of public accommodation or other commercial establishment (e.g., a bar or restaurant), even if no fee is charged for viewing the Digital Content. To simplify your viewing and management of Digital Content that has a limited Viewing Period (such as Rental Digital Content and Subscription Digital Content), we may automatically remove that Digital Content from your Compatible Device after the end of its Viewing Period, and you consent to such automatic removal. Does the educational exemption apply to showing it in a classroom apply to Amazon Prime? For whatever reason, Transparent has not been released on DVD. Thank you for any help you can provide on this subject. Eileen Karsten Head of Technical Services Donnelley and Lee Library Lake Forest College 555 N. Sheridan Road Lake Forest, IL 60045 847-735-5066 kars...@lakeforest.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.
