Re: [Videolib] The Good News about Library Fair Use (infographic)
Because they are developed by practice communities themselves without intimidation from hostile outside groups. Wow! I didn't realize I was so tough! Next time I meet a librarian, I'll have to ease up on my hostility. ;-) 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 Visit our main website! www.milestonefilms.com Visit our new websites! www.portraitofjason.com, www.shirleyclarkefilms.com , Support Milestone Film on Facebookhttp://www.facebook.com/pages/Milestone-Film/22348485426 and Twitter https://twitter.com/#!/MilestoneFilms! See the website: Association of Moving Image Archivistshttp://www.amianet.org/ and like them on Facebookhttp://www.facebook.com/pages/Association-of-Moving-Image-Archivists/86854559717 AMIA 2013 Conference, Richmond, Virginia, November 5-9!http://www.amianet.org/ On Wed, Aug 21, 2013 at 9:46 AM, Pia Hunter huntr...@uic.edu wrote: Greetings, The ARL has created a great new resource to promote fair use and the Code of Best Practices. The full PDF is available at: http://www.arl.org/publications-resources/2875 There are three versions available: a full-size PDF, an 8.5 x 11 letter sized PDF for printing, and a PNG file for blogs and website. Please spread the word! -- Pia M. Hunter Reserve/Media and Microforms | University Library (M/C 234) University of Illinois at Chicago 801 South Morgan Street, Suite 1-250 LIB | Chicago, Illinois 60607 reserve submissions: lib-...@uic.edu | copyright inquiries: copyright@uic. edu phone: 312-996-2719 | fax: 312.996.0901 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] The Good News about Library Fair Use (infographic)
Because they are developed by practice communities themselves without intimidation from hostile outside groups. Translation We did not want rights holders and actual copyright lawyers to interfere with our views I believe this document is at least a year old. It does contain the single most insane notion I have seen re streaming feature films which was the same one expressed at the ALA conference session I went to. Basically they claim that you can stream any ENTIRE feature film because using it in a class is transformative from it's original purpose of entertainment This has ZERO basis in law or any previous copyright case and is actually directly contradicted by many. At the ALA session when I asked asked if this were indeed correct did it not also apply to books so that a library could scan and upload The Great Gatsby, Catch 22 etc, the response was that is an interesting question which of course was a total dodge of this absurd theory. This justifies making and streaming copies of ANY work not created exclusively for educational use. Good luck defending that in court. On Wed, Aug 21, 2013 at 10:43 AM, Dennis Doros milefi...@gmail.com wrote: Because they are developed by practice communities themselves without intimidation from hostile outside groups. Wow! I didn't realize I was so tough! Next time I meet a librarian, I'll have to ease up on my hostility. ;-) 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 Visit our main website! www.milestonefilms.com Visit our new websites! www.portraitofjason.com, www.shirleyclarkefilms.com, Support Milestone Film on Facebookhttp://www.facebook.com/pages/Milestone-Film/22348485426 and Twitter https://twitter.com/#!/MilestoneFilms! See the website: Association of Moving Image Archivistshttp://www.amianet.org/ and like them on Facebookhttp://www.facebook.com/pages/Association-of-Moving-Image-Archivists/86854559717 AMIA 2013 Conference, Richmond, Virginia, November 5-9!http://www.amianet.org/ On Wed, Aug 21, 2013 at 9:46 AM, Pia Hunter huntr...@uic.edu wrote: Greetings, The ARL has created a great new resource to promote fair use and the Code of Best Practices. The full PDF is available at: http://www.arl.org/publications-resources/2875 There are three versions available: a full-size PDF, an 8.5 x 11 letter sized PDF for printing, and a PNG file for blogs and website. Please spread the word! -- Pia M. Hunter Reserve/Media and Microforms | University Library (M/C 234) University of Illinois at Chicago 801 South Morgan Street, Suite 1-250 LIB | Chicago, Illinois 60607 reserve submissions: lib-...@uic.edu | copyright inquiries: copyright@uic .edu phone: 312-996-2719 | fax: 312.996.0901 VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors. VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors. VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors.
Re: [Videolib] The Good News about Library Fair Use (infographic)
Hello everyone, Ms. Rosner's description of the ARL position is, as usual, simplistic and ultimately erroneous. ARL does not simply claim that you can stream an entire film for class purposes without taking any other factors into account. Among the other limitations, in Best Practices parlance, the ARL authors cite are: * the availability of materials should be coestensive with the duration of the course or other time-limited use * only eligible students ... should have access * and, perhaps most importantly, materials should be made available only when, and only to the extent that, there is a clear articulable nexus between the instructor's pedagogical purpose and the kind and amount of content involved [the emphasis is mine]. These are not trivial limitations to be dismissed for the purposes of polemics. Rather, these are absolutely crucial factors, the absence of any one of which might lead even the ARL authors (not to mention a judge and jury) to conclude that a particular use is in fact not fair, but infringing. Let me repeat this in case the rights holders on the list don't get it: in order for ARL (and -- since the best practices guidelines are obviously NOT part of the text of the copyright law -- only ARL, at this point, along with those who subscribe to their best practices arguments) to suggest that screening an entire film would be fair use, there would have to be a clear pedagogical purpose for screening the entire film that is not served by screening only a portion. These cases are relatively few and far between, in my experience with faculty. Ms. Rosner and others have argued before in this forum that NO use of an ENTIRE copyrighted work should EVER be considered fair use. The ARL Best Practices folks clearly disagree with this assertion. But they most certainly do not argue that ANY use of an ENTIRE copyrighted work in an educational setting is fair, and for Ms. Rosner to keep implying they do is disingenuous. Until the courts rule clearly on these issues, the ARL document suggests that ALL of the criteria above, along with others I haven't listed, need to be considered before sound judgment regarding fair use can be exercised. At Middlebury, we do not make fair use decisions to avoid purchasing things, to avoid licensing fees, to avoid seeking permission, or to avoid hard work. We do make fair use decisions when we have few or no options open to us, and we need to move forward in order to carry out the teaching, learning, and research imperatives of the institution. For us, the ARL guidelines are thoughtful, clear, and articulate, something I can't always say about the arguments I hear coming from rights holders. Terry Terry Simpkins Director, Research and Collection Services Library Information Services Middlebury College, Middlebury, VT 05753 (802) 443-5045 From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner Sent: Wednesday, August 21, 2013 11:53 AM To: videolib@lists.berkeley.edu Subject: Re: [Videolib] The Good News about Library Fair Use (infographic) Because they are developed by practice communities themselves without intimidation from hostile outside groups. Translation We did not want rights holders and actual copyright lawyers to interfere with our views I believe this document is at least a year old. It does contain the single most insane notion I have seen re streaming feature films which was the same one expressed at the ALA conference session I went to. Basically they claim that you can stream any ENTIRE feature film because using it in a class is transformative from it's original purpose of entertainment This has ZERO basis in law or any previous copyright case and is actually directly contradicted by many. At the ALA session when I asked asked if this were indeed correct did it not also apply to books so that a library could scan and upload The Great Gatsby, Catch 22 etc, the response was that is an interesting question which of course was a total dodge of this absurd theory. This justifies making and streaming copies of ANY work not created exclusively for educational use. Good luck defending that in court. On Wed, Aug 21, 2013 at 10:43 AM, Dennis Doros milefi...@gmail.commailto:milefi...@gmail.com wrote: Because they are developed by practice communities themselves without intimidation from hostile outside groups. Wow! I didn't realize I was so tough! Next time I meet a librarian, I'll have to ease up on my hostility. ;-) Best regards, Dennis Doros Milestone Film Video/Milliarium Zero PO Box 128 / Harrington Park, NJ 07640 Phone: 201-767-3117tel:201-767-3117 / Fax: 201-767-3035tel:201-767-3035 / Email: milefi...@gmail.commailto:milefi...@gmail.com Visit our main website! www.milestonefilms.comhttp://www.milestonefilms.com/ Visit our new websites! www.portraitofjason.comhttp://www.portraitofjason.com
Re: [Videolib] The Good News about Library Fair Use (infographic)
, 2013 11:53 AM *To:* videolib@lists.berkeley.edu *Subject:* Re: [Videolib] The Good News about Library Fair Use (infographic) ** ** Because they are developed by practice communities themselves without intimidation from hostile outside groups. Translation We did not want rights holders and actual copyright lawyers to interfere with our views I believe this document is at least a year old. It does contain the single most insane notion I have seen re streaming feature films which was the same one expressed at the ALA conference session I went to. Basically they claim that you can stream any ENTIRE feature film because using it in a class is transformative from it's original purpose of entertainment This has ZERO basis in law or any previous copyright case and is actually directly contradicted by many. At the ALA session when I asked asked if this were indeed correct did it not also apply to books so that a library could scan and upload The Great Gatsby, Catch 22 etc, the response was that is an interesting question which of course was a total dodge of this absurd theory. This justifies making and streaming copies of ANY work not created exclusively for educational use. Good luck defending that in court. ** ** On Wed, Aug 21, 2013 at 10:43 AM, Dennis Doros milefi...@gmail.com wrote: Because they are developed by practice communities themselves without intimidation from hostile outside groups. ** ** Wow! I didn't realize I was so tough! Next time I meet a librarian, I'll have to ease up on my hostility. ;-) 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 Visit our main website! www.milestonefilms.com Visit our new websites! www.portraitofjason.com, www.shirleyclarkefilms.com, Support Milestone Film on Facebookhttp://www.facebook.com/pages/Milestone-Film/22348485426 and Twitter https://twitter.com/#!/MilestoneFilms! ** ** See the website: Association of Moving Image Archivistshttp://www.amianet.org/ and like them on Facebookhttp://www.facebook.com/pages/Association-of-Moving-Image-Archivists/86854559717 AMIA 2013 Conference, Richmond, Virginia, November 5-9!http://www.amianet.org/ ** ** On Wed, Aug 21, 2013 at 9:46 AM, Pia Hunter huntr...@uic.edu wrote: Greetings, The ARL has created a great new resource to promote fair use and the Code of Best Practices. The full PDF is available at: http://www.arl.org/publications-resources/2875 There are three versions available: a full-size PDF, an 8.5 x 11 letter sized PDF for printing, and a PNG file for blogs and website. Please spread the word! -- Pia M. Hunter Reserve/Media and Microforms | University Library (M/C 234) University of Illinois at Chicago 801 South Morgan Street, Suite 1-250 LIB | Chicago, Illinois 60607 reserve submissions: lib-...@uic.edu | copyright inquiries: copyri...@uic.edu phone: 312-996-2719 | fax: 312.996.0901 ** ** VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors. ** ** VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors. ** ** VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors. 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
Re: [Videolib] The Good News about Library Fair Use (infographic)
Jessica and all, First off - it was pointed out to me off-list that my response contained some imprecise language. Namely, I said: ...to suggest that screening an entire film would be fair use, there would have to be a clear pedagogical purpose for screening the entire film that is not served by screening only a portion. I meant to focus on streaming issues, not screening issues in general, and should have use streaming in place of the bolded words, above. Many thanks to Eileen Karsten for pointing this out to me, and apologies if this muddied the intelligibility of my post. Now, regarding Jessica's response: Not having heard this particular talk by Mr. Butler, I can't comment on what he said or did not say. However, I would argue that the official ARL (not ACRL, by the way) position is the one articulated in the document. If he did not specifically talk about pedagogical use, my guess (and it's just that) would be that he was making certain assumptions about the reasons behind the streaming. As for schools that stream entire films without bothering to check etc., well, those schools may well be infringing! However, this does not change or invalidate the ARL position as stated in the document, because these schools, from Jessica's description, are not adhering to the published guidelines. Furthermore, Ms. Rosner seems at times to reduce things to simple dichotomies: Either ACRL [actually ARL] and ALA believe it is legal to stream a feature film (for a class limited to the students enrolled) without a license or they don't. Well, no, their positions are not quite so reductionist. ARL believes it is legal to stream an entire feature film under certain circumstances. It's not a binary position, it's actually a well, it depends position. As for the issue about books, I actually agree with Ms. Rosner: if ARL makes the transformative argument about films, then it seems reasonable (to me) to make the same argument about books, subject to similar limitations. It may be that, as a lawyer employed by ARL, Mr. Butler was not interested in articulating a new ARL legal policy in public, on the spot, and so, as lawyers are wont to do, found it necessary to equivocate. I can't say I would really blame him for that. I'm not really arguing about the legality of ARL's position, though I hope it ultimately passes the test in a courtroom someday. I just want it to be very clear that the guidelines as published place a variety of limitations on the concept of streaming and e-access to library materials, and they do not, in fact, contain blanket statements such as XYZ is ALWAYS legal or ABC is ALWAYS infringing. Their position in their published documents is fairly nuanced, and the debates should reflect those nuances, not sweep them aside. Finally, thank you for your kind words about Middlebury and fair use in general. I apologize profusely if I ever insinuated or implied you were a nut job (I hope I have never done that). I recognize you have a wealth of experience within the film community, and I have read many of your posts to this board that have been exceedingly helpful in finding distributors, rights holders, warning about piracy sites, etc. These can be invaluable for anyone involved with copyright issues and film. Kind regards, Terry Terry Simpkins Director, Research and Collection Services Library Information Services Middlebury College, Middlebury, VT 05753 (802) 443-5045 From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner Sent: Wednesday, August 21, 2013 1:24 PM To: videolib@lists.berkeley.edu Subject: Re: [Videolib] The Good News about Library Fair Use (infographic) Sorry but those limitations do not change the fact that ACRL AND Brenden Butler in a public session say it was entirely legal to steam ALL of CITIZEN KANE ( which is legally available to license from Swank) because it was made for entertainment and was now being used for education and that made it tranformative. There was no special pedagogical use use suggested. It was perfectly clear that he said any feature film being used in a class could be legally steamed in its entirety under fair use Does he not speak for ACRL? I know of many schools streaming entire feature films without ever bothering to check with license or pay copyright holders. If this is NOT the position of ACRL than I suggest someone have Mr. Butler explain why he said so AND avoided the corollary issue of if this would not also be true of written materials. I am not making this up. Either ACRL and ALA believe it is legal to stream a feature film ( for a class limited to the students enrolled) without a license or they don't and so far one of their top guys says they do. If one argues that streaming an entire film to students for a class is legal because it is transformative to take entertainment material and use it for educational
Re: [Videolib] The Good News about Library Fair Use (infographic)
that the official ARL (not ACRL, by the way) position is the one articulated in the document. If he did not specifically talk about “pedagogical use,” my guess (and it’s just that) would be that he was making certain assumptions about the reasons behind the streaming. ** ** As for schools that stream entire films “without bothering to check” etc., well, those schools may well be infringing! However, this does not change or invalidate the ARL position as stated in the document, because these schools, from Jessica’s description, are not adhering to the published guidelines. Furthermore, Ms. Rosner seems at times to reduce things to simple dichotomies: “Either ACRL [actually ARL] and ALA believe it is legal to stream a feature film (for a class limited to the students enrolled) without a license or they don't.” Well, no, their positions are not quite so reductionist. ARL believes it is legal to stream an entire feature film under certain circumstances. It’s not a binary position, it’s actually a “well, it depends” position. ** ** As for the issue about books, I actually agree with Ms. Rosner: if ARL makes the “transformative” argument about films, then it seems reasonable (to me) to make the same argument about books, subject to similar limitations. It may be that, as a lawyer employed by ARL, Mr. Butler was not interested in articulating a new ARL legal policy in public, on the spot, and so, as lawyers are wont to do, found it necessary to equivocate. I can’t say I would really blame him for that. ** ** I’m not really arguing about the legality of ARL’s position, though I hope it ultimately passes the test in a courtroom someday. I just want it to be very clear that the guidelines as published place a variety of limitations on the concept of streaming and e-access to library materials, and they do not, in fact, contain blanket statements such as “XYZ is ALWAYS legal” or “ABC is ALWAYS infringing.” Their position in their published documents is fairly nuanced, and the debates should reflect those nuances, not sweep them aside. ** ** Finally, thank you for your kind words about Middlebury and fair use in general. I apologize profusely if I ever insinuated or implied you were a “nut job” (I hope I have never done that). I recognize you have a wealth of experience within the film community, and I have read many of your posts to this board that have been exceedingly helpful in finding distributors, rights holders, warning about piracy sites, etc. These can be invaluable for anyone involved with copyright issues and film. ** ** Kind regards, Terry ** ** *Terry Simpkins* Director, Research and Collection Services Library Information Services Middlebury College, Middlebury, VT 05753 (802) 443-5045 ** ** *From:* videolib-boun...@lists.berkeley.edu [mailto: videolib-boun...@lists.berkeley.edu] *On Behalf Of *Jessica Rosner *Sent:* Wednesday, August 21, 2013 1:24 PM *To:* videolib@lists.berkeley.edu *Subject:* Re: [Videolib] The Good News about Library Fair Use (infographic) ** ** Sorry but those limitations do not change the fact that ACRL AND Brenden Butler in a public session say it was entirely legal to steam ALL of CITIZEN KANE ( which is legally available to license from Swank) because it was made for entertainment and was now being used for education and that made it tranformative. There was no special pedagogical use use suggested. It was perfectly clear that he said any feature film being used in a class could be legally steamed in its entirety under fair use Does he not speak for ACRL? I know of many schools streaming entire feature films without ever bothering to check with license or pay copyright holders. If this is NOT the position of ACRL than I suggest someone have Mr. Butler explain why he said so AND avoided the corollary issue of if this would not also be true of written materials. I am not making this up. Either ACRL and ALA believe it is legal to stream a feature film ( for a class limited to the students enrolled) without a license or they don't and so far one of their top guys says they do. If one argues that streaming an entire film to students for a class is legal because it is transformative to take entertainment material and use it for educational purposes it surely follows that this can be applied to any material an educational institution uses even if Mr. Butler flat out refused to answer the question. I sincerely appreciate that Middlebury is doing the right thing but I am not a nut job and in fact believe very strongly in legitimate fair use but I also work with filmmakers who have seen there works ripped off by the very institutions they trusted and sadly because of financial pressures from the top more institutions seem to do this ** ** ** ** ** ** On Wed, Aug 21, 2013 at 12:59 PM, Simpkins, Terry W
