We had an iTunes situation come up about a year ago. When you purchase from iTunes (or any online service) you are most likely agreeing to their licensing agreement which can trump fair use. Always read the license agreement to see what terms you are agreeing to. In our case, I read through and it looked like it was okay for the professor to purchase it and not violate the licensing agreement by showing it in class. I took it one step further and called to verify that this was so and asked for an email verifying this. Students who wanted to view it outside of class would have to purchase their own copy.
Jo Ann Jo Ann Reynolds Reserve Services Coordinator University of Connecticut Homer Babbidge Library Storrs, CT 860-486-1406 jo_ann.reyno...@uconn.edu Question Reality From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of matthew.wri...@unlv.edu Sent: Wednesday, December 15, 2010 11:55 AM To: videolib@lists.berkeley.edu Subject: [Videolib] iTunes question I apologize if this question has been asked before; I am new to this list. We have a professor that wants her students to watch a video. Its possible that she will show it in class, but its also possible she will ask each of them to watch it outside of class. The title is: Robert Blecker Wants Me Dead. She asked the library to purchase a DVD or maybe a few copies. I have tried and its not available in this format (not from Amazon, the film home page, robertbleckerwantsmedead.com, not from the distributor, Atlas Media). I contacted the distributor and they said they had no intention of putting the film on DVD but only marketing it through iTunes. It is available on iTunes for $7.99. I am curious how other libraries have handled situations where the only source of a film is iTunes. If she decided to show it to the class, I don't see it as a major problem because I think fair use would allow it to be shown in class and we would buy one copy for her iTunes account and she could show it from her laptop in class (and they are not marketing it with public performance rights anyway). But what about students who miss class? Or if she decides to have each student view it outside of class. You cannot share files on iTunes with other users. Its not like a link that can be sent among the student body. And, what if other students or professors want to watch it but have the library pay? It really is a compelling film if you are interested in the death penalty. I am told there are programs that will allow you take stuff on iTunes and convert it to DVD but its probably of questionable legality and also time consuming for my staff. I am disappointed in Atlas Media for not marketing this as a DVD. Any advice appreciate, Matthew Matthew Wright Head of Collection Development and Instructional Services William S. Boyd School of Law University of Nevada Las Vegas 4505 Maryland Parkway, Box 451080 Las Vegas, NV 89154-1080 (702) 895-2409; (702) 895-2410 (fax)
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.