>From another list...
Below is a link to a document ARL released on Friday analyzing the copyright implications of streaming entire films to students outside of the classroom. The document was prompted by the well-publicized dispute between UCLA and AIME, but it discusses the issue at a higher level of generality, explaining some of the factors that could make a variety of uses more or less likely to fall under one of three exceptions in the Copyright Act. The authors (Jonathan Band, Peter Jaszi, Kenneth Crews, and I) conclude that fair use provides the strongest protection for streaming, with Sections 110(1) and 110(2) (the TEACH Act) also arguably providing protection, depending on the circumstances. The document can be found here: http://www.arl.org/news/pr/Streaming-Films-19feb10.shtml We hope this guidance will help institutions to explore their rights and assert them strongly where possible, as actual practice can have a significant impact on the shape of evolving rights, especially fair use. We hope you all will find this document interesting and useful as you consider these very thorny questions! Best, Brandon Brandon Butler | Law & Policy Fellow | Association of Research Libraries | [email protected] | w: 202.296.2296 x156 | m: 202.684.6030 | 21 Dupont Circle, DC -----Original Message----- From: [email protected] [mailto:[email protected]] On Behalf Of [email protected] Sent: Monday, February 22, 2010 1:53 PM To: [email protected] Subject: videolib Digest, Vol 27, Issue 81 Send videolib mailing list submissions to [email protected] To subscribe or unsubscribe via the World Wide Web, visit https://calmail.berkeley.edu/manage/list/listinfo/[email protected] or, via email, send a message with subject or body 'help' to [email protected] You can reach the person managing the list at [email protected] When replying, please edit your Subject line so it is more specific than "Re: Contents of videolib digest..." Today's Topics: 1. Re: streaming videos for reserves. . . (Jane Sloan) 2. Re: streaming (Dennis Doros) 3. Jessica's devil's advocate question (Carrie Russell) 4. Re: Jessica's devil's advocate question (Jessica Rosner) 5. Fair Use Hockey: NetFlicks 10, Team Education 0 (Randal Baier) ---------------------------------------------------------------------- Message: 1 Date: Mon, 22 Feb 2010 15:09:17 -0500 From: Jane Sloan <[email protected]> Subject: Re: [Videolib] streaming videos for reserves. . . To: [email protected] Message-ID: <[email protected]> Content-Type: text/plain; charset=ISO-8859-1; format=flowed Thanks to you all, the brain trust, out there! Very impressive how you brought out the main points so quickly and concisely. Clearly, purchasing rights is preferred -- we have a state portal, NJVid, that is dedicated to serving just that; affordability is the issue there. But I also appreciate those of you who attempt to respond reasonably to demand for titles where rights are not available for any price. These are a great concern. Especially when I think of all the feature films used here, it seems like it will be a long time before this legitimate demand is met. I also appreciate those of you who made a clear distinction between online courses (yes, they deserve the same resources) and streaming reserves as supplements to regular face to face teaching (no, unless rights are purchased). I can tell you that my charge this year was to offer some kind of video streaming operation for course reserves, but now, with the UCLA development, my institution wants to wait until the case is settled. Too bad that putting out complete versions has now inhibited even the possibility of streaming portions for a limited time. I don't know how effective offering up a portion would be; on the other hand, even before the ucla case, there was not a precedent in my library for making a whole copy of anything anyway. So. . . the very good advice to pursue an internal institutional strategy to convince administrators to take a stand on asserting the rights of educational users, has, in fact, been set back by this ucla case. I'm at square one again. There's no doubt copyright law needs more attack. On the other hand, the issue of 'transformative' uses is interestingly parlayed here in a new brief some of you may not have seen yet --http://www.librarycopyrightalliance.org/bm~doc/ibstreamingfilms_021810.pdf. In the meantime, we and our users wait -- thanks again, Jane -- Jane Sloan Media Librarian 732-932-9783 x37 Rutgers University Libraries */Please consider the environment before printing this email/* ------------------------------ Message: 2 Date: Mon, 22 Feb 2010 15:24:30 -0500 From: Dennis Doros <[email protected]> Subject: Re: [Videolib] streaming To: [email protected] Message-ID: <[email protected]> Content-Type: text/plain; charset="iso-8859-1" Actually, I just wanted to clarify for people who know that "video" means everything and anything including DVD, that Carrie meant VHS since it's not encrypted. As for the technology of streaming, I've written that educators should be worried not about easy access but about the quality of presentation so many times that like the great Lilly von Schtupp, well it's illegal but it's still magnificent<http://www.youtube.com/watch?v=6-pmpgrYQgs> ... Dennis On Mon, Feb 22, 2010 at 3:10 PM, Jessica Rosner <[email protected]>wrote: > Cue Dennis to tell you really, really crappy that would look ( Beyond the > highly questionable concept of "fair use" allowing the streaming of an > entire copyrighted work). > Now just be my little evil devil's advocate self,f I have a question for > you Carrie. > Since ALA believes it is legal (or maybe you believe it should be legal) to > stream an entire work to students outside of the actual classroom does this > mean you will advice Georgia State & UCLA both of whom have backed down, to > NOT settle so this view could in fact be tested in court? > I mean that is what we all want right? A clear cut legal ruling would > certainly end all this debate. > > Jessica > > On Mon, Feb 22, 2010 at 1:55 PM, Carrie Russell <[email protected]>wrote: > >> >> Hello Dennis: >> Yes, I meant VHS. >> Cheers! -Carrie >> ------------------------------ >> >> Message: 4 >> Date: Mon, 22 Feb 2010 10:48:44 -0500 >> From: Dennis Doros <[email protected]> >> Subject: Re: [Videolib] Statement on video streaming >> To: [email protected] >> Message-ID: >> <[email protected]> >> Content-Type: text/plain; charset="iso-8859-1" >> >> Dear Carrie, >> >> Just to clarify, by video, you mean VHS? That would make sense to me. >> >> Best, >> Dennis >> Milestone F&V >> >> On Mon, Feb 22, 2010 at 10:41 AM, Carrie Russell >> <[email protected]>wrote: >> >> > Judy said: >> > >> > -------------------------------- >> > One interesting comment in this statement: >> > >> > "Moreover, educational institutions are likely to use only lawfully >> made >> > and acquired copies" >> > >> > Not if the item which they want to stream is a DVD with protective >> > encryption, any digitized-for-streaming version of which is illegal." >> > ----------------------------------------------- >> > I say: This is true only to an extent. If a DVD is encrypted, the user >> > can use the video version of the title (if available), and digitize it >> > for the classroom stream. In addition, if the DVD is encrypted, >> screen >> > capture software could be used (although the quality would suffer) >> > which the Copyright Office offered as a lawful alternative to DeCSS at >> > the last 1201 rulemaking. -Carrie Russell >> >> > >> >> 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. > > -- Best, Dennis Doros Milestone Film & Video/Milliarium Zero PO Box 128 Harrington Park, NJ 07640 Phone: 201-767-3117 Fax: 201-767-3035 email: [email protected] www.milestonefilms.com www.arayafilm.com www.exilesfilm.com www.wordisoutmovie.com www.killerofsheep.com AMIA Philadelphia 2010: www.amianet.org Join "Milestone Film" on Facebook! -------------- next part -------------- An HTML attachment scrubbed and removed. HTML attachments are only available in MIME digests. ------------------------------ Message: 3 Date: Mon, 22 Feb 2010 15:24:38 -0500 From: "Carrie Russell" <[email protected]> Subject: [Videolib] Jessica's devil's advocate question To: <[email protected]> Message-ID: <6eef089fc9523345b836caacbbd9f2cc01fed...@alaexch01.alawash.internal> Content-Type: text/plain; charset="US-ASCII" Jessica said: Now just be my little evil devil's advocate self,f I have a question for you Carrie. Since ALA believes it is legal (or maybe you believe it should be legal) to stream an entire work to students outside of the actual classroom does this mean you will advice Georgia State & UCLA both of whom have backed down, to NOT settle so this view could in fact be tested in court? Carrie says: I will not advise Georgia State, UCLA, or anyone how to handle their legal situation. ALA won't either. What we are saying in the issue brief is that we believe fair use could apply to the full screening of films, including screenings that are conducted by technological means depending on the situation. The brief describes that reasoning. Jessica said: I mean that is what we all want right? A clear cut legal ruling would certainly end all this debate. Carrie says: I don't think a court ruling would end this debate, in part, because this is a political debate. Courts don't create rules; they provide interpretations to guide us. Universities, schools, librarians and vendors can establish rules if they so choose. ------------------------------ Message: 4 Date: Mon, 22 Feb 2010 15:34:30 -0500 From: Jessica Rosner <[email protected]> Subject: Re: [Videolib] Jessica's devil's advocate question To: [email protected] Message-ID: <[email protected]> Content-Type: text/plain; charset="iso-8859-1" The court's don't make rules? That is a new one. There is a long history of law on "fair use" and how it can and cannot be used. If either UCLA or Georgia State decided to pursue their case ( my current understanding is that the publishers are trying to pursue Georgia State which wants the court to rule that whatever they did before in streaming whole works is irrelevant because they are not doing it now and won't do it again) and a court rules that "Fair Use" ( along with claims involving either "face to face" or the TEACH ACT do not allow you to stream an entire work, are you saying that would not be definitive? If courts don't make rules why are schools buying books or videos at all. Can't they just download them from bit torrent? There is no doubt that technology is making it very hard to ENFORCE copyright laws that does not mean they don't exist. The idea of "fair use" covering for instance the digitizing and streaming of an entire feature film is pretty breathtaking in its scope and despite all sorts of technology questions, I don't think it is really that complicated of a legal question. On Mon, Feb 22, 2010 at 3:24 PM, Carrie Russell <[email protected]>wrote: > Jessica said: Now just be my little evil devil's advocate self,f I have > a question for > you Carrie. > Since ALA believes it is legal (or maybe you believe it should be legal) > to > stream an entire work to students outside of the actual classroom does > this > mean you will advice Georgia State & UCLA both of whom have backed down, > to > NOT settle so this view could in fact be tested in court? > > Carrie says: I will not advise Georgia State, UCLA, or anyone how to > handle their legal situation. ALA won't either. What we are saying in > the issue brief is that we believe fair use could apply to the full > screening of films, including screenings that are conducted by > technological means depending on the situation. The brief describes > that reasoning. > > Jessica said: I mean that is what we all want right? A clear cut legal > ruling would > certainly end all this debate. > > Carrie says: I don't think a court ruling would end this debate, in > part, because this is a political debate. Courts don't create rules; > they provide interpretations to guide us. Universities, schools, > librarians and vendors can establish rules if they so choose. > > VIDEOLIB is intended to encourage the broad and lively discussion of issues > relating to the selection, evaluation, acquisition,bibliographic control, > preservation, and use of current and evolving video formats in libraries and > related institutions. It is hoped that the list will serve as an effective > working tool for video librarians, as well as a channel of communication > between libraries,educational institutions, and video producers and > distributors. > -------------- next part -------------- An HTML attachment scrubbed and removed. HTML attachments are only available in MIME digests. ------------------------------ Message: 5 Date: Mon, 22 Feb 2010 15:52:24 -0500 From: Randal Baier <[email protected]> Subject: [Videolib] Fair Use Hockey: NetFlicks 10, Team Education 0 To: [email protected] Message-ID: <[email protected]> Content-Type: text/plain; charset="iso-8859-1" Let's see .. in addition to cell phones, ATMs and iTunes downloads, we have managed to get students used to add-on technology fees, extra CDs in their textbooks for an extra price, value added enhancements to textbooks, at an extra price, special fees for "hybrid courses," which meet less often and are basically all web page, all the time, for an extra price .... so ... why don't we just stop spending so much intellectual capital and "what ifs" about fair use and simply have each student buy a $36 semester pass to NetFlicks and simply watch whatever they want On Demand. I could probably get the aforementioned fetishized original Metropolis if I needed it. We could even add it to the gym fee and get a gened requirement out of the way. Randal Baier Eastern Michigan University > The court's don't make rules? That is a new one. There is a long > history of law on "fair use" and how it can and cannot be used. If > either UCLA or Georgia State decided to pursue their case ( my current > understanding is that the publishers are trying to pursue Georgia > State which wants the court to rule that whatever they did before in > streaming whole works is irrelevant because they are not doing it now > and won't do it again) and a court rules that "Fair Use" ( along with > claims involving either > "face to face" or the TEACH ACT do not allow you to stream an entire > work, are you saying that would not be definitive? > If courts don't make rules why are schools buying books or videos at > all. Can't they just download them from bit torrent? There is no doubt > that technology is making it very hard to ENFORCE copyright laws that > does not mean they don't exist. > > The idea of "fair use" covering for instance the digitizing and > streaming of an entire feature film is pretty breathtaking in its > scope and despite all sorts of technology questions, I don't think it > is really that complicated of a legal question. > > On Mon, Feb 22, 2010 at 3:24 PM, Carrie Russell <[email protected] > <mailto:[email protected]>> wrote: > > Jessica said: Now just be my little evil devil's advocate self,f I > have > a question for > you Carrie. > Since ALA believes it is legal (or maybe you believe it should be > legal) > to > stream an entire work to students outside of the actual classroom > does > this > mean you will advice Georgia State & UCLA both of whom have backed > down, > to > NOT settle so this view could in fact be tested in court? > > Carrie says: I will not advise Georgia State, UCLA, or anyone how to > handle their legal situation. ALA won't either. What we are > saying in > the issue brief is that we believe fair use could apply to the full > screening of films, including screenings that are conducted by > technological means depending on the situation. The brief describes > that reasoning. > > Jessica said: I mean that is what we all want right? A clear cut legal > ruling would > certainly end all this debate. > > Carrie says: I don't think a court ruling would end this debate, in > part, because this is a political debate. Courts don't create rules; > they provide interpretations to guide us. Universities, schools, > librarians and vendors can establish rules if they so choose. > > 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. > -------------- next part -------------- An HTML attachment scrubbed and removed. HTML attachments are only available in MIME digests. End of videolib Digest, Vol 27, Issue 81 **************************************** 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.
