Dear Gary, I don't see why this would create a problem if the researcher were accredited and password protected. Password protection constitutes recognition that the user is in some way affiliated with Berkeley or that they have access to a digital device located on that campus.
On the other hand, if the content is available to anyone in the world without password-protection or university accreditation, it would grant Berkeley world-wide streaming rights for $195, putatively eliminating the rest of the global market. Not only would this violate distributors' contracts with their producers but producers' contracts with the copyright holders of embedded content. Even Google agrees to apply geo-blocking. This raises a related issue. If there is in fact no difference between a DVD and digital streaming, why is it that now people thousands of miles from Berkeley have access to content which they would not have in the case of a DVD or hard copy book? I understand the responsibilities of an international research institution but, as with the UCLA case, they seem to trump any consideration of copyright let alone compensation for content producers. Best Wishes Larry Lawrence Daressa California Newsreel 500 Third Street, #505 San Francisco, CA 94107 phone: 415.284.7800 x302 fax: 415.284.7801 l...@newsreel.org www.newsreel.org -----Original Message----- From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of videolib-requ...@lists.berkeley.edu Sent: Friday, May 14, 2010 4:38 PM To: videolib@lists.berkeley.edu Subject: videolib Digest, Vol 30, Issue 55 Send videolib mailing list submissions to videolib@lists.berkeley.edu To subscribe or unsubscribe via the World Wide Web, visit https://calmail.berkeley.edu/manage/list/listinfo/video...@lists.berkele y.edu or, via email, send a message with subject or body 'help' to videolib-requ...@lists.berkeley.edu You can reach the person managing the list at videolib-ow...@lists.berkeley.edu When replying, please edit your Subject line so it is more specific than "Re: Contents of videolib digest..." Today's Topics: 1. Re: Licensing versus Sales; Institutional versus Home Pricing (Jessica Rosner) ---------------------------------------------------------------------- Message: 1 Date: Fri, 14 May 2010 19:37:26 -0400 From: Jessica Rosner <maddux2...@gmail.com> Subject: Re: [Videolib] Licensing versus Sales; Institutional versus Home Pricing To: videolib@lists.berkeley.edu Message-ID: <aanlktin8gw5ixmx8pznsqygwblcpk9vfqztdrpnsz...@mail.gmail.com> Content-Type: text/plain; charset="iso-8859-1" I think this can easily be worked out. I think it would be more practical for a purchase agreement to just make it clear what is already the case under copyright law , the purchasers can not digitize, stream or copy any title without explicit permission. I doubt you or most librarians here would have a problem with that. Alas that does not solve that much as the pricing for streaming and the length of term is still a major problem. On Fri, May 14, 2010 at 6:49 PM, <ghand...@library.berkeley.edu> wrote: > This is massively problematic, Larry (and all others)... > > "All purchasing a license as opposed to a DVD does is > restrict use to registered students, staff and faculty, whether > individually or in class." > > Public research institutions (and many small public institutions) are > chartered not only to support teaching, study, and research by "registered > students, staff and faculty", but also to national and international > scholarly agendas and needs. Although the very large majority of MRC's > use is by UCB/UC students, we regularly make ourselves available to valid > researchers from all over the world. A license that would restrict this > larger mission is simply not tenable for us. I suspect that this also > holds true for other ARL colleagues on this list... > > Gary Handman > > > > > I'm trying to imagine having the time and the staff to arrange for and > > monitor the usage of your materials, Lawrence. And multiply that by the > > number of vendors we buy from...all of whom may have similar policies > with > > minor differences..hmmm. And then we must also invite the IT folks and > > faculty to these discussions as they often are ignorant (blissfully so) > of > > the nuances of use and are probably planning to make use of the current > > technology to deliver this information to their students. There might be > a > > whole new career path for Licensing Arbitrators. Not that we could afford > > to hire one... > > > > Just my thoughts on a rainy afternoon, > > > > Christine Crowley > > Dean of Learning Resources > > Northwest Vista College > > 3535 N. Ellison Dr. > > San Antonio, TX 78251 > > 210.486.4572 office > > 210.486.4504 fax > > ccrowl...@alamo.edu > > Northwest Vista College is one of the Alamo Colleges > > www.alamo.edu/nvc/lrc > > > > > > ________________________________ > > > > From: videolib-boun...@lists.berkeley.edu on behalf of Lawrence Daressa > > Sent: Fri 5/14/2010 3:48 PM > > To: videolib@lists.berkeley.edu > > Subject: [Videolib] Licensing versus Sales; Institutional versus Home > > Pricing > > > > > > > > Dear All, > > > > I've been off the list for two weeks and would like to add something to > > the discussion of licensing versus sales and institutional versus home > > pricing. I apologize if I have made these points before, but they seem > > to have bearing on these postings. > > > > Newsreel has begun attaching a licensing agreement to all our DVD sales > > in response to the UCLA case and the proliferation of similarly fanciful > > fair use claims. All purchasing a license as opposed to a DVD does is > > restrict use to registered students, staff and faculty, whether > > individually or in class. It also forbids format migration. DVDs, of > > course, may still be delivered digitally to classrooms and may be > > included in CMSs for $2.99 per student or for $195 for an entire > > institution (the break-even point is obviously 66 students.) > > > > We agree that it is unreasonable to expect a professor or researcher to > > pay $195 just to screen a film. Therefore we continue to offer free DVD > > previews which will soon be available via video streaming. To > > accommodate libraries which would like to use a film for reference as > > opposed to curricular purposes, we also license digitally downloaded > > files with DRM restricting their use to the usual four digital devices > > (with the proviso that none of these devices be used in a classroom.) > > > > Analogously, we feel it is unreasonable to expect a university to pay > > the same price as a individual home video purchaser ($24.95) to screen a > > film to several thousand students over a period of years. The advent of > > remote digital delivery and more sophisticated DRM wrap should allow > > even more flexible pricing and a more equitable correlation of price > > with actual use. > > > > Larry Daressa > > > > Lawrence Daressa > > California Newsreel > > 500 Third Street, #505 > > San Francisco, CA 94107 > > phone: 415.284.7800 x302 > > fax: 415.284.7801 > > l...@newsreel.org > > www.newsreel.org > > > > -----Original Message----- > > From: videolib-boun...@lists.berkeley.edu > > [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of > > videolib-requ...@lists.berkeley.edu > > Sent: Friday, May 14, 2010 10:47 AM > > To: videolib@lists.berkeley.edu > > Subject: videolib Digest, Vol 30, Issue 49 > > > > Send videolib mailing list submissions to > > videolib@lists.berkeley.edu > > > > To subscribe or unsubscribe via the World Wide Web, visit > > > > https://calmail.berkeley.edu/manage/list/listinfo/video...@lists.berkele > > y.edu > > > > or, via email, send a message with subject or body 'help' to > > videolib-requ...@lists.berkeley.edu > > > > You can reach the person managing the list at > > videolib-ow...@lists.berkeley.edu > > > > When replying, please edit your Subject line so it is more specific > > than "Re: Contents of videolib digest..." > > > > > > Today's Topics: > > > > 1. New Social Network question (Rachel Gordon) > > 2. Re: Copyright & Reserves (ghand...@library.berkeley.edu) > > 3. Re: New Social Network question (Susan Albrecht) > > > > > > ---------------------------------------------------------------------- > > > > Message: 1 > > Date: Fri, 14 May 2010 13:35:10 -0400 > > From: "Rachel Gordon" <energ...@verizon.net> > > Subject: [Videolib] New Social Network question > > To: <videolib@lists.berkeley.edu> > > Message-ID: <7c187472cae84f68af76569b13851...@rachel> > > Content-Type: text/plain; charset="us-ascii" > > > > Hey all! > > > > Is anyone using Diaspora yet? I have been seeing it pop up a lot in > > film > > stuff and thought I'd see if it was something you're all looking into or > > not.apparently a better/more private version of Facebook developed by 4 > > NYU > > early 20's grad students. > > > > > > > > Hope all is well - love to hook up at ALA! > > > > Best, > > > > Rachel > > > > > > > > Rachel Gordon > > > > energ...@verizon.net > > > > www.energizedfilms.com > > > > > > > > > > > > > > > > -------------- next part -------------- > > An HTML attachment scrubbed and removed. > > HTML attachments are only available in MIME digests. > > > > ------------------------------ > > > > Message: 2 > > Date: Fri, 14 May 2010 10:41:22 -0700 > > From: ghand...@library.berkeley.edu > > Subject: Re: [Videolib] Copyright & Reserves > > To: videolib@lists.berkeley.edu > > Message-ID: > > <57e638cb26a238f9b2b6ba7a0e657973.squir...@calmail.berkeley.edu> > > Content-Type: text/plain;charset=utf-8 > > > > Listen, if that were the case, there would be no video collections in > > libraries. Don't believe it. Where is your colleague getting his/her > > info? Mars? > > > > Gary > > > > > > > >> I think he should find you that court case because it is NUTS. Nothing > > in > >> copyright law would limit the distribution of a legal copy. The right > > of > >> first sale allows the purchaser to use the item in any legal way > > including > >> renting it, circulating it or leaving it on reserve. The only way to > >> supersede that would be by contract and I have a hard time imagining a > >> company requiring a borrow NOT to put an item on reserve as a term of > > sale > >> , > >> but I suppose it is theoretically possible. > >> > >> Anyway ask him for a link to the case. > >> > >> On Fri, May 14, 2010 at 11:36 AM, Moshiri, Farhad <mosh...@uiwtx.edu> > >> wrote: > >> > >>> This is getting more interesting. My colleague says there has been > > court > >>> cases in which the copyright holder claimed that by keeping the book > > (or > >>> DVD) constantly on reserve and making it available all the time, the > >>> library > >>> is somehow preventing the faculty and the students to buy it and so > >>> damaging > >>> the potential market for the item and the court has sided with the > >>> copyright > >>> holder! The reasoning is that if the item is on regular circulating > >>> shelf, > >>> one person checks it out and others will be encouraged to buy the > > item. > >>> I > >>> haven't heard of such a case before. Maybe there has been cases about > >>> the > >>> textbooks. But audiovisual materials on reserve are usually > > supplemental > >>> materials with the exception of film studies courses, of course. What > > do > >>> you > >>> think? > >>> > >>> Farhad > >>> > >>> ________________________________________ > >>> From: videolib-boun...@lists.berkeley.edu [ > >>> videolib-boun...@lists.berkeley.edu] On Behalf Of > >>> ghand...@library.berkeley.edu [ghand...@library.berkeley.edu] > >>> Sent: Thursday, May 13, 2010 1:15 PM > >>> To: videolib@lists.berkeley.edu > >>> Subject: Re: [Videolib] Copyright & Reserves > >>> > >>> None of what your colleagues has told you is true. I think he or she > > is > >>> definitely confusing this stuff with photoduplicated print reserve > >>> materials. The First Sale doctrine of the copyright law allows you > > to > >>> do > >>> whatever you damn want with legally acquired copies of DVDs > > (including, > >>> unlimited loan, resale, rental...) > >>> > >>> gary handman > >>> > >>> > >>> > >>> > One of my colleagues told me in order to keep a DVD (or a book) on > >>> course > >>> > reserves for consecutive semesters we need to get copyright > > holder's > >>> > permission. I know this is true about copies of journal articles or > >>> > chapters of books. But this is about the legally purchased DVDs or > >>> books > >>> > in the library collection. Is this true? > >>> > > >>> > Farhad Moshiri > >>> > AV Librarian > >>> > University of the Incarnate Word > >>> > San Antonio, TX > >>> > > >>> > ________________________________ > >>> > This email and any files transmitted with it may be confidential or > >>> > contain privileged information and are intended solely for the use > > of > >>> the > >>> > individual or entity to which they are addressed. If you are not > > the > >>> > intended recipient, please be advised that you have received this > >>> email > >>> in > >>> > error and that any use, dissemination, forwarding, printing, or > >>> copying > >>> of > >>> > this email and any attachments is strictly prohibited. If you have > >>> > received this email in error, please immediately delete the email > > and > >>> any > >>> > attachments from your system and notify the sender. Any other use > > of > >>> this > >>> > e-mail is prohibited. Thank you for your compliance. > >>> > 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. > >>> > >>> This email and any files transmitted with it may be confidential or > >>> contain > >>> privileged information and are intended solely for the use of the > >>> individual > >>> or entity to which they are addressed. If you are not the intended > >>> recipient, please be advised that you have received this email in > > error > >>> and > >>> that any use, dissemination, forwarding, printing, or copying of this > >>> email > >>> and any attachments is strictly prohibited. If you have received this > >>> email > >>> in error, please immediately delete the email and any attachments > > from > >>> your > >>> system and notify the sender. Any other use of this e-mail is > >>> prohibited. > >>> Thank you for your compliance. > >>> > >>> 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 > > > > > > > > > > ------------------------------ > > > > Message: 3 > > Date: Fri, 14 May 2010 13:50:49 -0400 > > From: Susan Albrecht <albre...@wabash.edu> > > Subject: Re: [Videolib] New Social Network question > > To: <energ...@verizon.net>, <videolib@lists.berkeley.edu> > > Message-ID: > > <2ff2bcd5e436064db03d23dd471f543809c92...@exstore.wabash.main> > > Content-Type: text/plain; charset="us-ascii" > > > > I just looked at their site a couple of days ago. It didn't look like > > it was quite up & running yet. Or am I mistaken? Something more > > private than FB is sounding MUCH better at the moment.... > > > > Susan > > > > > > From: videolib-boun...@lists.berkeley.edu > > [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Rachel Gordon > > Sent: Friday, May 14, 2010 1:35 PM > > To: videolib@lists.berkeley.edu > > Subject: [Videolib] New Social Network question > > > > Hey all! > > Is anyone using Diaspora yet? I have been seeing it pop up a lot in > > film stuff and thought I'd see if it was something you're all looking > > into or not...apparently a better/more private version of Facebook > > developed by 4 NYU early 20's grad students... > > > > Hope all is well - love to hook up at ALA! > > Best, > > Rachel > > > > Rachel Gordon > > energ...@verizon.net > > www.energizedfilms.com > > > > > > > > -------------- next part -------------- > > An HTML attachment scrubbed and removed. > > HTML attachments are only available in MIME digests. > > > > End of videolib Digest, Vol 30, Issue 49 > > **************************************** > > > > 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. > -------------- next part -------------- An HTML attachment scrubbed and removed. HTML attachments are only available in MIME digests. End of videolib Digest, Vol 30, Issue 55 **************************************** 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.
