Re: [Videolib] Public Performance Rights in Academic Libraries

[ghandman]

;  style="font-size: 7.5pt; font-family:
> "Arial","sans-serif"; color: gray;">Team
> Leader for Instructional Services style="font-family:
> "Calibri","sans-serif"; color: rgb(31,
> 73, 125);">
>  style="font-size: 7.5pt; font-family:
> "Arial","sans-serif"; color: gray;">University
> of Arizona Libraries color: rgb(31, 73, 125);">
>moz-do-not-send="true"
>   href="mailto:brew...@u.library.arizona.edu";
>       
> title="blocked::mailto:brew...@u.library.arizona.edu";>brew...@u.library.arizona.edu style="font-size: 11pt; font-family:
> "Calibri","sans-serif"; color: rgb(31,
> 73, 125);">
>  73, 125);"> 
> From: style="font-size: 10pt; font-family:
> "Tahoma","sans-serif";">
>  href="mailto:videolib-boun...@lists.berkeley.edu";>videolib-boun...@lists.berkeley.edu
> [ href="mailto:videolib-boun...@lists.berkeley.edu";>mailto:videolib-boun...@lists.berkeley.edu]
> On Behalf Of Jessica Rosner
> Sent: Tuesday, August 09, 2011 12:55 PM
> To:  href="mailto:videolib@lists.berkeley.edu";>videolib@lists.berkeley.edu
> Subject: Re: [Videolib] Public Performance Rights in
> Academic Libraries
>  
> I agree, but
>   it does not seem that this qualification of a "copy" is
>   limited to clips ( FYI it is NOT limited to streaming) and
>   could lead to major confusion.
>   This is a sensitive issue because SCMS and others "academics"
>   have pretty much claimed "any" copy is legal including one
>   made by a friend off TV 5 years ago and then digitized.
>   Believe it or not I am not trying to be difficult but is it
>   clear that the copy of the legal copy is only clips and not
>   whole films under "face to face"?
> 
>   On Tue, Aug 9, 2011 at 3:46 PM, Brewer,
> Michael <   
> href="mailto:brew...@u.library.arizona.edu";>brew...@u.library.arizona.edu>
> wrote:
>   
> 
>   In order to stream a
>   “limited and reasonable portion” of a film,
> which is
>   allowable under 110(2) under the conditions provided
>   in the tool (and we’ve been over this before on
> this
>   listerv), you  have to create a digital copy of
> that
>   portion of the work. 
> 
>   
> mb 
>   
>  
> 
>   Michael
> Brewer
> 
>   Team
>         Leader for Instructional
> Services
>         
>   University
> of Arizona Libraries
>href="mailto:brew...@u.library.arizona.edu";
>   target="_blank"
>   
> title="blocked::mailto:brew...@u.library.arizona.edu";>brew...@u.library.arizona.edu
>  
>   
>   From:
>href="mailto:videolib-boun...@lists.berkeley.edu";
> target="_blank">videolib-boun...@lists.berkeley.edu
>   [mailto: href="mailto:videolib-boun...@lists.berkeley.edu";
> target="_blank">videolib-boun...@lists.berkeley.edu]
>   On Behalf Of Jessica Rosner
>   Sent: Tuesday, August 09, 2011 12:37
> PM
>   
> 
>   
>   To:  href="mailto:videolib@lists.berkeley.edu";
> target="_blank">videolib@lists.berkeley.edu
>   Subject: Re: [Videolib] Public Performance
>   Rights in Academic Libraries
> 
>   
>   
> 
>    
>   Um
> are you saying it is OK to use a "r

Re: [Videolib] Public Performance Rights in Academic Libraries

[Dennis Doros]

Dear Jeanine,
The answer is simply no. Along with the usual copyright restrictions on
unlawful copying, if the DVD has CSS on it, then de-encrypting the copyright
protection is only allowed (see below in red and underlined) for small
portions.

Best regards,
Dennis Doros
Milestone Film & Video/Milliarium Zero
email: milefi...@gmail.com

*Anti-circumvention exemptions*

In addition to the safe harbors and exemptions the statute explicitly
provides, 17 U.S.C.
1201(a)(1)<http://www.copyright.gov/title17/92chap12.html#1201>
requires
that the Librarian of
Congress<http://en.wikipedia.org/wiki/Library_of_Congress#Librarians_of_Congress>
issue
exemptions from the prohibition against circumvention of access-control
technology. Exemptions are granted when it is shown that access-control
technology has had a substantial adverse effect on the ability of people to
make non-infringing uses of copyrighted works.

The exemption rules are revised every three years. Exemption proposals are
submitted by the public to the Registrar of Copyrights, and after a process
of hearings and public comments, the final rule is recommended by the
Registrar and issued by the Librarian. Exemptions expire after three years
and must be resubmitted for the next rulemaking cycle. Consequently, the
exemptions issued in the prior rulemakings, in 2000, 2003 and 2006 are no
longer valid.

The current administratively-created
exemptions<http://www.copyright.gov/1201/>,
issued in July 2010, are:

   - Motion pictures on DVDs <http://en.wikipedia.org/wiki/DVD> that are
   lawfully made and acquired and that are protected by the Content
   Scrambling System<http://en.wikipedia.org/wiki/Content_Scrambling_System>
when
   circumvention is accomplished solely in order *to accomplish the
   incorporation of short portions of motion pictures into new works for the
   purpose of criticism or comment*, and where the person engaging in
   circumvention believes and has reasonable grounds for believing that
   circumvention is necessary to fulfill the purpose of the use in the
   following instances:
  - Educational uses by college and university professors and by college
  and university film and media studies students;
  - Documentary filmmaking;
  - Noncommercial videos. (A new exemption in 2010, similar to a
  previous educational exemption.)
  -


On Wed, Aug 10, 2011 at 10:08 AM, Jeanne Little wrote:

> **
> OK, here's my scenario:
>
> The Library owns a title on dvd. A faculty member in the past, has checked
> this dvd out and shown it in its entirety to his class in a face-to-face
> environment. He now wants to stream the title over our e-Learning system, in
> it's entirety. Can we have our IT department convert this to streaming media
> and then mount it in our e-Learning system, for currently enrolled students
> in their class, without asking for permission from the copyright holder to
> convert the format to digital? The argument I am faced with is 'I can use
> this in my classroom (face-to-face) in its entirety, so I should be able to
> do this in our online teaching system'.
>
> I understand you can show clips in face-to-face and inside an e-Learning
> system, but can you stream the entire film in this venue, without getting
> permission?
>
> I feel like I should know this and be confident about my response, but I
> find I second-guessing myself. I always lean towards the philosophy that it
> is better to get permission than to do something that may be against
> copyright.
>
> Thanks in advance for your comments.
>
> And Michael, thanks for the web-tool!
>
> Jeanne
>
> On 8/9/2011 4:50 PM, Brewer, Michael wrote:
>
>  The tool asks if the copy is a legal one.  If you say “no” then it notes
> that the copy must be legal. It also provides a note with a lot of
> information about what is or is not legal, etc.  Not sure how much more I
> could add in to the tool (a lie detector app?).  Also, the latest LOC 1201
> rules have been incorporated into this tool (so it allows for reformatting
> for 110 uses). 
>
> mb
>
> ** **
>
> Michael Brewer
>
> Team Leader for Instructional Services
>
> University of Arizona Libraries
>
> brew...@u.library.arizona.edu
>
> ** **
>
> *From:* videolib-boun...@lists.berkeley.edu [
> mailto:videolib-boun...@lists.berkeley.edu]
> *On Behalf Of *Jessica Rosner
> *Sent:* Tuesday, August 09, 2011 12:55 PM
> *To:* videolib@lists.berkeley.edu
> *Subject:* Re: [Videolib] Public Performance Rights in Academic Libraries*
> ***
>
> ** **
>
> I agree, but it does not seem that this qualification of a "copy" is
> limited to clips ( FYI it is NOT limited to streaming) and could lead to
> major confusion.
> This is a sensitive issu

Re: [Videolib] Public Performance Rights in Academic Libraries

[Jessica Rosner]

The law only allows you to break encryption for an amount that would be
covered under "Fair Use" which is not an entire film/work. Right now there
are two cases being litigated on this issue but unfortunately since both
cases involve using "sovereign immunity" to get around copyright law , they
are unlikely to resolve anything.

Encryption and conversion are somewhat side issues in any case. The basic
issue is the claim that an entire feature film ( or book) can be put on line
under "fair use" which I think most of you know I find absurd. Basics
tenants of "Fair Use" are that among other things the use has to be as
limited portion of the entire work as feasible and the use must be
"transformative" meaning you are using a portion of a work to create a NEW
work, such as using a clip in a lecture, a quote in book etc.
As per yesterday's discussion the "face to face" exemption which does allow
use of entire films in class is VERY specific that the showing must be IN a
classroom or similar physical venue.

What I repeatedly ask ( but never get an answer) from some  here that claim
there is really nothing to say you can not digitize and stream an entire
film, is what is the difference between a film and book and if there is no
difference why do you not scan and upload your entire collections so
students do not have to bother to use those inconvenient books?





On Wed, Aug 10, 2011 at 10:08 AM, Jeanne Little wrote:

> **
> OK, here's my scenario:
>
> The Library owns a title on dvd. A faculty member in the past, has checked
> this dvd out and shown it in its entirety to his class in a face-to-face
> environment. He now wants to stream the title over our e-Learning system, in
> it's entirety. Can we have our IT department convert this to streaming media
> and then mount it in our e-Learning system, for currently enrolled students
> in their class, without asking for permission from the copyright holder to
> convert the format to digital? The argument I am faced with is 'I can use
> this in my classroom (face-to-face) in its entirety, so I should be able to
> do this in our online teaching system'.
>
> I understand you can show clips in face-to-face and inside an e-Learning
> system, but can you stream the entire film in this venue, without getting
> permission?
>
> I feel like I should know this and be confident about my response, but I
> find I second-guessing myself. I always lean towards the philosophy that it
> is better to get permission than to do something that may be against
> copyright.
>
> Thanks in advance for your comments.
>
> And Michael, thanks for the web-tool!
>
> Jeanne
>
>
> On 8/9/2011 4:50 PM, Brewer, Michael wrote:
>
>  The tool asks if the copy is a legal one.  If you say “no” then it notes
> that the copy must be legal. It also provides a note with a lot of
> information about what is or is not legal, etc.  Not sure how much more I
> could add in to the tool (a lie detector app?).  Also, the latest LOC 1201
> rules have been incorporated into this tool (so it allows for reformatting
> for 110 uses). 
>
> mb
>
> ** **
>
> Michael Brewer
>
> Team Leader for Instructional Services
>
> University of Arizona Libraries
>
> brew...@u.library.arizona.edu
>
> ** **
>
> *From:* videolib-boun...@lists.berkeley.edu [
> mailto:videolib-boun...@lists.berkeley.edu]
> *On Behalf Of *Jessica Rosner
> *Sent:* Tuesday, August 09, 2011 12:55 PM
> *To:* videolib@lists.berkeley.edu
> *Subject:* Re: [Videolib] Public Performance Rights in Academic Libraries*
> ***
>
> ** **
>
> I agree, but it does not seem that this qualification of a "copy" is
> limited to clips ( FYI it is NOT limited to streaming) and could lead to
> major confusion.
> This is a sensitive issue because SCMS and others "academics" have pretty
> much claimed "any" copy is legal including one made by a friend off TV 5
> years ago and then digitized. Believe it or not I am not trying to be
> difficult but is it clear that the copy of the legal copy is only clips and
> not whole films under "face to face"?
>
> On Tue, Aug 9, 2011 at 3:46 PM, Brewer, Michael <
> brew...@u.library.arizona.edu> wrote:
>
> In order to stream a “limited and reasonable portion” of a film, which is
> allowable under 110(2) under the conditions provided in the tool (and we’ve
> been over this before on this listerv), you  have to create a digital copy
> of that portion of the work.  
>
> mb  
>
>  
>
> Michael Brewer
>
> Team Leader for Instructional Services
>
> University of Arizona Libraries
>
> brew...@u.library.a

Re: [Videolib] Public Performance Rights in Academic Libraries

[Jeanne Little]

  
  
OK, here's my scenario:

The Library owns a title on dvd. A faculty member in the past, has
checked this dvd out and shown it in its entirety to his class in a
face-to-face environment. He now wants to stream the title over our
e-Learning system, in it's entirety. Can we have our IT department
convert this to streaming media and then mount it in our e-Learning
system, for currently enrolled students in their class, without
asking for permission from the copyright holder to convert the
format to digital? The argument I am faced with is 'I can use this
in my classroom (face-to-face) in its entirety, so I should be able
to do this in our online teaching system'.

I understand you can show clips in face-to-face and inside an
e-Learning system, but can you stream the entire film in this venue,
without getting permission?

I feel like I should know this and be confident about my response,
but I find I second-guessing myself. I always lean towards the
philosophy that it is better to get permission than to do something
that may be against copyright.

Thanks in advance for your comments.

And Michael, thanks for the web-tool!

Jeanne

On 8/9/2011 4:50 PM, Brewer, Michael wrote:

  
  
  
  
The tool asks if the copy is a legal one.  If you
say “no” then it notes that the copy must be legal. It also
provides a note with a lot of information about what is or
is not legal, etc.  Not sure how much more I could add in to
the tool (a lie detector app?).  Also, the latest LOC 1201
rules have been incorporated into this tool (so it allows
for reformatting for 110 uses).

mb
 
Michael
Brewer
Team
Leader for Instructional Services
University
of Arizona Libraries
brew...@u.library.arizona.edu
 
From:
videolib-boun...@lists.berkeley.edu
[mailto:videolib-boun...@lists.berkeley.edu]
On Behalf Of Jessica Rosner
Sent: Tuesday, August 09, 2011 12:55 PM
To: videolib@lists.berkeley.edu
        Subject: Re: [Videolib] Public Performance Rights in
    Academic Libraries
 
I agree, but
  it does not seem that this qualification of a "copy" is
  limited to clips ( FYI it is NOT limited to streaming) and
  could lead to major confusion.
  This is a sensitive issue because SCMS and others "academics"
  have pretty much claimed "any" copy is legal including one
  made by a friend off TV 5 years ago and then digitized.
  Believe it or not I am not trying to be difficult but is it
  clear that the copy of the legal copy is only clips and not
  whole films under "face to face"?

  On Tue, Aug 9, 2011 at 3:46 PM, Brewer,
Michael <brew...@u.library.arizona.edu>
wrote:
  

  In order to stream a
  “limited and reasonable portion” of a film, which is
  allowable under 110(2) under the conditions provided
  in the tool (and we’ve been over this before on this
  listerv), you  have to create a digital copy of that
  portion of the work. 

  
mb 
  
 

  Michael
Brewer

  Team
Leader for Instructional Services

  University
of Arizona Libraries
brew...@u.library.arizona.edu
 
  
  From:
  videolib-boun...@lists.berkeley.edu
  [mailto:videolib-boun...@lists.berkeley.edu]
  On Behalf Of Jessica Rosner
  Sent: Tuesday, August 09, 2011 12:37 PM
  

  
      To: videolib@lists.berkeley.edu
  Subject: Re: [Videolib] Public Performance
  Rights in Academic Libraries

  
  

   
  Um
are you saying it is OK to use a "reproduction of a
legal copy" ?  That would actually be a bootleg or
pirate copy which is not legal. Copying is one of
the exclusive rights of the copyright holder and I
don't want to get bogged down on the exemption of
making and archive copy of an original that is

Re: [Videolib] Public Performance Rights in Academic Libraries

[Jessica Rosner]

I hope so Michael, but my experience per below has not been a happy one.

On Tue, Aug 9, 2011 at 8:42 PM, Brewer, Michael <
brew...@u.library.arizona.edu> wrote:

> I feel like it is more likely that people will get to the fine print, notes
> (which are included on the PDF copy) than to the text of the copyright law.
>  I would rather try to educate than throw up my hands, or provide so much
> detail that no one uses my educational tools.  I personally feel like I've
> found a good middle ground.
> mb
> On Aug 9, 2011, at 4:10 PM, Jessica Rosner wrote:
>
> I think is may be a timing /format issue for me Michael. I am concerned
> because click number #2 goes to the bit about copy or "legal reproduction" .
> My fear is that is so large and out there people may not get to the fine
> print. Per my recent post when the major academic studies organization is
> claiming off air and material borrowed from friends are "legal" copies one
> gets extra sensitive. I would feel better if the reference to "reproduction
> of legal copy" included a caveat that this was only for the purpose of clips
> and not an entire work right at the get go.
>
> On Tue, Aug 9, 2011 at 7:03 PM, Brewer, Michael <
> brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu>>
> wrote:
> In order to stream a film, one must make a digital reproduction to change
> the format.  That would be legal, either due to the 1201 rules, or 110(2) if
> it is a VHS to digital reproduction.  One could also argue that there are
> other situations where a reproduction would be legal (though perhaps only
> for certain purposes or in certain contexts, like the use of a legal
> reproduction made under section 108 if it is analog or if it is digital and
> is not made available to the  public outside the library).
>
> I think I make it pretty clear in the examples, though, what I am talking
> about:
>
> Examples: 1) If you're screening a film in class, you should not use a
> dubbed copy.* Use a legally acquired copy. 2) If you're streaming portions
> of a film (under TEACH), the copy from which the streaming files are created
> must be a legal one.
>
> And this as well:
>
>
>  *   Bottom Line: If you are unsure of whether or not your copy is legal or
> was legally obtained (e.g. it's a DVD-R of a popular film with no case or
> studio information printed on it), you should check with a librarian or a
> copyright specialist.
> Not sure how I could be any more clear than this.
>
> mb
>
>
>
>
> Michael Brewer
> Team Leader for Instructional Services
> University of Arizona Libraries
> brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu>
>
> From: videolib-boun...@lists.berkeley.edu videolib-boun...@lists.berkeley.edu> [mailto:
> videolib-boun...@lists.berkeley.edu videolib-boun...@lists.berkeley.edu>] On Behalf Of Jessica Rosner
> Sent: Tuesday, August 09, 2011 3:09 PM
>
> To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu>
> Subject: Re: [Videolib] Public Performance Rights in Academic Libraries
>
>
> No the tool asks if it is a legal copy or a "REPRODUCTION OF A LEGAL COPY "
> on the 2nd click in to the link you posted.It<http://posted.It> does not
> appear to me to offer any explanation for why a "reproduction" would be
> legal.to<http://legal.to/> me that is going to lead to a lot of confusion
> even if later on it tells you to go directly to 110.
>
> Is this a typo, a mistake or can you simply add an asterisk next to
> "reproduction" explaining that you can make copies of CLIPS under certain
> circumstances.
>
> I  am not trying to play with semantics here, because when you have others
> claiming that for instance anything taped off TV can be used indefinately
> and it is pretty much not your responsibility to know what is legal or not (
> "best uses " document issued by Society for Cinema & Media Studies) rights
> holders do get concerned. I know you are trying to follow copyright law so
> if you think I am misreading this let me know.
> On Tue, Aug 9, 2011 at 5:50 PM, Brewer, Michael <
> brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu>>
> wrote:
> The tool asks if the copy is a legal one.  If you say “no” then it notes
> that the copy must be legal. It also provides a note with a lot of
> information about what is or is not legal, etc.  Not sure how much more I
> could add in to the tool (a lie detector app?).  Also, the latest LOC 1201
> rules have been incorporated into this tool (so it allows for reformatting
> for 110 uses).
> mb
>
> Michael Brewer
> Team Leader for Instr

Re: [Videolib] Public Performance Rights in Academic Libraries

[Brewer, Michael]

I feel like it is more likely that people will get to the fine print, notes 
(which are included on the PDF copy) than to the text of the copyright law.  I 
would rather try to educate than throw up my hands, or provide so much detail 
that no one uses my educational tools.  I personally feel like I've found a 
good middle ground.
mb
On Aug 9, 2011, at 4:10 PM, Jessica Rosner wrote:

I think is may be a timing /format issue for me Michael. I am concerned because 
click number #2 goes to the bit about copy or "legal reproduction" . My fear is 
that is so large and out there people may not get to the fine print. Per my 
recent post when the major academic studies organization is claiming off air 
and material borrowed from friends are "legal" copies one gets extra sensitive. 
I would feel better if the reference to "reproduction of legal copy" included a 
caveat that this was only for the purpose of clips and not an entire work right 
at the get go.

On Tue, Aug 9, 2011 at 7:03 PM, Brewer, Michael 
mailto:brew...@u.library.arizona.edu>> wrote:
In order to stream a film, one must make a digital reproduction to change the 
format.  That would be legal, either due to the 1201 rules, or 110(2) if it is 
a VHS to digital reproduction.  One could also argue that there are other 
situations where a reproduction would be legal (though perhaps only for certain 
purposes or in certain contexts, like the use of a legal reproduction made 
under section 108 if it is analog or if it is digital and is not made available 
to the  public outside the library).

I think I make it pretty clear in the examples, though, what I am talking about:

Examples: 1) If you're screening a film in class, you should not use a dubbed 
copy.* Use a legally acquired copy. 2) If you're streaming portions of a film 
(under TEACH), the copy from which the streaming files are created must be a 
legal one.

And this as well:


  *   Bottom Line: If you are unsure of whether or not your copy is legal or 
was legally obtained (e.g. it's a DVD-R of a popular film with no case or 
studio information printed on it), you should check with a librarian or a 
copyright specialist.
Not sure how I could be any more clear than this.

mb




Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu>

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 Jessica Rosner
Sent: Tuesday, August 09, 2011 3:09 PM

To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu>
Subject: Re: [Videolib] Public Performance Rights in Academic Libraries


No the tool asks if it is a legal copy or a "REPRODUCTION OF A LEGAL COPY " on 
the 2nd click in to the link you posted.It<http://posted.It> does not appear to 
me to offer any explanation for why a "reproduction" would be 
legal.to<http://legal.to/> me that is going to lead to a lot of confusion even 
if later on it tells you to go directly to 110.

Is this a typo, a mistake or can you simply add an asterisk next to 
"reproduction" explaining that you can make copies of CLIPS under certain 
circumstances.

I  am not trying to play with semantics here, because when you have others 
claiming that for instance anything taped off TV can be used indefinately and 
it is pretty much not your responsibility to know what is legal or not ( "best 
uses " document issued by Society for Cinema & Media Studies) rights holders do 
get concerned. I know you are trying to follow copyright law so if you think I 
am misreading this let me know.
On Tue, Aug 9, 2011 at 5:50 PM, Brewer, Michael 
mailto:brew...@u.library.arizona.edu>> wrote:
The tool asks if the copy is a legal one.  If you say “no” then it notes that 
the copy must be legal. It also provides a note with a lot of information about 
what is or is not legal, etc.  Not sure how much more I could add in to the 
tool (a lie detector app?).  Also, the latest LOC 1201 rules have been 
incorporated into this tool (so it allows for reformatting for 110 uses).
mb

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu>

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 Jessica Rosner
Sent: Tuesday, August 09, 2011 12:55 PM

To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu>
Subject: Re: [Videolib] Public Performance Rights in Academic Libraries

I agree, but it does not seem that this qualification of a "copy" is limited to 
clip

Re: [Videolib] Public Performance Rights in Academic Libraries

[Jessica Rosner]

I think is may be a timing /format issue for me Michael. I am concerned
because click number #2 goes to the bit about copy or "legal reproduction" .
My fear is that is so large and out there people may not get to the fine
print. Per my recent post when the major academic studies organization is
claiming off air and material borrowed from friends are "legal" copies one
gets extra sensitive. I would feel better if the reference to "reproduction
of legal copy" included a caveat that this was only for the purpose of clips
and not an entire work right at the get go.

On Tue, Aug 9, 2011 at 7:03 PM, Brewer, Michael <
brew...@u.library.arizona.edu> wrote:

>  In order to stream a film, one must make a digital reproduction to change
> the format.  That would be legal, either due to the 1201 rules, or 110(2) if
> it is a VHS to digital reproduction.  One could also argue that there are
> other situations where a reproduction would be legal (though perhaps only
> for certain purposes or in certain contexts, like the use of a legal
> reproduction made under section 108 if it is analog or if it is digital and
> is not made available to the  public outside the library).  
>
> ** **
>
> I think I make it pretty clear in the examples, though, what I am talking
> about:
>
> ** **
>
> *Examples: 1)* If you're screening a film in class, you should *not* use a
> dubbed copy.*** Use a legally acquired copy. *2)* If you're streaming
> portions of a film (under TEACH), the copy from which the streaming files
> are created must be a legal one.
>
> ** **
>
> And this as well:
>
> ** **
>
>- *Bottom Line:* If you are unsure of whether or not your copy is legal
>or was legally obtained (e.g. it's a DVD-R of a popular film with no case 
> or
>studio information printed on it), you should check with a librarian or a
>copyright specialist.
>
> Not sure how I could be any more clear than this. 
>
> ** **
>
> mb
>
> ** **
>
> ** **
>
> ** **
>
> ** **
>
> Michael Brewer
>
> Team Leader for Instructional Services
>
> University of Arizona Libraries
>
> brew...@u.library.arizona.edu
>
> ** **
>
> *From:* videolib-boun...@lists.berkeley.edu [mailto:
> videolib-boun...@lists.berkeley.edu] *On Behalf Of *Jessica Rosner
> *Sent:* Tuesday, August 09, 2011 3:09 PM
>
> *To:* videolib@lists.berkeley.edu
> *Subject:* Re: [Videolib] Public Performance Rights in Academic Libraries*
> ***
>
> ** **
>
> No the tool asks if it is a legal copy or a "REPRODUCTION OF A LEGAL COPY "
> on the 2nd click in to the link you posted.It does not appear to me to offer
> any explanation for why a "reproduction" would be legal.to me that is
> going to lead to a lot of confusion even if later on it tells you to go
> directly to 110.
>
> Is this a typo, a mistake or can you simply add an asterisk next to
> "reproduction" explaining that you can make copies of CLIPS under certain
> circumstances.
>
> I  am not trying to play with semantics here, because when you have others
> claiming that for instance anything taped off TV can be used indefinately
> and it is pretty much not your responsibility to know what is legal or not (
> "best uses " document issued by Society for Cinema & Media Studies) rights
> holders do get concerned. I know you are trying to follow copyright law so
> if you think I am misreading this let me know.
>
> On Tue, Aug 9, 2011 at 5:50 PM, Brewer, Michael <
> brew...@u.library.arizona.edu> wrote:
>
> The tool asks if the copy is a legal one.  If you say “no” then it notes
> that the copy must be legal. It also provides a note with a lot of
> information about what is or is not legal, etc.  Not sure how much more I
> could add in to the tool (a lie detector app?).  Also, the latest LOC 1201
> rules have been incorporated into this tool (so it allows for reformatting
> for 110 uses). 
>
> mb
>
>  ****
>
> Michael Brewer
>
> Team Leader for Instructional Services
>
> University of Arizona Libraries
>
> brew...@u.library.arizona.edu
>
>  
>
> *From:* videolib-boun...@lists.berkeley.edu [mailto:
> videolib-boun...@lists.berkeley.edu] *On Behalf Of *Jessica Rosner
> *Sent:* Tuesday, August 09, 2011 12:55 PM
>
>
> *To:* videolib@lists.berkeley.edu
> *Subject:* Re: [Videolib] Public Performance Rights in Academic Libraries*
> ***
>
>  
>
> I agree, but it does not seem that this qualification of a "copy" is
> limited to clips ( FYI it is NOT limited to streaming) and could lead to
> m

Re: [Videolib] Public Performance Rights in Academic Libraries

[Brewer, Michael]

In order to stream a film, one must make a digital reproduction to change the 
format.  That would be legal, either due to the 1201 rules, or 110(2) if it is 
a VHS to digital reproduction.  One could also argue that there are other 
situations where a reproduction would be legal (though perhaps only for certain 
purposes or in certain contexts, like the use of a legal reproduction made 
under section 108 if it is analog or if it is digital and is not made available 
to the  public outside the library).

I think I make it pretty clear in the examples, though, what I am talking about:

Examples: 1) If you're screening a film in class, you should not use a dubbed 
copy.* Use a legally acquired copy. 2) If you're streaming portions of a film 
(under TEACH), the copy from which the streaming files are created must be a 
legal one.

And this as well:


  *   Bottom Line: If you are unsure of whether or not your copy is legal or 
was legally obtained (e.g. it's a DVD-R of a popular film with no case or 
studio information printed on it), you should check with a librarian or a 
copyright specialist.
Not sure how I could be any more clear than this.

mb




Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu>

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner
Sent: Tuesday, August 09, 2011 3:09 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Public Performance Rights in Academic Libraries

No the tool asks if it is a legal copy or a "REPRODUCTION OF A LEGAL COPY " on 
the 2nd click in to the link you posted.It does not appear to me to offer any 
explanation for why a "reproduction" would be legal.to<http://legal.to> me that 
is going to lead to a lot of confusion even if later on it tells you to go 
directly to 110.

Is this a typo, a mistake or can you simply add an asterisk next to 
"reproduction" explaining that you can make copies of CLIPS under certain 
circumstances.

I  am not trying to play with semantics here, because when you have others 
claiming that for instance anything taped off TV can be used indefinately and 
it is pretty much not your responsibility to know what is legal or not ( "best 
uses " document issued by Society for Cinema & Media Studies) rights holders do 
get concerned. I know you are trying to follow copyright law so if you think I 
am misreading this let me know.
On Tue, Aug 9, 2011 at 5:50 PM, Brewer, Michael 
mailto:brew...@u.library.arizona.edu>> wrote:
The tool asks if the copy is a legal one.  If you say "no" then it notes that 
the copy must be legal. It also provides a note with a lot of information about 
what is or is not legal, etc.  Not sure how much more I could add in to the 
tool (a lie detector app?).  Also, the latest LOC 1201 rules have been 
incorporated into this tool (so it allows for reformatting for 110 uses).
mb

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu>

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 Jessica Rosner
Sent: Tuesday, August 09, 2011 12:55 PM

To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu>
Subject: Re: [Videolib] Public Performance Rights in Academic Libraries

I agree, but it does not seem that this qualification of a "copy" is limited to 
clips ( FYI it is NOT limited to streaming) and could lead to major confusion.
This is a sensitive issue because SCMS and others "academics" have pretty much 
claimed "any" copy is legal including one made by a friend off TV 5 years ago 
and then digitized. Believe it or not I am not trying to be difficult but is it 
clear that the copy of the legal copy is only clips and not whole films under 
"face to face"?
On Tue, Aug 9, 2011 at 3:46 PM, Brewer, Michael 
mailto:brew...@u.library.arizona.edu>> wrote:
In order to stream a "limited and reasonable portion" of a film, which is 
allowable under 110(2) under the conditions provided in the tool (and we've 
been over this before on this listerv), you  have to create a digital copy of 
that portion of the work.
mb

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu>

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 Jessica Rosner
Sent: Tuesday, August 09, 2011 12:37 PM

To: videolib@lists.berkel

Re: [Videolib] Public Performance Rights in Academic Libraries

[Jessica Rosner]

Actually if you read the whole thing. SCMS claims the right to use any
program ever broadcast for as long as you want and further claims you can
use any copy borrowed from any source and you would only need to worry if
you "knew" the copy was illegal so your friend Bob loaning you a VHS he
taped off TV OR copied from a rental would not be considered illegal unless
he basically said " here is an illegal copy"

I got into a notorious shouting match with someone very involved in this
 "best practices" document,  academic media and "preservation" and  ( FYI
the same party who told a librarian NOT to check with a copyright holder re
holdings as the rights holder might object to material being copied) who
basically said it was the owners fault if a film was not available and
academics were entitled to use a copy anyway they could get it.

Again this was not a rogue academic but a "leader" in academic media. You
might understand why I am a wee sensitive about this.

On Tue, Aug 9, 2011 at 6:48 PM, Brown, Roger  wrote:

> I believe this is the document in question that Jessica Rosner refers to,
> re the SCMS take on broadcast recording:
>
> digital.lib.pdx.edu/resources/SCMSBestPracticesforFairUseinTeaching-Final.p
> df
>
> It is from 2007, increasingly out of date based on present digital
> concerns, and to the chagrin of some it does not embrace Kastenmeier's
> 1979 limitations for fair use (only portions, 10%, etc.). Per their name,
> SCMS generally supports the relatively unencumbered reuse of clips,
> stills, etc. for criticism, analysis and education. Their document is
> geared towards scholars rather than public performance questions.
>
>
>
> - -
> Roger Brown
> Manager
> UCLA Instructional Media Collections & Services
> 46 Powell Library
> Los Angeles, CA  90095-1517
> office: 310-206-1248
> fax: 310-206-5392
> rbr...@oid.ucla.edu
>
>
>
>
>
> On
> >
> >   1. Re: Public Performance Rights in Academic Libraries
> >  (Jessica Rosner)
> >
> >
> >--------------
> >
> >Message: 1
> >Date: Tue, 9 Aug 2011 18:09:17 -0400
> >From: Jessica Rosner 
> >Subject: Re: [Videolib] Public Performance Rights in Academic
> >Libraries
> >To: videolib@lists.berkeley.edu
> >Message-ID:
> >
> >
> >Content-Type: text/plain; charset="windows-1252"
> >
> >No the tool asks if it is a legal copy or a "REPRODUCTION OF A LEGAL COPY
> >"
> >on the 2nd click in to the link you posted.It does not appear to me to
> >offer
> >any explanation for why a "reproduction" would be legal.to me that is
> >going
> >to lead to a lot of confusion even if later on it tells you to go directly
> >to 110.
> >
> >Is this a typo, a mistake or can you simply add an asterisk next to
> >"reproduction" explaining that you can make copies of CLIPS under certain
> >circumstances.
> >
> >I  am not trying to play with semantics here, because when you have others
> >claiming that for instance anything taped off TV can be used indefinately
> >and it is pretty much not your responsibility to know what is legal or
> >not (
> >"best uses " document issued by Society for Cinema & Media Studies) rights
> >holders do get concerned. I know you are trying to follow copyright law so
> >if you think I am misreading this let me know.
> >
> >On Tue, Aug 9, 2011 at 5:50 PM, Brewer, Michael <
> >brew...@u.library.arizona.edu> wrote:
> >
> >>  The tool asks if the copy is a legal one.  If you say ?no? then it
> >>notes
> >> that the copy must be legal. It also provides a note with a lot of
> >> information about what is or is not legal, etc.  Not sure how much more
> >>I
> >> could add in to the tool (a lie detector app?).  Also, the latest LOC
> >>1201
> >> rules have been incorporated into this tool (so it allows for
> >>reformatting
> >> for 110 uses). 
> >>
> >> mb
> >>
> >> ** **
> >>
> >> Michael Brewer
> >>
> >> Team Leader for Instructional Services
> >>
> >> University of Arizona Libraries
> >>
> >> brew...@u.library.arizona.edu
> >>
> >> ** **
> >>
> >> *From:* videolib-boun...@lists.berkeley.edu [mailto:
> >> videolib-boun...@lists.berkeley.edu] *On Behalf Of *Jessica Rosner
> >> *Sent:* Tuesday, August 09, 2011 12:55 PM
> >>
> >> *To:* videolib@lists.berkele

Re: [Videolib] Public Performance Rights in Academic Libraries

[Brown, Roger]

I believe this is the document in question that Jessica Rosner refers to,
re the SCMS take on broadcast recording:

digital.lib.pdx.edu/resources/SCMSBestPracticesforFairUseinTeaching-Final.p
df

It is from 2007, increasingly out of date based on present digital
concerns, and to the chagrin of some it does not embrace Kastenmeier's
1979 limitations for fair use (only portions, 10%, etc.). Per their name,
SCMS generally supports the relatively unencumbered reuse of clips,
stills, etc. for criticism, analysis and education. Their document is
geared towards scholars rather than public performance questions.



- - 
Roger Brown
Manager
UCLA Instructional Media Collections & Services
46 Powell Library
Los Angeles, CA  90095-1517
office: 310-206-1248
fax: 310-206-5392
rbr...@oid.ucla.edu





On
>
>   1. Re: Public Performance Rights in Academic Libraries
>  (Jessica Rosner)
>
>
>--
>
>Message: 1
>Date: Tue, 9 Aug 2011 18:09:17 -0400
>From: Jessica Rosner 
>Subject: Re: [Videolib] Public Performance Rights in Academic
>Libraries
>To: videolib@lists.berkeley.edu
>Message-ID:
>
>
>Content-Type: text/plain; charset="windows-1252"
>
>No the tool asks if it is a legal copy or a "REPRODUCTION OF A LEGAL COPY
>"
>on the 2nd click in to the link you posted.It does not appear to me to
>offer
>any explanation for why a "reproduction" would be legal.to me that is
>going
>to lead to a lot of confusion even if later on it tells you to go directly
>to 110.
>
>Is this a typo, a mistake or can you simply add an asterisk next to
>"reproduction" explaining that you can make copies of CLIPS under certain
>circumstances.
>
>I  am not trying to play with semantics here, because when you have others
>claiming that for instance anything taped off TV can be used indefinately
>and it is pretty much not your responsibility to know what is legal or
>not (
>"best uses " document issued by Society for Cinema & Media Studies) rights
>holders do get concerned. I know you are trying to follow copyright law so
>if you think I am misreading this let me know.
>
>On Tue, Aug 9, 2011 at 5:50 PM, Brewer, Michael <
>brew...@u.library.arizona.edu> wrote:
>
>>  The tool asks if the copy is a legal one.  If you say ?no? then it
>>notes
>> that the copy must be legal. It also provides a note with a lot of
>> information about what is or is not legal, etc.  Not sure how much more
>>I
>> could add in to the tool (a lie detector app?).  Also, the latest LOC
>>1201
>> rules have been incorporated into this tool (so it allows for
>>reformatting
>> for 110 uses). 
>>
>> mb
>>
>> ** **
>>
>> Michael Brewer
>>
>> Team Leader for Instructional Services
>>
>> University of Arizona Libraries****
>>
>> brew...@u.library.arizona.edu
>>
>> ** **
>>
>> *From:* videolib-boun...@lists.berkeley.edu [mailto:
>> videolib-boun...@lists.berkeley.edu] *On Behalf Of *Jessica Rosner
>> *Sent:* Tuesday, August 09, 2011 12:55 PM
>>
>> *To:* videolib@lists.berkeley.edu
>> *Subject:* Re: [Videolib] Public Performance Rights in Academic
>>Libraries*
>> ***
>>
>> ** **
>>
>> I agree, but it does not seem that this qualification of a "copy" is
>> limited to clips ( FYI it is NOT limited to streaming) and could lead to
>> major confusion.
>> This is a sensitive issue because SCMS and others "academics" have
>>pretty
>> much claimed "any" copy is legal including one made by a friend off TV 5
>> years ago and then digitized. Believe it or not I am not trying to be
>> difficult but is it clear that the copy of the legal copy is only clips
>>and
>> not whole films under "face to face"?
>>
>> On Tue, Aug 9, 2011 at 3:46 PM, Brewer, Michael <
>> brew...@u.library.arizona.edu> wrote:
>>
>> In order to stream a ?limited and reasonable portion? of a film, which
>>is
>> allowable under 110(2) under the conditions provided in the tool (and
>>we?ve
>> been over this before on this listerv), you  have to create a digital
>>copy
>> of that portion of the work.  


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] Public Performance Rights in Academic Libraries

[Jessica Rosner]

No the tool asks if it is a legal copy or a "REPRODUCTION OF A LEGAL COPY "
on the 2nd click in to the link you posted.It does not appear to me to offer
any explanation for why a "reproduction" would be legal.to me that is going
to lead to a lot of confusion even if later on it tells you to go directly
to 110.

Is this a typo, a mistake or can you simply add an asterisk next to
"reproduction" explaining that you can make copies of CLIPS under certain
circumstances.

I  am not trying to play with semantics here, because when you have others
claiming that for instance anything taped off TV can be used indefinately
and it is pretty much not your responsibility to know what is legal or not (
"best uses " document issued by Society for Cinema & Media Studies) rights
holders do get concerned. I know you are trying to follow copyright law so
if you think I am misreading this let me know.

On Tue, Aug 9, 2011 at 5:50 PM, Brewer, Michael <
brew...@u.library.arizona.edu> wrote:

>  The tool asks if the copy is a legal one.  If you say “no” then it notes
> that the copy must be legal. It also provides a note with a lot of
> information about what is or is not legal, etc.  Not sure how much more I
> could add in to the tool (a lie detector app?).  Also, the latest LOC 1201
> rules have been incorporated into this tool (so it allows for reformatting
> for 110 uses). 
>
> mb
>
> ** **
>
> Michael Brewer
>
> Team Leader for Instructional Services
>
> University of Arizona Libraries
>
> brew...@u.library.arizona.edu
>
> ** **
>
> *From:* videolib-boun...@lists.berkeley.edu [mailto:
> videolib-boun...@lists.berkeley.edu] *On Behalf Of *Jessica Rosner
> *Sent:* Tuesday, August 09, 2011 12:55 PM
>
> *To:* videolib@lists.berkeley.edu
> *Subject:* Re: [Videolib] Public Performance Rights in Academic Libraries*
> ***
>
> ** **
>
> I agree, but it does not seem that this qualification of a "copy" is
> limited to clips ( FYI it is NOT limited to streaming) and could lead to
> major confusion.
> This is a sensitive issue because SCMS and others "academics" have pretty
> much claimed "any" copy is legal including one made by a friend off TV 5
> years ago and then digitized. Believe it or not I am not trying to be
> difficult but is it clear that the copy of the legal copy is only clips and
> not whole films under "face to face"?
>
> On Tue, Aug 9, 2011 at 3:46 PM, Brewer, Michael <
> brew...@u.library.arizona.edu> wrote:
>
> In order to stream a “limited and reasonable portion” of a film, which is
> allowable under 110(2) under the conditions provided in the tool (and we’ve
> been over this before on this listerv), you  have to create a digital copy
> of that portion of the work.  
>
> mb  
>
>  
>
> Michael Brewer
>
> Team Leader for Instructional Services
>
> University of Arizona Libraries
>
> brew...@u.library.arizona.edu****
>
>  
>
> *From:* videolib-boun...@lists.berkeley.edu [mailto:
> videolib-boun...@lists.berkeley.edu] *On Behalf Of *Jessica Rosner
> *Sent:* Tuesday, August 09, 2011 12:37 PM
>
>
> *To:* videolib@lists.berkeley.edu
> *Subject:* Re: [Videolib] Public Performance Rights in Academic Libraries*
> ***
>
>  
>
> Um are you saying it is OK to use a "reproduction of a legal copy" ?  That
> would actually be a bootleg or pirate copy which is not legal. Copying is
> one of the exclusive rights of the copyright holder and I don't want to get
> bogged down on the exemption of making and archive copy of an original that
> is physical danger since you can't use  those in classes anyway. Could  you
> please clarify this?
>
> On Tue, Aug 9, 2011 at 3:17 PM, Brewer, Michael <
> brew...@u.library.arizona.edu> wrote:
>
> Just a plug for the eTool for Instructors, which can help you determine
> whether or not your performance/display falls under either portion of
> Section 110 and then collect the information you would need to support that
> performance/display in PDF format. 
>
>  
>
> http://librarycopyright.net/etool/ 
>
>  
>
> mb****
>
>  ****
>
> Michael Brewer
>
> Team Leader for Instructional Services
>
> University of Arizona Libraries
>
> brew...@u.library.arizona.edu
>
>  
>
> *From:* videolib-boun...@lists.berkeley.edu [mailto:
> videolib-boun...@lists.berkeley.edu] *On Behalf Of *Jessica Rosner
> *Sent:* Tuesday, August 09, 2011 9:11 AM
>
>
> *To:* videolib@lists.berkeley.edu
>
> *Subject:* Re: [Videolib] Public Performance Rights 

Re: [Videolib] Public Performance Rights in Academic Libraries

[Brewer, Michael]

The tool asks if the copy is a legal one.  If you say "no" then it notes that 
the copy must be legal. It also provides a note with a lot of information about 
what is or is not legal, etc.  Not sure how much more I could add in to the 
tool (a lie detector app?).  Also, the latest LOC 1201 rules have been 
incorporated into this tool (so it allows for reformatting for 110 uses).
mb

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu>

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner
Sent: Tuesday, August 09, 2011 12:55 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Public Performance Rights in Academic Libraries

I agree, but it does not seem that this qualification of a "copy" is limited to 
clips ( FYI it is NOT limited to streaming) and could lead to major confusion.
This is a sensitive issue because SCMS and others "academics" have pretty much 
claimed "any" copy is legal including one made by a friend off TV 5 years ago 
and then digitized. Believe it or not I am not trying to be difficult but is it 
clear that the copy of the legal copy is only clips and not whole films under 
"face to face"?
On Tue, Aug 9, 2011 at 3:46 PM, Brewer, Michael 
mailto:brew...@u.library.arizona.edu>> wrote:
In order to stream a "limited and reasonable portion" of a film, which is 
allowable under 110(2) under the conditions provided in the tool (and we've 
been over this before on this listerv), you  have to create a digital copy of 
that portion of the work.
mb

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu>

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 Jessica Rosner
Sent: Tuesday, August 09, 2011 12:37 PM

To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu>
Subject: Re: [Videolib] Public Performance Rights in Academic Libraries

Um are you saying it is OK to use a "reproduction of a legal copy" ?  That 
would actually be a bootleg or pirate copy which is not legal. Copying is one 
of the exclusive rights of the copyright holder and I don't want to get bogged 
down on the exemption of making and archive copy of an original that is 
physical danger since you can't use  those in classes anyway. Could  you please 
clarify this?
On Tue, Aug 9, 2011 at 3:17 PM, Brewer, Michael 
mailto:brew...@u.library.arizona.edu>> wrote:
Just a plug for the eTool for Instructors, which can help you determine whether 
or not your performance/display falls under either portion of Section 110 and 
then collect the information you would need to support that performance/display 
in PDF format.

http://librarycopyright.net/etool/

mb

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu>

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 Jessica Rosner
Sent: Tuesday, August 09, 2011 9:11 AM

To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu>
Subject: Re: [Videolib] Public Performance Rights in Academic Libraries

Again this is one of the parts of copyright law that is very clear. In general 
any showing outside of home/personal setting is considered a  public 
performance and requires a license/ permission from the  rights holder. The one 
exception is the "face to face " teaching exemption, this allows full length 
films to be used in classes under the following conditions, the film is shown 
in a classroom or similar place of instruction, an instructor is present, the 
film is part of a course syllabus and the only students allowed to view a film 
are students enrolled in the course. Bottom line you can show the film in a 
"real" class, any other screenings on campus even if they are for "educational 
purposes" do not charge admission, are not open to anyone off campus etc ARE in 
fact public performances that require a license. I have heard every excuse in 
the book over the years. In many cases they are from people or groups who are 
genuinely ignorant of the law which while not a legal defense makes me a little 
more inclined not to throw the book at them, but there are also people who very 
deliberately break the law claiming everything from "they are helping more 
people see the movie" to it is really a "class" it just has no syllabus, 
papers, 

Re: [Videolib] Public Performance Rights in Academic Libraries

[Jessica Rosner]

Per the LOC decision last year you can convert a portion of work without
permission. Basically there was a clash between two separate laws "fair use"
which allows you to use limited portions (clips) and the DMCA which said you
needed permission to break encryption so LOC broadened the law to allow
copying of a portion that would otherwise fall under fair use.

Also this is NOT just for streaming but also for regular face to face use as
well.

On Tue, Aug 9, 2011 at 4:12 PM, Jeanne Little  wrote:

> **
> But in order to convert a title to streaming media, you have to have
> permission to change it's format.
>
> Jeanne
>
>
> On 8/9/2011 2:46 PM, Brewer, Michael wrote:
>
>  In order to stream a “limited and reasonable portion” of a film, which is
> allowable under 110(2) under the conditions provided in the tool (and we’ve
> been over this before on this listerv), you  have to create a digital copy
> of that portion of the work.  
>
> mb  
>
> ** **
>
> Michael Brewer
>
> Team Leader for Instructional Services
>
> University of Arizona Libraries
>
> brew...@u.library.arizona.edu
>
> ** **
>
> *From:* videolib-boun...@lists.berkeley.edu [
> mailto:videolib-boun...@lists.berkeley.edu]
> *On Behalf Of *Jessica Rosner
> *Sent:* Tuesday, August 09, 2011 12:37 PM
> *To:* videolib@lists.berkeley.edu
> *Subject:* Re: [Videolib] Public Performance Rights in Academic Libraries*
> ***
>
> ** **
>
> Um are you saying it is OK to use a "reproduction of a legal copy" ?  That
> would actually be a bootleg or pirate copy which is not legal. Copying is
> one of the exclusive rights of the copyright holder and I don't want to get
> bogged down on the exemption of making and archive copy of an original that
> is physical danger since you can't use  those in classes anyway. Could  you
> please clarify this?
>
> On Tue, Aug 9, 2011 at 3:17 PM, Brewer, Michael <
> brew...@u.library.arizona.edu> wrote:
>
> Just a plug for the eTool for Instructors, which can help you determine
> whether or not your performance/display falls under either portion of
> Section 110 and then collect the information you would need to support that
> performance/display in PDF format. 
>
>  
>
> http://librarycopyright.net/etool/ 
>
>  
>
> mb
>
>  
>
> Michael Brewer
>
> Team Leader for Instructional Services
>
> University of Arizona Libraries
>
> brew...@u.library.arizona.edu****
>
>  ****
>
> *From:* videolib-boun...@lists.berkeley.edu [mailto:
> videolib-boun...@lists.berkeley.edu] *On Behalf Of *Jessica Rosner
> *Sent:* Tuesday, August 09, 2011 9:11 AM
>
>
> *To:* videolib@lists.berkeley.edu
>
> *Subject:* Re: [Videolib] Public Performance Rights in Academic Libraries*
> ***
>
>  
>
> Again this is one of the parts of copyright law that is very clear. In
> general any showing outside of home/personal setting is considered a  public
> performance and requires a license/ permission from the  rights holder. The
> one exception is the "face to face " teaching exemption, this allows full
> length films to be used in classes under the following conditions, the film
> is shown in a classroom or similar place of instruction, an instructor is
> present, the film is part of a course syllabus and the only students allowed
> to view a film are students enrolled in the course. Bottom line you can show
> the film in a "real" class, any other screenings on campus even if they are
> for "educational purposes" do not charge admission, are not open to anyone
> off campus etc ARE in fact public performances that require a license. I
> have heard every excuse in the book over the years. In many cases they are
> from people or groups who are genuinely ignorant of the law which while not
> a legal defense makes me a little more inclined not to throw the book at
> them, but there are also people who very deliberately break the law claiming
> everything from "they are helping more people see the movie" to it is really
> a "class" it just has no syllabus, papers, instructor or class sessions
> outside of the film showings.
>
> Again this is not much of a gray. Technically even something like an
> academic conference would not be considered face to face as it is not a
> specific class of enrolled students though most companies are happy to waive
> this.
>
> Bottom line is that the film showing is  part of  aregular , real class,
> limited to students specifically enrolled in that class and shown in a
> classroom or similar room it is covered by the face to face exemption,
&

Re: [Videolib] Public Performance Rights in Academic Libraries

[Jeanne Little]

  
  
But in order to convert a title to streaming media, you have to have
permission to change it's format.

Jeanne

On 8/9/2011 2:46 PM, Brewer, Michael wrote:

  
  
  
  
In order to stream a “limited and reasonable
portion” of a film, which is allowable under 110(2) under
the conditions provided in the tool (and we’ve been over
this before on this listerv), you  have to create a digital
copy of that portion of the work. 

mb 

 
Michael
Brewer
Team
Leader for Instructional Services
University
of Arizona Libraries
brew...@u.library.arizona.edu
 
From:
videolib-boun...@lists.berkeley.edu
[mailto:videolib-boun...@lists.berkeley.edu]
On Behalf Of Jessica Rosner
Sent: Tuesday, August 09, 2011 12:37 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Public Performance Rights in
    Academic Libraries
 
Um are you
  saying it is OK to use a "reproduction of a legal copy" ? 
  That would actually be a bootleg or pirate copy which is not
  legal. Copying is one of the exclusive rights of the copyright
  holder and I don't want to get bogged down on the exemption of
  making and archive copy of an original that is physical danger
  since you can't use  those in classes anyway. Could  you
  please clarify this?

  On Tue, Aug 9, 2011 at 3:17 PM, Brewer,
Michael <brew...@u.library.arizona.edu>
wrote:
  

  Just a plug for the
  eTool for Instructors, which can help you determine
  whether or not your performance/display falls under
  either portion of Section 110 and then collect the
  information you would need to support that
  performance/display in PDF format.

   
  http://librarycopyright.net/etool/

   
  mb
   
  
Michael
  Brewer
  
Team Leader
  for Instructional Services
  
University
  of Arizona Libraries
  brew...@u.library.arizona.edu
   
  From:
  videolib-boun...@lists.berkeley.edu
  [mailto:videolib-boun...@lists.berkeley.edu]
  On Behalf Of Jessica Rosner
  Sent: Tuesday, August 09, 2011 9:11 AM
  

To: videolib@lists.berkeley.edu
          
      Subject: Re: [Videolib] Public
      Performance Rights in Academic Libraries
  

   
  Again
this is one of the parts of copyright law that is
very clear. In general any showing outside of
home/personal setting is considered a  public
performance and requires a license/ permission from
the  rights holder. The one exception is the "face
to face " teaching exemption, this allows full
length films to be used in classes under the
following conditions, the film is shown in a
classroom or similar place of instruction, an
instructor is present, the film is part of a course
syllabus and the only students allowed to view a
film are students enrolled in the course. Bottom
line you can show the film in a "real" class, any
other screenings on campus even if they are for
"educational purposes" do not charge admission, are
not open to anyone off campus etc ARE in fact public
performances that require a license. I have heard
every excuse in the book over the years. In many
cases they are from people or groups who are
genuinely ignorant of the law which while not a
legal defense makes me a little more inclined not to
throw the book at them, but there are also people
who very deliberately break the law claiming
everything from "they are helping more people see
the movie" to it is really a "class" it just has no
syllabus, papers, instructor or class sessions
outside of the film sh

Re: [Videolib] Public Performance Rights in Academic Libraries

[Jessica Rosner]

I agree, but it does not seem that this qualification of a "copy" is limited
to clips ( FYI it is NOT limited to streaming) and could lead to major
confusion.
This is a sensitive issue because SCMS and others "academics" have pretty
much claimed "any" copy is legal including one made by a friend off TV 5
years ago and then digitized. Believe it or not I am not trying to be
difficult but is it clear that the copy of the legal copy is only clips and
not whole films under "face to face"?

On Tue, Aug 9, 2011 at 3:46 PM, Brewer, Michael <
brew...@u.library.arizona.edu> wrote:

>  In order to stream a “limited and reasonable portion” of a film, which is
> allowable under 110(2) under the conditions provided in the tool (and we’ve
> been over this before on this listerv), you  have to create a digital copy
> of that portion of the work.  
>
> mb  
>
> ** **
>
> Michael Brewer
>
> Team Leader for Instructional Services
>
> University of Arizona Libraries
>
> brew...@u.library.arizona.edu
>
> ** **
>
> *From:* videolib-boun...@lists.berkeley.edu [mailto:
> videolib-boun...@lists.berkeley.edu] *On Behalf Of *Jessica Rosner
> *Sent:* Tuesday, August 09, 2011 12:37 PM
>
> *To:* videolib@lists.berkeley.edu
> *Subject:* Re: [Videolib] Public Performance Rights in Academic Libraries*
> ***
>
> ** **
>
> Um are you saying it is OK to use a "reproduction of a legal copy" ?  That
> would actually be a bootleg or pirate copy which is not legal. Copying is
> one of the exclusive rights of the copyright holder and I don't want to get
> bogged down on the exemption of making and archive copy of an original that
> is physical danger since you can't use  those in classes anyway. Could  you
> please clarify this?
>
> On Tue, Aug 9, 2011 at 3:17 PM, Brewer, Michael <
> brew...@u.library.arizona.edu> wrote:
>
> Just a plug for the eTool for Instructors, which can help you determine
> whether or not your performance/display falls under either portion of
> Section 110 and then collect the information you would need to support that
> performance/display in PDF format. 
>
>  
>
> http://librarycopyright.net/etool/ 
>
>  
>
> mb
>
>  
>
> Michael Brewer
>
> Team Leader for Instructional Services
>
> University of Arizona Libraries
>
> brew...@u.library.arizona.edu
>
>  
>
> *From:* videolib-boun...@lists.berkeley.edu [mailto:
> videolib-boun...@lists.berkeley.edu] *On Behalf Of *Jessica Rosner
> *Sent:* Tuesday, August 09, 2011 9:11 AM
>
>
> *To:* videolib@lists.berkeley.edu
>
> *Subject:* Re: [Videolib] Public Performance Rights in Academic Libraries*
> ***
>
>  
>
> Again this is one of the parts of copyright law that is very clear. In
> general any showing outside of home/personal setting is considered a  public
> performance and requires a license/ permission from the  rights holder. The
> one exception is the "face to face " teaching exemption, this allows full
> length films to be used in classes under the following conditions, the film
> is shown in a classroom or similar place of instruction, an instructor is
> present, the film is part of a course syllabus and the only students allowed
> to view a film are students enrolled in the course. Bottom line you can show
> the film in a "real" class, any other screenings on campus even if they are
> for "educational purposes" do not charge admission, are not open to anyone
> off campus etc ARE in fact public performances that require a license. I
> have heard every excuse in the book over the years. In many cases they are
> from people or groups who are genuinely ignorant of the law which while not
> a legal defense makes me a little more inclined not to throw the book at
> them, but there are also people who very deliberately break the law claiming
> everything from "they are helping more people see the movie" to it is really
> a "class" it just has no syllabus, papers, instructor or class sessions
> outside of the film showings.
>
> Again this is not much of a gray. Technically even something like an
> academic conference would not be considered face to face as it is not a
> specific class of enrolled students though most companies are happy to waive
> this.
>
> Bottom line is that the film showing is  part of  aregular , real class,
> limited to students specifically enrolled in that class and shown in a
> classroom or similar room it is covered by the face to face exemption,
> ANYTHING else is a public performance.
>
> One side note. The number of students in

Re: [Videolib] Public Performance Rights in Academic Libraries

[Brewer, Michael]

In order to stream a "limited and reasonable portion" of a film, which is 
allowable under 110(2) under the conditions provided in the tool (and we've 
been over this before on this listerv), you  have to create a digital copy of 
that portion of the work.
mb

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu>

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner
Sent: Tuesday, August 09, 2011 12:37 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Public Performance Rights in Academic Libraries

Um are you saying it is OK to use a "reproduction of a legal copy" ?  That 
would actually be a bootleg or pirate copy which is not legal. Copying is one 
of the exclusive rights of the copyright holder and I don't want to get bogged 
down on the exemption of making and archive copy of an original that is 
physical danger since you can't use  those in classes anyway. Could  you please 
clarify this?
On Tue, Aug 9, 2011 at 3:17 PM, Brewer, Michael 
mailto:brew...@u.library.arizona.edu>> wrote:
Just a plug for the eTool for Instructors, which can help you determine whether 
or not your performance/display falls under either portion of Section 110 and 
then collect the information you would need to support that performance/display 
in PDF format.

http://librarycopyright.net/etool/

mb

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu>

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 Jessica Rosner
Sent: Tuesday, August 09, 2011 9:11 AM

To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu>
Subject: Re: [Videolib] Public Performance Rights in Academic Libraries

Again this is one of the parts of copyright law that is very clear. In general 
any showing outside of home/personal setting is considered a  public 
performance and requires a license/ permission from the  rights holder. The one 
exception is the "face to face " teaching exemption, this allows full length 
films to be used in classes under the following conditions, the film is shown 
in a classroom or similar place of instruction, an instructor is present, the 
film is part of a course syllabus and the only students allowed to view a film 
are students enrolled in the course. Bottom line you can show the film in a 
"real" class, any other screenings on campus even if they are for "educational 
purposes" do not charge admission, are not open to anyone off campus etc ARE in 
fact public performances that require a license. I have heard every excuse in 
the book over the years. In many cases they are from people or groups who are 
genuinely ignorant of the law which while not a legal defense makes me a little 
more inclined not to throw the book at them, but there are also people who very 
deliberately break the law claiming everything from "they are helping more 
people see the movie" to it is really a "class" it just has no syllabus, 
papers, instructor or class sessions outside of the film showings.

Again this is not much of a gray. Technically even something like an academic 
conference would not be considered face to face as it is not a specific class 
of enrolled students though most companies are happy to waive this.

Bottom line is that the film showing is  part of  aregular , real class, 
limited to students specifically enrolled in that class and shown in a 
classroom or similar room it is covered by the face to face exemption, ANYTHING 
else is a public performance.

One side note. The number of students in the class makes no difference. It is 
an intro class at a large school with 400 students it would still be covered by 
face to face.
On Tue, Aug 9, 2011 at 11:46 AM, Chris Markman 
mailto:cmark...@clarku.edu>> wrote:
As a matter of practicality, where is the cut off between public and private 
screenings in an academic setting? Is it the facilities, funding, advertising, 
intended audience, or all of the above?

Chris Markman
Resource Library Coordinator
Visual & Performing Arts
Clark University
508.793.7481
cmark...@clarku.edu<mailto:cmark...@clarku.edu>
On Tue, Aug 9, 2011 at 9:51 AM, Shoaf,Judith P 
mailto:jsh...@ufl.edu>> wrote:

This discussion reminded me of an event in my freshman year. Kenneth Clark's 
Civilisation series had recently been shown on TV, I think, but not many 
undergrads had (or cared to have, except maybe at 6 pm) television access. The 
university sponsored a showing of the series as films projected on the big 
screen--where the images were ravishi

Re: [Videolib] Public Performance Rights in Academic Libraries

[Jessica Rosner]

Um are you saying it is OK to use a "reproduction of a legal copy" ?  That
would actually be a bootleg or pirate copy which is not legal. Copying is
one of the exclusive rights of the copyright holder and I don't want to get
bogged down on the exemption of making and archive copy of an original that
is physical danger since you can't use  those in classes anyway. Could  you
please clarify this?

On Tue, Aug 9, 2011 at 3:17 PM, Brewer, Michael <
brew...@u.library.arizona.edu> wrote:

>  Just a plug for the eTool for Instructors, which can help you determine
> whether or not your performance/display falls under either portion of
> Section 110 and then collect the information you would need to support that
> performance/display in PDF format. 
>
> ** **
>
> http://librarycopyright.net/etool/ 
>
> ** **
>
> mb
>
> ** **
>
> Michael Brewer
>
> Team Leader for Instructional Services
>
> University of Arizona Libraries
>
> brew...@u.library.arizona.edu
>
> ** **
>
> *From:* videolib-boun...@lists.berkeley.edu [mailto:
> videolib-boun...@lists.berkeley.edu] *On Behalf Of *Jessica Rosner
> *Sent:* Tuesday, August 09, 2011 9:11 AM
>
> *To:* videolib@lists.berkeley.edu
> *Subject:* Re: [Videolib] Public Performance Rights in Academic Libraries*
> ***
>
> ** **
>
> Again this is one of the parts of copyright law that is very clear. In
> general any showing outside of home/personal setting is considered a  public
> performance and requires a license/ permission from the  rights holder. The
> one exception is the "face to face " teaching exemption, this allows full
> length films to be used in classes under the following conditions, the film
> is shown in a classroom or similar place of instruction, an instructor is
> present, the film is part of a course syllabus and the only students allowed
> to view a film are students enrolled in the course. Bottom line you can show
> the film in a "real" class, any other screenings on campus even if they are
> for "educational purposes" do not charge admission, are not open to anyone
> off campus etc ARE in fact public performances that require a license. I
> have heard every excuse in the book over the years. In many cases they are
> from people or groups who are genuinely ignorant of the law which while not
> a legal defense makes me a little more inclined not to throw the book at
> them, but there are also people who very deliberately break the law claiming
> everything from "they are helping more people see the movie" to it is really
> a "class" it just has no syllabus, papers, instructor or class sessions
> outside of the film showings.
>
> Again this is not much of a gray. Technically even something like an
> academic conference would not be considered face to face as it is not a
> specific class of enrolled students though most companies are happy to waive
> this.
>
> Bottom line is that the film showing is  part of  aregular , real class,
> limited to students specifically enrolled in that class and shown in a
> classroom or similar room it is covered by the face to face exemption,
> ANYTHING else is a public performance.
>
> One side note. The number of students in the class makes no difference. It
> is an intro class at a large school with 400 students it would still be
> covered by face to face.
>
> 
>
> On Tue, Aug 9, 2011 at 11:46 AM, Chris Markman 
> wrote:
>
> As a matter of practicality, where is the cut off between public and
> private screenings in an academic setting? Is it the facilities, funding,
> advertising, intended audience, or all of the above?
>
> ** **
>
> Chris Markman
> Resource Library Coordinator
> Visual & Performing Arts
> Clark University
> 508.793.7481
> cmark...@clarku.edu
>
> 
>
> On Tue, Aug 9, 2011 at 9:51 AM, Shoaf,Judith P  wrote:
>
>   This discussion reminded me of an event in my freshman year. Kenneth
> Clark's Civilisation series had recently been shown on TV, I think, but not
> many undergrads had (or cared to have, except maybe at 6 pm) television
> access. The university sponsored a showing of the series as films projected
> on the big screen--where the images were ravishing and the event really had
> a community feeling (definitely more than 50 people there every evening!). I
> suppose they rented rather than purchased the films. (A few years later, my
> husband and I bonded over a similar showing of the restored Astaire-Rogers
> RKO films.) 
>
>  
>
> Since Civilisation was I think long featured in Ambrose Media's collection,
> I think of that when I think of t

Re: [Videolib] Public Performance Rights in Academic Libraries

[Brewer, Michael]

Just a plug for the eTool for Instructors, which can help you determine whether 
or not your performance/display falls under either portion of Section 110 and 
then collect the information you would need to support that performance/display 
in PDF format.

http://librarycopyright.net/etool/

mb

Michael Brewer
Team Leader for Instructional Services
University of Arizona Libraries
brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu>

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner
Sent: Tuesday, August 09, 2011 9:11 AM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Public Performance Rights in Academic Libraries

Again this is one of the parts of copyright law that is very clear. In general 
any showing outside of home/personal setting is considered a  public 
performance and requires a license/ permission from the  rights holder. The one 
exception is the "face to face " teaching exemption, this allows full length 
films to be used in classes under the following conditions, the film is shown 
in a classroom or similar place of instruction, an instructor is present, the 
film is part of a course syllabus and the only students allowed to view a film 
are students enrolled in the course. Bottom line you can show the film in a 
"real" class, any other screenings on campus even if they are for "educational 
purposes" do not charge admission, are not open to anyone off campus etc ARE in 
fact public performances that require a license. I have heard every excuse in 
the book over the years. In many cases they are from people or groups who are 
genuinely ignorant of the law which while not a legal defense makes me a little 
more inclined not to throw the book at them, but there are also people who very 
deliberately break the law claiming everything from "they are helping more 
people see the movie" to it is really a "class" it just has no syllabus, 
papers, instructor or class sessions outside of the film showings.

Again this is not much of a gray. Technically even something like an academic 
conference would not be considered face to face as it is not a specific class 
of enrolled students though most companies are happy to waive this.

Bottom line is that the film showing is  part of  aregular , real class, 
limited to students specifically enrolled in that class and shown in a 
classroom or similar room it is covered by the face to face exemption, ANYTHING 
else is a public performance.

One side note. The number of students in the class makes no difference. It is 
an intro class at a large school with 400 students it would still be covered by 
face to face.

On Tue, Aug 9, 2011 at 11:46 AM, Chris Markman 
mailto:cmark...@clarku.edu>> wrote:
As a matter of practicality, where is the cut off between public and private 
screenings in an academic setting? Is it the facilities, funding, advertising, 
intended audience, or all of the above?

Chris Markman
Resource Library Coordinator
Visual & Performing Arts
Clark University
508.793.7481
cmark...@clarku.edu<mailto:cmark...@clarku.edu>

On Tue, Aug 9, 2011 at 9:51 AM, Shoaf,Judith P 
mailto:jsh...@ufl.edu>> wrote:

This discussion reminded me of an event in my freshman year. Kenneth Clark's 
Civilisation series had recently been shown on TV, I think, but not many 
undergrads had (or cared to have, except maybe at 6 pm) television access. The 
university sponsored a showing of the series as films projected on the big 
screen--where the images were ravishing and the event really had a community 
feeling (definitely more than 50 people there every evening!). I suppose they 
rented rather than purchased the films. (A few years later, my husband and I 
bonded over a similar showing of the restored Astaire-Rogers RKO films.)



Since Civilisation was I think long featured in Ambrose Media's collection, I 
think of that when I think of the combination of institutional price + limited 
PPR that Ambrose sells. Of course showing a videotape of an older series to 50 
students is not at all the same as the "event" quality I am recalling. Nowadays 
the event tends to be the actual broadcast, which gathers people in common 
areas with TV viewing (or something like the Met's HD opera broadcasts, which 
form local & virtual communities).



But memories like that do lead me to support the idea of film societies *with 
budgets*!



Judy Shoaf

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 
d

Re: [Videolib] Public Performance Rights in Academic Libraries

[ghandman]

Yeah, sort of weird!  I'm definitely not known for my concision!

gary



> Dang it Gary , I just spend 20 times as many words to say the same thing.
>
> On Tue, Aug 9, 2011 at 11:52 AM,  wrote:
>
>> Formally:  Any screening outside of a course that appears in the course
>> catalog or is otherwise credit-bearing--i.e. a regularly scheduled class
>> held in a place where instruction usually occurs--is a public
>> performance.
>>
>> gary handman
>>
>>
>>
>> > As a matter of practicality, where is the cut off between public and
>> > private
>> > screenings in an academic setting? Is it the facilities, funding,
>> > advertising, intended audience, or all of the above?
>> >
>> > Chris Markman
>> > Resource Library Coordinator
>> > Visual & Performing Arts
>> > Clark University
>> > 508.793.7481
>> > cmark...@clarku.edu
>> >
>> >
>> > On Tue, Aug 9, 2011 at 9:51 AM, Shoaf,Judith P  wrote:
>> >
>> >>  This discussion reminded me of an event in my freshman year. Kenneth
>> >> Clark's Civilisation series had recently been shown on TV, I think,
>> but
>> >> not
>> >> many undergrads had (or cared to have, except maybe at 6 pm)
>> television
>> >> access. The university sponsored a showing of the series as films
>> >> projected
>> >> on the big screen--where the images were ravishing and the event
>> really
>> >> had
>> >> a community feeling (definitely more than 50 people there every
>> >> evening!). I
>> >> suppose they rented rather than purchased the films. (A few years
>> later,
>> >> my
>> >> husband and I bonded over a similar showing of the restored
>> >> Astaire-Rogers
>> >> RKO films.)
>> >>
>> >>
>> >>
>> >> Since Civilisation was I think long featured in Ambrose Media's
>> >> collection,
>> >> I think of that when I think of the combination of institutional
>> price +
>> >> limited PPR that Ambrose sells. Of course showing a videotape of an
>> >> older
>> >> series to 50 students is not at all the same as the "event" quality I
>> am
>> >> recalling. Nowadays the event tends to be the actual broadcast, which
>> >> gathers people in common areas with TV viewing (or something like the
>> >> Met's
>> >> HD opera broadcasts, which form local & virtual communities).
>> >>
>> >>
>> >>
>> >> But memories like that do lead me to support the idea of film
>> societies
>> >> *with budgets*!
>> >>
>> >>
>> >>
>> >> Judy Shoaf
>> >>
>> >> 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.
>> >
>>
>>
>> Gary Handman
>> Director
>> Media Resources Center
>> Moffitt Library
>> UC Berkeley
>>
>> 510-643-8566
>> ghand...@library.berkeley.edu
>> http://www.lib.berkeley.edu/MRC
>>
>> "I have always preferred the reflection of life to life itself."
>> --Francois Truffaut
>>
>>
>> VIDEOLIB is intended to encourage the broad and lively discussion of
>> issues
>> relating to the selection, evaluation, acquisition,bibliographic
>> control,
>> preservation, and use of current and evolving video formats in libraries
>> and
>> related institutions. It is hoped that the list will serve as an
>> effective
>> working tool for video librarians, as well as a channel of communication
>> between libraries,educational institutions, and video producers and
>> distributors.
>>
>
>
>
> --
> Jessica Rosner
> Media Consultant
> 224-545-3897 (cell)
> 212-627-1785 (land line)
> jessicapros...@gmail.com
> VIDEOLIB is intended to encourage the broad and lively discussion of
> issues relating to the selection, evaluation, acquisition,bibliographic
> control, preservation, and use of current and evolving video formats in
> libraries and related institutions. It is hoped that the list will serve
> as an effective working tool for video librarians, as well as a channel of
> communication between libraries,educational institutions, and video
> producers and distributors.
>


Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley

510-643-8566
ghand...@library.berkeley.edu
http://www.lib.berkeley.edu/MRC

"I have always preferred the reflection of life to life itsel

Re: [Videolib] Public Performance Rights in Academic Libraries

[Jessica Rosner]

Dang it Gary , I just spend 20 times as many words to say the same thing.

On Tue, Aug 9, 2011 at 11:52 AM,  wrote:

> Formally:  Any screening outside of a course that appears in the course
> catalog or is otherwise credit-bearing--i.e. a regularly scheduled class
> held in a place where instruction usually occurs--is a public performance.
>
> gary handman
>
>
>
> > As a matter of practicality, where is the cut off between public and
> > private
> > screenings in an academic setting? Is it the facilities, funding,
> > advertising, intended audience, or all of the above?
> >
> > Chris Markman
> > Resource Library Coordinator
> > Visual & Performing Arts
> > Clark University
> > 508.793.7481
> > cmark...@clarku.edu
> >
> >
> > On Tue, Aug 9, 2011 at 9:51 AM, Shoaf,Judith P  wrote:
> >
> >>  This discussion reminded me of an event in my freshman year. Kenneth
> >> Clark's Civilisation series had recently been shown on TV, I think, but
> >> not
> >> many undergrads had (or cared to have, except maybe at 6 pm) television
> >> access. The university sponsored a showing of the series as films
> >> projected
> >> on the big screen--where the images were ravishing and the event really
> >> had
> >> a community feeling (definitely more than 50 people there every
> >> evening!). I
> >> suppose they rented rather than purchased the films. (A few years later,
> >> my
> >> husband and I bonded over a similar showing of the restored
> >> Astaire-Rogers
> >> RKO films.)
> >>
> >>
> >>
> >> Since Civilisation was I think long featured in Ambrose Media's
> >> collection,
> >> I think of that when I think of the combination of institutional price +
> >> limited PPR that Ambrose sells. Of course showing a videotape of an
> >> older
> >> series to 50 students is not at all the same as the "event" quality I am
> >> recalling. Nowadays the event tends to be the actual broadcast, which
> >> gathers people in common areas with TV viewing (or something like the
> >> Met's
> >> HD opera broadcasts, which form local & virtual communities).
> >>
> >>
> >>
> >> But memories like that do lead me to support the idea of film societies
> >> *with budgets*!
> >>
> >>
> >>
> >> Judy Shoaf
> >>
> >> 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.
> >
>
>
> Gary Handman
> Director
> Media Resources Center
> Moffitt Library
> UC Berkeley
>
> 510-643-8566
> ghand...@library.berkeley.edu
> http://www.lib.berkeley.edu/MRC
>
> "I have always preferred the reflection of life to life itself."
> --Francois Truffaut
>
>
> VIDEOLIB is intended to encourage the broad and lively discussion of issues
> relating to the selection, evaluation, acquisition,bibliographic control,
> preservation, and use of current and evolving video formats in libraries and
> related institutions. It is hoped that the list will serve as an effective
> working tool for video librarians, as well as a channel of communication
> between libraries,educational institutions, and video producers and
> distributors.
>



-- 
Jessica Rosner
Media Consultant
224-545-3897 (cell)
212-627-1785 (land line)
jessicapros...@gmail.com
VIDEOLIB is intended to encourage the broad and lively discussion of issues 
relating to the selection, evaluation, acquisition,bibliographic control, 
preservation, and use of current and evolving video formats in libraries and 
related institutions. It is hoped that the list will serve as an effective 
working tool for video librarians, as well as a channel of communication 
between libraries,educational institutions, and video producers and 
distributors.

Re: [Videolib] Public Performance Rights in Academic Libraries

[Jessica Rosner]

Again this is one of the parts of copyright law that is very clear. In
general any showing outside of home/personal setting is considered a  public
performance and requires a license/ permission from the  rights holder. The
one exception is the "face to face " teaching exemption, this allows full
length films to be used in classes under the following conditions, the film
is shown in a classroom or similar place of instruction, an instructor is
present, the film is part of a course syllabus and the only students allowed
to view a film are students enrolled in the course. Bottom line you can show
the film in a "real" class, any other screenings on campus even if they are
for "educational purposes" do not charge admission, are not open to anyone
off campus etc ARE in fact public performances that require a license. I
have heard every excuse in the book over the years. In many cases they are
from people or groups who are genuinely ignorant of the law which while not
a legal defense makes me a little more inclined not to throw the book at
them, but there are also people who very deliberately break the law claiming
everything from "they are helping more people see the movie" to it is really
a "class" it just has no syllabus, papers, instructor or class sessions
outside of the film showings.

Again this is not much of a gray. Technically even something like an
academic conference would not be considered face to face as it is not a
specific class of enrolled students though most companies are happy to waive
this.

Bottom line is that the film showing is  part of  aregular , real class,
limited to students specifically enrolled in that class and shown in a
classroom or similar room it is covered by the face to face exemption,
ANYTHING else is a public performance.

One side note. The number of students in the class makes no difference. It
is an intro class at a large school with 400 students it would still be
covered by face to face.


On Tue, Aug 9, 2011 at 11:46 AM, Chris Markman  wrote:

> As a matter of practicality, where is the cut off between public and
> private screenings in an academic setting? Is it the facilities, funding,
> advertising, intended audience, or all of the above?
>
> Chris Markman
> Resource Library Coordinator
> Visual & Performing Arts
> Clark University
> 508.793.7481
> cmark...@clarku.edu
>
>
> On Tue, Aug 9, 2011 at 9:51 AM, Shoaf,Judith P  wrote:
>
>>  This discussion reminded me of an event in my freshman year. Kenneth
>> Clark's Civilisation series had recently been shown on TV, I think, but not
>> many undergrads had (or cared to have, except maybe at 6 pm) television
>> access. The university sponsored a showing of the series as films projected
>> on the big screen--where the images were ravishing and the event really had
>> a community feeling (definitely more than 50 people there every evening!). I
>> suppose they rented rather than purchased the films. (A few years later, my
>> husband and I bonded over a similar showing of the restored Astaire-Rogers
>> RKO films.)
>>
>>
>>
>> Since Civilisation was I think long featured in Ambrose Media's
>> collection, I think of that when I think of the combination of institutional
>> price + limited PPR that Ambrose sells. Of course showing a videotape of an
>> older series to 50 students is not at all the same as the "event" quality I
>> am recalling. Nowadays the event tends to be the actual broadcast, which
>> gathers people in common areas with TV viewing (or something like the Met's
>> HD opera broadcasts, which form local & virtual communities).
>>
>>
>>
>> But memories like that do lead me to support the idea of film societies
>> *with budgets*!
>>
>>
>>
>> Judy Shoaf
>>
>> VIDEOLIB is intended to encourage the broad and lively discussion of
>> issues relating to the selection, evaluation, acquisition,bibliographic
>> control, preservation, and use of current and evolving video formats in
>> libraries and related institutions. It is hoped that the list will serve as
>> an effective working tool for video librarians, as well as a channel of
>> communication between libraries,educational institutions, and video
>> producers and distributors.
>>
>>
>
> VIDEOLIB is intended to encourage the broad and lively discussion of issues
> relating to the selection, evaluation, acquisition,bibliographic control,
> preservation, and use of current and evolving video formats in libraries and
> related institutions. It is hoped that the list will serve as an effective
> working tool for video librarians, as well as a channel of communication
> between libraries,educational institutions, and video producers and
> distributors.
>
>


-- 
Jessica Rosner
Media Consultant
224-545-3897 (cell)
212-627-1785 (land line)
jessicapros...@gmail.com
VIDEOLIB is intended to encourage the broad and lively discussion of issues 
relating to the selection, evaluation, acquisition,bibliographic control, 
preservation, and use of current and evolving video formats in l

Re: [Videolib] Public Performance Rights in Academic Libraries

[Dennis Doros]

Dear Chris,

These are the sites I suggest people look at when they want to know about
public performance. I'm sure I can find a more distributor-friendly site but
we like to play fair. :-)

http://library.williams.edu/guides/videos_copyright.php

www.lib.berkeley.edu/MRC/Copyright.html

-- 
Best regards,
Dennis Doros
Milestone Film & Video/Milliarium Zero
PO Box 128
Harrington Park, NJ 07640
Phone: 201-767-3117
Fax: 201-767-3035
email: milefi...@gmail.com
www.milestonefilms.com
www.ontheboweryfilm.com
www.arayafilm.com
www.exilesfilm.com
www.wordisoutmovie.com
www.killerofsheep.com

AMIA Austin 2011: www.amianet.org
Join "Milestone Film" on Facebook!

Follow Milestone on Twitter! 
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] Public Performance Rights in Academic Libraries

[ghandman]

Formally:  Any screening outside of a course that appears in the course
catalog or is otherwise credit-bearing--i.e. a regularly scheduled class
held in a place where instruction usually occurs--is a public performance.

gary handman



> As a matter of practicality, where is the cut off between public and
> private
> screenings in an academic setting? Is it the facilities, funding,
> advertising, intended audience, or all of the above?
>
> Chris Markman
> Resource Library Coordinator
> Visual & Performing Arts
> Clark University
> 508.793.7481
> cmark...@clarku.edu
>
>
> On Tue, Aug 9, 2011 at 9:51 AM, Shoaf,Judith P  wrote:
>
>>  This discussion reminded me of an event in my freshman year. Kenneth
>> Clark's Civilisation series had recently been shown on TV, I think, but
>> not
>> many undergrads had (or cared to have, except maybe at 6 pm) television
>> access. The university sponsored a showing of the series as films
>> projected
>> on the big screen--where the images were ravishing and the event really
>> had
>> a community feeling (definitely more than 50 people there every
>> evening!). I
>> suppose they rented rather than purchased the films. (A few years later,
>> my
>> husband and I bonded over a similar showing of the restored
>> Astaire-Rogers
>> RKO films.)
>>
>>
>>
>> Since Civilisation was I think long featured in Ambrose Media's
>> collection,
>> I think of that when I think of the combination of institutional price +
>> limited PPR that Ambrose sells. Of course showing a videotape of an
>> older
>> series to 50 students is not at all the same as the "event" quality I am
>> recalling. Nowadays the event tends to be the actual broadcast, which
>> gathers people in common areas with TV viewing (or something like the
>> Met's
>> HD opera broadcasts, which form local & virtual communities).
>>
>>
>>
>> But memories like that do lead me to support the idea of film societies
>> *with budgets*!
>>
>>
>>
>> Judy Shoaf
>>
>> 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.
>


Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley

510-643-8566
ghand...@library.berkeley.edu
http://www.lib.berkeley.edu/MRC

"I have always preferred the reflection of life to life itself."
--Francois Truffaut


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

Re: [Videolib] Public Performance Rights in Academic Libraries

[Chris Markman]

As a matter of practicality, where is the cut off between public and private
screenings in an academic setting? Is it the facilities, funding,
advertising, intended audience, or all of the above?

Chris Markman
Resource Library Coordinator
Visual & Performing Arts
Clark University
508.793.7481
cmark...@clarku.edu


On Tue, Aug 9, 2011 at 9:51 AM, Shoaf,Judith P  wrote:

>  This discussion reminded me of an event in my freshman year. Kenneth
> Clark's Civilisation series had recently been shown on TV, I think, but not
> many undergrads had (or cared to have, except maybe at 6 pm) television
> access. The university sponsored a showing of the series as films projected
> on the big screen--where the images were ravishing and the event really had
> a community feeling (definitely more than 50 people there every evening!). I
> suppose they rented rather than purchased the films. (A few years later, my
> husband and I bonded over a similar showing of the restored Astaire-Rogers
> RKO films.)
>
>
>
> Since Civilisation was I think long featured in Ambrose Media's collection,
> I think of that when I think of the combination of institutional price +
> limited PPR that Ambrose sells. Of course showing a videotape of an older
> series to 50 students is not at all the same as the "event" quality I am
> recalling. Nowadays the event tends to be the actual broadcast, which
> gathers people in common areas with TV viewing (or something like the Met's
> HD opera broadcasts, which form local & virtual communities).
>
>
>
> But memories like that do lead me to support the idea of film societies
> *with budgets*!
>
>
>
> Judy Shoaf
>
> 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] Public Performance Rights in Academic Libraries

[Shoaf,Judith P]

This discussion reminded me of an event in my freshman year. Kenneth Clark's 
Civilisation series had recently been shown on TV, I think, but not many 
undergrads had (or cared to have, except maybe at 6 pm) television access. The 
university sponsored a showing of the series as films projected on the big 
screen--where the images were ravishing and the event really had a community 
feeling (definitely more than 50 people there every evening!). I suppose they 
rented rather than purchased the films. (A few years later, my husband and I 
bonded over a similar showing of the restored Astaire-Rogers RKO films.)



Since Civilisation was I think long featured in Ambrose Media's collection, I 
think of that when I think of the combination of institutional price + limited 
PPR that Ambrose sells. Of course showing a videotape of an older series to 50 
students is not at all the same as the "event" quality I am recalling. Nowadays 
the event tends to be the actual broadcast, which gathers people in common 
areas with TV viewing (or something like the Met's HD opera broadcasts, which 
form local & virtual communities).



But memories like that do lead me to support the idea of film societies *with 
budgets*!



Judy Shoaf
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] Public Performance Rights in Academic Libraries

[Dennis Doros]

Dear Kathy,

What you describe is certainly public performance but rather than naive, I
would suggest courageous and let me provide some encouragement. Film
Societies were an extremely important part of campus life through the 1980s
and enriched an incredible number of students with knowledge of  cultures,
ideas and philosophies that cannot be taught in the classroom. And the
audiences weren't the traditional film geek (at least in my experiences,
being one myself) but by dancers, artists, writers and scientists (a big
follower of films, as a matter of fact) who came out as much better students
after each and every screening.

And you're correct, those colleges that still have a strong film society
(University of Chicago, Wesleyan, UC Berkeley, Sonoma State University,
Cornell University, UCLA, Ohio State University to name just a few) provide
an amazing experience for the students and at a cost far less than most
other activities on campus. (In my fair state, Rutgers brought in Snookie
for $32,000 which can finance a great film society for two years.) Rather
than giving in to the idea that if rentals are not free, it can't be done,
you can try to find the money and the organizations that would help fund and
staff a proper film society with great projection and sound. (After all,
Clemson is a first-class institution.) And good distributors are very
willing to work new film societies to help them prosper and you will have
access to trailers, posters and even filmmakers (either live that you bring
in with student activities or willing to do phone interviews with the local
media) that will help you succeed. Renata Jackson at the University of North
Carolina School of the Arts is a regular member on this listserv and I'm
sure she has invaluable advice.


Best regards,
Dennis Doros
Milestone Film & Video/Milliarium Zero
PO Box 128
Harrington Park, NJ 07640
Phone: 201-767-3117
Fax: 201-767-3035
email: milefi...@gmail.com
www.milestonefilms.com
www.ontheboweryfilm.com
www.arayafilm.com
www.exilesfilm.com
www.wordisoutmovie.com
www.killerofsheep.com

AMIA Austin 2011: www.amianet.org
Join "Milestone Film" on Facebook!

Follow Milestone on Twitter! 




> On Mon, Aug 8, 2011 at 5:07 PM, Kathy Edwards  wrote:
>
>> I’ve been exploring what latitude I have here at my institution to include
>> films on DVD in our collection in a film series on world cities.  The aim of
>> my series would be to expose students to realms they have yet to imagine
>> (much less experience) and get them thinking and talking about their filmic
>> experience in an enlightening, horizon-expanding way. Which is where my
>> recently developed interest in PPRs comes into it: if my proposed series is
>> not shown in a scheduled class as part of a scheduled course, viewed only by
>> students registered in that course, can I show a film at all? My
>> understanding at this point is that the answer is “No.” 
>>
>> ** **
>>
>> Well then, does a so-called ‘institutional license’ or ‘institutional
>> price’ convey the right to include a film (by default, a documentary) in a
>> free, educational, on-campus film series? I’m assuming this depends upon the
>> terms of said license—unless this caveat amounts to allowing vendor
>> ‘licensing’ to constrain the right to use material for educational purposes.
>> Is ‘fair use’ legally bounded by an educational institution’s course
>> catalog? 
>>
>> ** **
>>
>> So I’ve been trying to understand the where/when/how of PPR within the
>> academic environment. (The ‘given’ in all this is that university counsels
>> are quite conservative in anything related to Fair Use. No surprise.)
>>
>> ** **
>>
>> Ideally, my series would contain theatrical release films as well as
>> documentaries. But the more I learn, the more ‘ideal’ turns into ‘naïve’…
>> 
>>
>> ** **
>>
>> *Kathy Edwards*
>>
>> *Art & Architecture Reference & Collection Development Librarian*
>>
>> *Emery A. Gunnin Architecture Library*
>>
>> *112 Lee Hall*
>>
>> *Clemson University*
>>
>> *Clemson SC 29634*
>>
>> *kat...@clemson.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.

Re: [Videolib] Public Performance Rights in Academic Libraries

[ghandman]

Hi

Well, I don't think this is really rocket science (although it DOES seem
like it should be)

The general sense is that a screening of a whole work to a REGULARLY
SCHEDULED course, in the context of instruction, in a place where
instruction usually occurs is exempt...i.e. it qualifies as face-to-face
teaching and is thus exempted.  (see
http://www.law.cornell.edu/uscode/17/110.html)

Screening outside of the above described exemption probably requires PPR.

There are definitely gray zones in this scenario:  what about a one-off
academic workshop led by a faculty person?  What about an extra-curricular
graduate seminar? What about a student orientation held by an academic
department or a student services department on campus?  A sticker would
say, yeah, you need PPR, I guess.  I personally am not particularly
worried about such...

A screening series such as the one you describe is probably something
else, however, regardless of the fact that it's attended by students only,
educational in nature, is held on campus, is non-fee...etc.  I'd say you
need PPR, pretty cut and dried.  (Noble intentions don't count much in
these matters, I'm afraid!)

None of this has anything to do with fair use, by the by...

Gary Handman




> I've been exploring what latitude I have here at my institution to include
> films on DVD in our collection in a film series on world cities.  The aim
> of my series would be to expose students to realms they have yet to
> imagine (much less experience) and get them thinking and talking about
> their filmic experience in an enlightening, horizon-expanding way. Which
> is where my recently developed interest in PPRs comes into it: if my
> proposed series is not shown in a scheduled class as part of a scheduled
> course, viewed only by students registered in that course, can I show a
> film at all? My understanding at this point is that the answer is "No."
>
> Well then, does a so-called 'institutional license' or 'institutional
> price' convey the right to include a film (by default, a documentary) in a
> free, educational, on-campus film series? I'm assuming this depends upon
> the terms of said license-unless this caveat amounts to allowing vendor
> 'licensing' to constrain the right to use material for educational
> purposes. Is 'fair use' legally bounded by an educational institution's
> course catalog?
>
> So I've been trying to understand the where/when/how of PPR within the
> academic environment. (The 'given' in all this is that university counsels
> are quite conservative in anything related to Fair Use. No surprise.)
>
> Ideally, my series would contain theatrical release films as well as
> documentaries. But the more I learn, the more 'ideal' turns into
> 'naïve'...
>
> Kathy Edwards
> Art & Architecture Reference & Collection Development Librarian
> Emery A. Gunnin Architecture Library
> 112 Lee Hall
> Clemson University
> Clemson SC 29634
> kat...@clemson.edu
>
>
> From: videolib-boun...@lists.berkeley.edu
> [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner
> Sent: Monday, August 08, 2011 4:20 PM
> To: videolib@lists.berkeley.edu
> Subject: Re: [Videolib] Conf. Paper: ³Public Performance Rights Management
> in Academic Libraries²
>
> With all due respect I think that is a terrible and misleading title. I
> don't even think those claiming the right do digitize and stream films for
> students in classes would use the term " Public Performance Rights" which
> inevitably  refers to showing a film to the public in public. Ironically I
> think the presenter is falling for the misleading information or set up
> used by some distributors who try to claim that an exempt "face to face"
> classroom use requires a PPR license. The much more contentious question
> and which IS in legal dispute is the use of films OUTSIDE the physical
> classroom and whether there is some special exemption that covers that
> under some reading of "fair use". I realize it is just the title and I
> presume the usual issues will come up, but I think it starts with a false
> premise of some kind.
> On Mon, Aug 8, 2011 at 3:39 PM, Deg Farrelly
> mailto:deg.farre...@asu.edu>> wrote:
>>From INFODocket
>
> Looks like an interesting session at IFLA.
>
> -deg farrelly
>
>
> --
> deg farrelly
> Mail Code 1006
> Arizona State University
> P.O. Box 871006
> Tempe, AZ 85287
> Phone:  480.965.1403
> Email:  deg.farre...@asu.edu
>
>
> -- Forwarded Message
>
>
> Feed: INFOdocket
> Posted on: Sunday, August 07, 2011 9:40 AM
> Subject: Conf. Paper: "Public Performance Rights Management in Academic
> Libraries"
>
> This paper will be presented at the World Library and Information Congress
> : 77th IFLA General Conference and Assembly on August 17, 2011. Title:
> "Public Performance Rights Management in Academic Libraries" Author: Laura
> Jenenmann; George Mason University Libraries, Fairfax, VA From the
> Abstract: This paper will provide an overview of public performan

Re: [Videolib] Public Performance Rights in Academic Libraries

[Jessica Rosner]

I hate to say this but PPR is whatever the distributor who sold it to  you
said it was. Copyright law is VERY clear, you have no right to show a film
to an audience outside a class without an agreement/license with the rights
holder. Over the years companies selling mainly non fiction films
traditionally used in classes did offer
PPR rights with the sales. Frankly few of these films ever ended being used
for public shows and the majority of them really did not have much of a
general audience. To be fair there were films that might indeed have value
for a film series, but honestly not most of them. To make matters more
complicated companies often place a restriction of 50 people to be covered
under a PPR showing which I find pretty silly, but legally they can do it
(how they would enforce it is another matter).

As for the type of films you would actually want to show in a series,
relatively few of them can in fact be BOUGHT with PPR, most would have to be
licensed specifically for the series. There are indeed a number of companies
( Milestone, New Yorker, Kino, Icarus) that sell feature films with PPR
rights, most titles are licensed by larger places ( mainly Swank &
Criterion) and they can only "rent" the right to show the film not show it.

Honestly this issue is not as muddled as some copyright issues that come up
here. It is pretty basic, if you want to do a public film series you have to
pay for it the same way you would pay for a speaker, a musical performance
or the rights to a play. If you scrounged through your current collection
you could probably find enough titles you bought with PPR to make a series,
but I suspect nearly all of them would be non fiction titles you paid a
pretty high price for in the first place. It is most unlikely you would have
any fiction feature theatrical release films that you had purchased with
PPR.

I don't think it unreasonable that you should try to do a film series but to
expect to do one for free is not exactly reasonable. I think you will find
smaller companies in particular willing to  let you show their films at a
low price depending on the circumstances, but again not for free.


On Mon, Aug 8, 2011 at 5:07 PM, Kathy Edwards  wrote:

> I’ve been exploring what latitude I have here at my institution to include
> films on DVD in our collection in a film series on world cities.  The aim of
> my series would be to expose students to realms they have yet to imagine
> (much less experience) and get them thinking and talking about their filmic
> experience in an enlightening, horizon-expanding way. Which is where my
> recently developed interest in PPRs comes into it: if my proposed series is
> not shown in a scheduled class as part of a scheduled course, viewed only by
> students registered in that course, can I show a film at all? My
> understanding at this point is that the answer is “No.” 
>
> ** **
>
> Well then, does a so-called ‘institutional license’ or ‘institutional
> price’ convey the right to include a film (by default, a documentary) in a
> free, educational, on-campus film series? I’m assuming this depends upon the
> terms of said license—unless this caveat amounts to allowing vendor
> ‘licensing’ to constrain the right to use material for educational purposes.
> Is ‘fair use’ legally bounded by an educational institution’s course
> catalog? 
>
> ** **
>
> So I’ve been trying to understand the where/when/how of PPR within the
> academic environment. (The ‘given’ in all this is that university counsels
> are quite conservative in anything related to Fair Use. No surprise.)
>
> ** **
>
> Ideally, my series would contain theatrical release films as well as
> documentaries. But the more I learn, the more ‘ideal’ turns into ‘naïve’…*
> ***
>
> ** **
>
> *Kathy Edwards*
>
> *Art & Architecture Reference & Collection Development Librarian*
>
> *Emery A. Gunnin Architecture Library*
>
> *112 Lee Hall*
>
> *Clemson University*
>
> *Clemson SC 29634*
>
> *kat...@clemson.edu*
>
> ** **
>
> ** **
>
> *From:* videolib-boun...@lists.berkeley.edu [mailto:
> videolib-boun...@lists.berkeley.edu] *On Behalf Of *Jessica Rosner
> *Sent:* Monday, August 08, 2011 4:20 PM
> *To:* videolib@lists.berkeley.edu
> *Subject:* Re: [Videolib] Conf. Paper: ³Public Performance Rights
> Management in Academic Libraries²
>
> ** **
>
> With all due respect I think that is a terrible and misleading title. I
> don't even think those claiming the right do digitize and stream films for
> students in classes would use the term " Public Performance Rights" which
> inevitably  refers to showing a film to the public in public. Ironically I
> think the presenter is falling for the misleading information or set up used
> by some distributors who try to claim that an exempt "face to face"
> classroom use requires a PPR license. The much more contentious question and
> which IS in legal dispute is the use of films OUTSIDE the physical classroom
> and whether there is some special exemp

Re: [Videolib] Public Performance Rights in Academic Libraries

[Kathy Edwards]

I've been exploring what latitude I have here at my institution to include 
films on DVD in our collection in a film series on world cities.  The aim of my 
series would be to expose students to realms they have yet to imagine (much 
less experience) and get them thinking and talking about their filmic 
experience in an enlightening, horizon-expanding way. Which is where my 
recently developed interest in PPRs comes into it: if my proposed series is not 
shown in a scheduled class as part of a scheduled course, viewed only by 
students registered in that course, can I show a film at all? My understanding 
at this point is that the answer is "No."

Well then, does a so-called 'institutional license' or 'institutional price' 
convey the right to include a film (by default, a documentary) in a free, 
educational, on-campus film series? I'm assuming this depends upon the terms of 
said license-unless this caveat amounts to allowing vendor 'licensing' to 
constrain the right to use material for educational purposes. Is 'fair use' 
legally bounded by an educational institution's course catalog?

So I've been trying to understand the where/when/how of PPR within the academic 
environment. (The 'given' in all this is that university counsels are quite 
conservative in anything related to Fair Use. No surprise.)

Ideally, my series would contain theatrical release films as well as 
documentaries. But the more I learn, the more 'ideal' turns into 'naïve'...

Kathy Edwards
Art & Architecture Reference & Collection Development Librarian
Emery A. Gunnin Architecture Library
112 Lee Hall
Clemson University
Clemson SC 29634
kat...@clemson.edu


From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner
Sent: Monday, August 08, 2011 4:20 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Conf. Paper: ³Public Performance Rights Management in 
Academic Libraries²

With all due respect I think that is a terrible and misleading title. I don't 
even think those claiming the right do digitize and stream films for students 
in classes would use the term " Public Performance Rights" which inevitably  
refers to showing a film to the public in public. Ironically I think the 
presenter is falling for the misleading information or set up used by some 
distributors who try to claim that an exempt "face to face" classroom use 
requires a PPR license. The much more contentious question and which IS in 
legal dispute is the use of films OUTSIDE the physical classroom and whether 
there is some special exemption that covers that under some reading of "fair 
use". I realize it is just the title and I presume the usual issues will come 
up, but I think it starts with a false premise of some kind.
On Mon, Aug 8, 2011 at 3:39 PM, Deg Farrelly 
mailto:deg.farre...@asu.edu>> wrote:
>From INFODocket

Looks like an interesting session at IFLA.

-deg farrelly


--
deg farrelly
Mail Code 1006
Arizona State University
P.O. Box 871006
Tempe, AZ 85287
Phone:  480.965.1403
Email:  deg.farre...@asu.edu


-- Forwarded Message


Feed: INFOdocket
Posted on: Sunday, August 07, 2011 9:40 AM
Subject: Conf. Paper: "Public Performance Rights Management in Academic 
Libraries"

This paper will be presented at the World Library and Information Congress : 
77th IFLA General Conference and Assembly on August 17, 2011. Title: "Public 
Performance Rights Management in Academic Libraries" Author: Laura Jenenmann; 
George Mason University Libraries, Fairfax, VA From the Abstract: This paper 
will provide an overview of public performance rights for using [...]

View article... 



-- End of Forwarded Message

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



--
Jessica Rosner
Media Consultant
224-545-3897 (cell)
212-627-1785 (land line)
jessicapros...@gmail.com
VIDEOLIB is intended to encourage the broad and lively discussion of issues 
relating to the selection, evaluation, acquisition,bibliographic control, 
preservation, and use of current and evolving video formats in libraries and 
related institutions. It is hoped that the list will serve as an effective 
working tool for video librarians, as well as a channel of communication 
between libraries,educational institutions, and video producers and 
distributors.