I've come up with a _hypothetical situation_ where it would be
beneficial to stream an entire film:

5 instructors teach a common course with a common syllabus. One week
they are supposed to show a clip from the same documentary. The
instructors, however, can choose which scene(s) to show in class. None
of them are going to show the entire video. 

Using snippets in the classroom would fall under fair use and the TEACH
Act. We could provide a streaming video of each scene, which would take
a lot of time and energy and possibly result in duplication of effort
and frustration in the classroom. Or, we could stream the entire film
and let each instructor "queue" their preferred clip during class. 

Granted, the latter action would be geared to make _my_ workload less
onerous as well as to make it less confusing for the instructors. Note
that we are not streaming videos at Otis, but I am investigating how to
implement it effectively in the future. 

Now I have to go read the report mentioned below...

Heather Cleary
Digital Projects and Metadata Librarian
Otis College of Art and Design
9045 Lincoln Boulevard, Los Angeles, California 90045
Phone 310 665 6926 
Website http://blogs.otis.edu/vrclib/   
Email [email protected] 

-----Original Message-----
From: [email protected]
[mailto:[email protected]] On Behalf Of Carl Johnson
Sent: Monday, February 22, 2010 1:47 PM
To: [email protected]
Subject: [Videolib] Streaming Entire Films


>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

VIDEOLIB is intended to encourage the broad and lively discussion of issues 
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