Re: [Videolib] Promised Land

[Wilcox, Jeremy]

It's a fair question, Deg and I wouldn't pretend to speak for all
producers/rights holders.

However, for BBC titles not already available via our well-known
distributors, or directly from our own website, it is a very quick process
to check with those same outlets for an understanding on whether or not a
de-listed title can be made available. Where it is possible, a manufacture
on demand process does follow.

Whether or not that qualifies as a 'reasonable' search under 108 and it
ends up being at a 'fair price' is not something I can answer definitively.

Regards

Jeremy

On 9 January 2016 at 20:34, <videolib-requ...@lists.berkeley.edu> wrote:

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> Today's Topics:
>
>1. Re: Promised Land (Deg Farrelly)
>2. "Living for 32: Searching for Solutions to Gun Violence"
>   Filmmaker Panel (Colin Goddard)
>3. ALA Filmmaker Series (Emily Lindin)
>
>
> --
>
> Message: 1
> Date: Fri, 8 Jan 2016 22:00:50 +
> From: Deg Farrelly <deg.farre...@asu.edu>
> Subject: Re: [Videolib] Promised Land
> To: "videolib@lists.berkeley.edu" <videolib@lists.berkeley.edu>
> Message-ID: <31804ca2-b118-4e4d-9a36-19b78d4c1...@asu.edu>
> Content-Type: text/plain; charset="us-ascii"
>
> Jeremy,
>
> It does!  But in terms of 108, is this information discoverable in a
> "reasonable" search?  (Note that 108 does not require an exhaustive search
> nor does it require tracking down the copyright holder)
>
> How would a librarian discover this information?
>
> Of course one of the reasonable search tactics is to post a question to
> VideoLib, and in this case the results are good.  But apart from that
> approach, would someone be otherwise able to find the necessary information
> for what I assume is a manufacture in demand process.
>
> deg farrelly
> Arizona State University Libraries
>
>
> > Date: Thu, 7 Jan 2016 21:25:00 +
> > From: Jeremy Wilcox <jeremy.wil...@pearson.com>
> > Subject: Re: [Videolib] Promised Land
> >
> >
> > Watching this one with interest, as we (BBC/BBC Active) are the
> > ultimate educational rights holder for this series.
> >
> > Incidentally, a DVD copy would be available for this title. If it
> > couldn't be supplied through one of our US distributors for whatever
> > reason, we could supply it directly at our standard non-theatric
> > pricing.
> >
> > Does that make the 108 issue redundant in this case?
> >
> >
>
>
>
> --
>
> Message: 2
> Date: Fri, 8 Jan 2016 17:57:38 -0500
> From: Colin Goddard <godd...@vt.edu>
> Subject: [Videolib] "Living for 32: Searching for Solutions to Gun
> Violence"   Filmmaker Panel
> To: videolib@lists.berkeley.edu
> Message-ID: <0ee111d6-932a-4ba5-9108-c98cb4603...@vt.edu>
> Content-Type: text/plain; charset="us-ascii"
>
> Hello Video Librarians,
>
> My name is Colin Goddard. I am a survivor of the Virginia Tech
> mass-shooting in 2007, featured in the documentary "Living for 32:
> Searching for Solutions to Gun Violence", and will be speaking at Kanopy's
> Exclusive Filmmaker Panel this weekend. Earlier this week, I was invited to
> attend President Obama's announcement of new Executive Actions and am
> looking forward to sharing what these mean for campuses today.
>
> I will also share some of the activity our not-for-profit, Everytown for
> Gun Safety, is undertaking on college campuses around the country.
>
> Meet me at the ALA event which is taking place on Saturday 9 January at
> 3pm, Room 204AB. RSVP to eve...@kanopystreaming.com.
>
> I will be joined on the panel by Emily Lindin, director "UnSlut" and Lacey
> Schwarz, director of "Little White Lie".
>
> Hope to see you tomorrow in Boston!
>
> Kind regards,
>
> Colin
> -- next part --
> An HTML attachment scrubbed and removed.
> HTML attachments are only available in MIME digests.
>
> --
>
> Message: 3
> Date: Fri, 8 Jan 2016 15:37:03 -0800
> From: Emily Lindin <em...@unslutproject.com>
> Subject: [Videolib] ALA Filmmaker Series
> To: videolib@lists.berkeley.edu
> Message-ID:
> 

Re: [Videolib] Promised Land

[Laura Jenemann]

Hi,

I think that Michael brings up a good point whether or not a replacement
fulfills certain needs.

DVDs in an academic library has are used not only for in-classroom
learning, but for out-of-classroom education as well.  That¹s a need that
is very important in libraries, because education and media literacy
opportunities happen outside of the classroom, too.  For example, a common
assignment is for students to research the library¹s collection on a
particular topic and watch a film out of the collection. Looking at the
definition of 'To perform or display a work ³publicly²¹ below, I believe
that this use falls outside of a public performance:

http://www.copyright.gov/title17/92chap1.html

What I don¹t know is how all of this applies to monkeys.  Is a screening
for one monkey or a "normal social circle of a family² of monkeys
considered displaying publicly?  Joking?

Regards,
Laura

Laura Jenemann
Media Services/Film Studies Librarian
George Mason University Libraries
Email: ljene...@gmu.edu
Phone: 703-993-7593


On 1/6/16, 5:32 PM, "Brewer, Michael M - (brewerm)"
<brew...@email.arizona.edu> wrote:

>Deg, 
>
>It is an interesting question. For me, it is less about what the law will
>allow and more about whether or not the replacement (in this case the
>access to the content in streaming form) will fulfill needs as well as
>(or better than) the physical copy. For example, what if a faculty member
>needs to extract clips from the film? Would the streaming license allow
>for that? What about the need for offline access? If these are not really
>pressing needs, the streaming access is probably a better way to go.
>Personally, I think it might be worthwhile to both create a 108 copy and
>acquire the streaming access and would see that being supportable under
>108.
>
>mb 
>
>Michael Brewer | Librarian | Head, Research & Learning |
>brew...@email.arizona.edu
>
>
>-Original Message-
>From: videolib-boun...@lists.berkeley.edu
>[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Deg Farrelly
>Sent: Wednesday, January 06, 2016 3:14 PM
>To: videolib@lists.berkeley.edu
>Subject: Re: [Videolib] Promised Land
>
>This raises an interesting question
>
>If a due diligence search for a replacement copy under Section  108 pf US
>copyright does not return a hard copy available for purchase, but instead
>only return a streaming copy, available only for term license
>
>Can the library proceed with a copy made under provisions of Section 108.
>
>I have my own opinion, but will would like to hear what other librarians
>think.
>
>-deg farrelly
>Arizona State University Libraries
>
>> Kanopy has it.
>
>VIDEOLIB is intended to encourage the broad and lively discussion of
>issues relating to the selection, evaluation, acquisition,bibliographic
>control, preservation, and use of current and evolving video formats in
>libraries and related institutions. It is hoped that the list will serve
>as an effective working tool for video librarians, as well as a channel
>of communication between libraries,educational institutions, and video
>producers and distributors.
>
>VIDEOLIB is intended to encourage the broad and lively discussion of
>issues relating to the selection, evaluation, acquisition,bibliographic
>control, preservation, and use of current and evolving video formats in
>libraries and related institutions. It is hoped that the list will serve
>as an effective working tool for video librarians, as well as a channel
>of communication between libraries,educational institutions, and video
>producers and distributors.


VIDEOLIB 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] Promised Land

[Deg Farrelly]

Jeremy,

It does!  But in terms of 108, is this information discoverable in a 
"reasonable" search?  (Note that 108 does not require an exhaustive search nor 
does it require tracking down the copyright holder)

How would a librarian discover this information?

Of course one of the reasonable search tactics is to post a question to 
VideoLib, and in this case the results are good.  But apart from that approach, 
would someone be otherwise able to find the necessary information for what I 
assume is a manufacture in demand process.

deg farrelly
Arizona State University Libraries


> Date: Thu, 7 Jan 2016 21:25:00 +
> From: Jeremy Wilcox <jeremy.wil...@pearson.com>
> Subject: Re: [Videolib] Promised Land
> 
> 
> Watching this one with interest, as we (BBC/BBC Active) are the
> ultimate educational rights holder for this series.
> 
> Incidentally, a DVD copy would be available for this title. If it
> couldn't be supplied through one of our US distributors for whatever
> reason, we could supply it directly at our standard non-theatric
> pricing.
> 
> Does that make the 108 issue redundant in this case?
> 
> 

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] Promised Land

[Reynolds, Jo Ann]

I would say yes, the section 108 copy could proceed since there is not a 
replacement copy available for a reasonable price. I would not consider a term 
stream to be a replacement copy for a VHS or DVD.

Jo Ann

Jo Ann Reynolds
Reserve Services Coordinator
Homer Babbidge Library
University of Connecticut
369 Fairfield Road, Unit 1005R
Storrs, CT  06269-1005
860-486-1406




-Original Message-
From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Deg Farrelly
Sent: Wednesday, January 06, 2016 5:14 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Promised Land

This raises an interesting question

If a due diligence search for a replacement copy under Section  108 pf US 
copyright does not return a hard copy available for purchase, but instead only 
return a streaming copy, available only for term license

Can the library proceed with a copy made under provisions of Section 108. 

I have my own opinion, but will would like to hear what other librarians think.

-deg farrelly
Arizona State University Libraries

> Kanopy has it.

VIDEOLIB is intended to encourage the broad and lively discussion of issues 
relating to the selection, evaluation, acquisition,bibliographic control, 
preservation, and use of current and evolving video formats in libraries and 
related institutions. It is hoped that the list will serve as an effective 
working tool for video librarians, as well as a channel of communication 
between libraries,educational institutions, and video producers and 
distributors.

VIDEOLIB is intended to encourage the broad and lively discussion of issues 
relating to the selection, evaluation, acquisition,bibliographic control, 
preservation, and use of current and evolving video formats in libraries and 
related institutions. It is hoped that the list will serve as an effective 
working tool for video librarians, as well as a channel of communication 
between libraries,educational institutions, and video producers and 
distributors.

Re: [Videolib] Promised Land

[Jeremy Wilcox]

Watching this one with interest, as we (BBC/BBC Active) are the
ultimate educational rights holder for this series.

Incidentally, a DVD copy would be available for this title. If it
couldn't be supplied through one of our US distributors for whatever
reason, we could supply it directly at our standard non-theatric
pricing.

Does that make the 108 issue redundant in this case?

Sent from my iPhone

> On 7 Jan 2016, at 20:43, "videolib-requ...@lists.berkeley.edu" 
> <videolib-requ...@lists.berkeley.edu> wrote:
>
> Send videolib mailing list submissions to
>videolib@lists.berkeley.edu
>
> To subscribe or unsubscribe via the World Wide Web, visit
>
> https://calmail.berkeley.edu/manage/list/listinfo/videolib@lists.berkeley.edu
>
> or, via email, send a message with subject or body 'help' to
>videolib-requ...@lists.berkeley.edu
>
> You can reach the person managing the list at
>videolib-ow...@lists.berkeley.edu
>
> When replying, please edit your Subject line so it is more specific
> than "Re: Contents of videolib digest..."
>
>
> Today's Topics:
>
>   1. Re: Promised Land (Deg Farrelly)
>   2. Re: Promised Land (Jessica Rosner)
>   3. Re: Promised Land (Brewer, Michael M - (brewerm))
>   4. Re: Promised Land (Nancy E. Friedland)
>   5. Free copyright course on multimedia (Hannah Lee)
>   6. Re: Promised Land (Reynolds, Jo Ann)
>   7. Digital DVDs (Nicholle Gerharter)
>   8. clip making (Sarah E. McCleskey)
>
>
> ----------
>
> Message: 1
> Date: Wed, 6 Jan 2016 22:13:38 +
> From: Deg Farrelly <deg.farre...@asu.edu>
> Subject: Re: [Videolib] Promised Land
> To: "videolib@lists.berkeley.edu" <videolib@lists.berkeley.edu>
> Message-ID: <9e097ec7-bbc0-4f86-9182-8e9a07ae0...@asu.edu>
> Content-Type: text/plain; charset="us-ascii"
>
> This raises an interesting question
>
> If a due diligence search for a replacement copy under Section  108 pf US 
> copyright does not return a hard copy available for purchase, but instead 
> only return a streaming copy, available only for term license
>
> Can the library proceed with a copy made under provisions of Section 108.
>
> I have my own opinion, but will would like to hear what other librarians 
> think.
>
> -deg farrelly
> Arizona State University Libraries
>
>> Kanopy has it.
>
>
>
> --
>
> Message: 2
> Date: Wed, 6 Jan 2016 17:25:40 -0500
> From: Jessica Rosner <maddux2...@gmail.com>
> Subject: Re: [Videolib] Promised Land
> To: videolib@lists.berkeley.edu
> Message-ID:
><cacre6m90huyfarenneuqb7p6ckfa6b_g01cht-xh7tt6xqr...@mail.gmail.com>
> Content-Type: text/plain; charset="utf-8"
>
> Well you can guess my answer but the issue is irrelevent in this case
> because the library WANTED to stream it. With streaming becoming the
> increasingly desired "format" 108 may not matter as much as you can't
> stream an entire work withou permission even if you have a physical copy in
> any format.
>
>
>> On Wed, Jan 6, 2016 at 5:13 PM, Deg Farrelly <deg.farre...@asu.edu> wrote:
>>
>> This raises an interesting question
>>
>> If a due diligence search for a replacement copy under Section  108 pf US
>> copyright does not return a hard copy available for purchase, but instead
>> only return a streaming copy, available only for term license
>>
>> Can the library proceed with a copy made under provisions of Section 108.
>>
>> I have my own opinion, but will would like to hear what other librarians
>> think.
>>
>> -deg farrelly
>> Arizona State University Libraries
>>
>>> Kanopy has it.
>>
>> 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.
> -- next part --
> An HTML attachment scrubbed and removed.
> HTML attachments are only available in MIME digests.
>
> --
>
> Message: 3
> Date: Wed, 6 Jan 2016 22:32:50 +
> From: "Brewer, Michael M - (brewerm)" <brew...@email.arizona.edu>
> Subject: Re: [Videolib] Promised Land
> To: "videolib@lists.ber

Re: [Videolib] Promised Land

[Jessica Rosner]

Well you can guess my answer but the issue is irrelevent in this case
because the library WANTED to stream it. With streaming becoming the
increasingly desired "format" 108 may not matter as much as you can't
stream an entire work withou permission even if you have a physical copy in
any format.


On Wed, Jan 6, 2016 at 5:13 PM, Deg Farrelly  wrote:

> This raises an interesting question
>
> If a due diligence search for a replacement copy under Section  108 pf US
> copyright does not return a hard copy available for purchase, but instead
> only return a streaming copy, available only for term license
>
> Can the library proceed with a copy made under provisions of Section 108.
>
> I have my own opinion, but will would like to hear what other librarians
> think.
>
> -deg farrelly
> Arizona State University Libraries
>
> > Kanopy has it.
>
> VIDEOLIB is intended to encourage the broad and lively discussion of
> issues relating to the selection, evaluation, acquisition,bibliographic
> control, preservation, and use of current and evolving video formats in
> libraries and related institutions. It is hoped that the list will serve as
> an effective working tool for video librarians, as well as a channel of
> communication between libraries,educational institutions, and video
> producers and distributors.
>
VIDEOLIB is intended to encourage the broad and lively discussion of issues 
relating to the selection, evaluation, acquisition,bibliographic control, 
preservation, and use of current and evolving video formats in libraries and 
related institutions. It is hoped that the list will serve as an effective 
working tool for video librarians, as well as a channel of communication 
between libraries,educational institutions, and video producers and 
distributors.

Re: [Videolib] Promised Land

[Deg Farrelly]

This raises an interesting question

If a due diligence search for a replacement copy under Section  108 pf US 
copyright does not return a hard copy available for purchase, but instead only 
return a streaming copy, available only for term license

Can the library proceed with a copy made under provisions of Section 108. 

I have my own opinion, but will would like to hear what other librarians think.

-deg farrelly
Arizona State University Libraries

> Kanopy has it.

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] Promised Land

[Brewer, Michael M - (brewerm)]

Deg, 

It is an interesting question. For me, it is less about what the law will allow 
and more about whether or not the replacement (in this case the access to the 
content in streaming form) will fulfill needs as well as (or better than) the 
physical copy. For example, what if a faculty member needs to extract clips 
from the film? Would the streaming license allow for that? What about the need 
for offline access? If these are not really pressing needs, the streaming 
access is probably a better way to go. Personally, I think it might be 
worthwhile to both create a 108 copy and acquire the streaming access and would 
see that being supportable under 108.

mb 

Michael Brewer | Librarian | Head, Research & Learning | 
brew...@email.arizona.edu


-Original Message-
From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Deg Farrelly
Sent: Wednesday, January 06, 2016 3:14 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Promised Land

This raises an interesting question

If a due diligence search for a replacement copy under Section  108 pf US 
copyright does not return a hard copy available for purchase, but instead only 
return a streaming copy, available only for term license

Can the library proceed with a copy made under provisions of Section 108. 

I have my own opinion, but will would like to hear what other librarians think.

-deg farrelly
Arizona State University Libraries

> Kanopy has it.

VIDEOLIB is intended to encourage the broad and lively discussion of issues 
relating to the selection, evaluation, acquisition,bibliographic control, 
preservation, and use of current and evolving video formats in libraries and 
related institutions. It is hoped that the list will serve as an effective 
working tool for video librarians, as well as a channel of communication 
between libraries,educational institutions, and video producers and 
distributors.

VIDEOLIB is intended to encourage the broad and lively discussion of issues 
relating to the selection, evaluation, acquisition,bibliographic control, 
preservation, and use of current and evolving video formats in libraries and 
related institutions. It is hoped that the list will serve as an effective 
working tool for video librarians, as well as a channel of communication 
between libraries,educational institutions, and video producers and 
distributors.

Re: [Videolib] Promised Land

[Nancy E. Friedland]

This is an excellent question. I think the issue here is perpetual access.
The subscription service does not provide perpetual access. The library
should have the right to replace the VHS with a hard copy in accepted
format such as DVD. I also agree with Michael's point of use and purpose --
the hard copy is required for research and teaching needs.

Nancy



On Wed, Jan 6, 2016 at 5:32 PM, Brewer, Michael M - (brewerm) <
brew...@email.arizona.edu> wrote:

> Deg,
>
> It is an interesting question. For me, it is less about what the law will
> allow and more about whether or not the replacement (in this case the
> access to the content in streaming form) will fulfill needs as well as (or
> better than) the physical copy. For example, what if a faculty member needs
> to extract clips from the film? Would the streaming license allow for that?
> What about the need for offline access? If these are not really pressing
> needs, the streaming access is probably a better way to go. Personally, I
> think it might be worthwhile to both create a 108 copy and acquire the
> streaming access and would see that being supportable under 108.
>
> mb
>
> Michael Brewer | Librarian | Head, Research & Learning |
> brew...@email.arizona.edu
>
>
> -Original Message-
> From: videolib-boun...@lists.berkeley.edu [mailto:
> videolib-boun...@lists.berkeley.edu] On Behalf Of Deg Farrelly
> Sent: Wednesday, January 06, 2016 3:14 PM
> To: videolib@lists.berkeley.edu
> Subject: Re: [Videolib] Promised Land
>
> This raises an interesting question
>
> If a due diligence search for a replacement copy under Section  108 pf US
> copyright does not return a hard copy available for purchase, but instead
> only return a streaming copy, available only for term license
>
> Can the library proceed with a copy made under provisions of Section 108.
>
> I have my own opinion, but will would like to hear what other librarians
> think.
>
> -deg farrelly
> Arizona State University Libraries
>
> > Kanopy has it.
>
> VIDEOLIB is intended to encourage the broad and lively discussion of
> issues relating to the selection, evaluation, acquisition,bibliographic
> control, preservation, and use of current and evolving video formats in
> libraries and related institutions. It is hoped that the list will serve as
> an effective working tool for video librarians, as well as a channel of
> communication between libraries,educational institutions, and video
> producers and distributors.
>
> VIDEOLIB is intended to encourage the broad and lively discussion of
> issues relating to the selection, evaluation, acquisition,bibliographic
> control, preservation, and use of current and evolving video formats in
> libraries and related institutions. It is hoped that the list will serve as
> an effective working tool for video librarians, as well as a channel of
> communication between libraries,educational institutions, and video
> producers and distributors.
>
VIDEOLIB 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.