Hi Larry and thanks, as always Berkeley is, of course, definitely not UCLA. We are fastidious about respecting the licensing and sales terms and conditions of our distributors. While we do have a certain amount of open-source content (locally produced works, PD materials, orphan works) that we've made available to all, each and every one of our licensed titles requires UCB authentication (i.e. a faculty/student/staff password)--even when accessed from machines on this campus.
Thanks for the clarification and insights. gary > 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 > [email protected] > www.newsreel.org > > -----Original Message----- > From: [email protected] > [mailto:[email protected]] On Behalf Of > [email protected] > Sent: Friday, May 14, 2010 4:38 PM > To: [email protected] > Subject: videolib Digest, Vol 30, Issue 55 > > 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] > y.edu > > 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: Licensing versus Sales; Institutional versus Home > Pricing (Jessica Rosner) > > > ---------------------------------------------------------------------- > > Message: 1 > Date: Fri, 14 May 2010 19:37:26 -0400 > From: Jessica Rosner <[email protected]> > Subject: Re: [Videolib] Licensing versus Sales; Institutional versus > Home Pricing > To: [email protected] > Message-ID: > <[email protected]> > 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, <[email protected]> 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 >> > [email protected] >> > Northwest Vista College is one of the Alamo Colleges >> > www.alamo.edu/nvc/lrc >> > >> > >> > ________________________________ >> > >> > From: [email protected] on behalf of Lawrence > Daressa >> > Sent: Fri 5/14/2010 3:48 PM >> > To: [email protected] >> > 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 >> > [email protected] >> > www.newsreel.org >> > >> > -----Original Message----- >> > From: [email protected] >> > [mailto:[email protected]] On Behalf Of >> > [email protected] >> > Sent: Friday, May 14, 2010 10:47 AM >> > To: [email protected] >> > Subject: videolib Digest, Vol 30, Issue 49 >> > >> > 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] >> > y.edu >> > >> > 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. New Social Network question (Rachel Gordon) >> > 2. Re: Copyright & Reserves ([email protected]) >> > 3. Re: New Social Network question (Susan Albrecht) >> > >> > >> > > ---------------------------------------------------------------------- >> > >> > Message: 1 >> > Date: Fri, 14 May 2010 13:35:10 -0400 >> > From: "Rachel Gordon" <[email protected]> >> > Subject: [Videolib] New Social Network question >> > To: <[email protected]> >> > 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 >> > >> > [email protected] >> > >> > 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: [email protected] >> > Subject: Re: [Videolib] Copyright & Reserves >> > To: [email protected] >> > Message-ID: >> > > <[email protected]> >> > 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 > <[email protected]> >> >> 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: [email protected] [ >> >>> [email protected]] On Behalf Of >> >>> [email protected] [[email protected]] >> >>> Sent: Thursday, May 13, 2010 1:15 PM >> >>> To: [email protected] >> >>> 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 >> >>> [email protected] >> >>> 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 >> > [email protected] >> > 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 <[email protected]> >> > Subject: Re: [Videolib] New Social Network question >> > To: <[email protected]>, <[email protected]> >> > Message-ID: >> > > <[email protected]> >> > 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: [email protected] >> > [mailto:[email protected]] On Behalf Of Rachel > Gordon >> > Sent: Friday, May 14, 2010 1:35 PM >> > To: [email protected] >> > 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 >> > [email protected] >> > 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 >> [email protected] >> 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. > Gary Handman Director Media Resources Center Moffitt Library UC Berkeley 510-643-8566 [email protected] 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.
