I hope Chris Lewis will forward these clear guidelines to his colleagues Pat Aufderheide of the Center for Social Media at American University and Peter Jazy of the American University Law School. It may help them clarify their position on whether every educational use of copyrighted material, in whole or in part, ipso facto constitutes a transformative and hence fair use.
Although this ruling specifically addresses the breaking of encryption under the DMCA, I think we can infer that Librarian of Congress' definition of the exemption is intended to permit circumvention in the case of "fair uses" as historically understood. The Librarian's language restricts circumvention to "incorporation of small portions of motion pictures into new works for the purpose of criticism or comment." This reaffirms that only small portions of a work may be used under a fair use claim, only enough quotation to permit criticism of or comment on the work quoted. Thus claims, such as UCLA's, that it may break DVD encryption to stream entire texts simply because they are being used educationally are ruled out. More importantly, the Librarian limits the purposes for which encryption may be broken to "criticism and comment." This does not permit circumvention simply to "explain or illustrate" what the work itself explains or illustrates. This distinction is indeed academic because educational texts are explicitly intended to "explain and illustrate" educational points. Hence, their use to do so would, on its face, not be q transformative use but something closer to plagiarism, not quotation but substitution, in short, copying a copyrighted work to circumvent not encryption but payment. This provides narrower grounds for breaking encryption than I, as a documentary producer, would prefer. I would hope that copyrighted material could be incorporate into a remix or mash-up, not just to critique or comment on the material quoted but merely to transform it, for example, through video manipulation or superimposition. This would, I admit, require a rather expansive interpretation of "comment." . . 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: Monday, July 26, 2010 10:35 AM To: [email protected] Subject: videolib Digest, Vol 32, Issue 58 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: videolib Digest, Vol 32, Issue 57 (Maria Soares) 2. Re: New copyright rules re: DMCA exemptions are finally announced - and they are now exempt educational uses by all university professors and students (Jessica Rosner) 3. FAQ on DMCA (CROWLEY, CHRISTINE) 4. Re: FAQ on DMCA (Brewer, Michael) ---------------------------------------------------------------------- Message: 1 Date: Mon, 26 Jul 2010 12:45:06 -0400 From: "Maria Soares" <[email protected]> Subject: Re: [Videolib] videolib Digest, Vol 32, Issue 57 To: [email protected] Message-ID: <[email protected]> Content-Type: text/plain; charset="utf-8" I will be on vacation as of July 26 and returning August 16. Interlibrary loan services will not be available during this time. If you need immediate assistance, please call 416-675-6622 ext. 4421 -------------- next part -------------- An HTML attachment scrubbed and removed. HTML attachments are only available in MIME digests. ------------------------------ Message: 2 Date: Mon, 26 Jul 2010 12:46:01 -0400 From: Jessica Rosner <[email protected]> Subject: Re: [Videolib] New copyright rules re: DMCA exemptions are finally announced - and they are now exempt educational uses by all university professors and students To: [email protected] Message-ID: <[email protected]> Content-Type: text/plain; charset="iso-8859-1" Very sensible. It allows you circumvent the DMCA in order to use a small portion of a work for a class etc. I especially appreciate that it really spells out this is a small portion and for a "transformative" purpose. Jessica On Mon, Jul 26, 2010 at 12:35 PM, Chris Lewis <[email protected]> wrote: > http://www.copyright.gov/1201/ > > -- > Chris Lewis > Media Librarian > American University Library > 202.885.3257 > > Please think twice before printing this e-mail. > > 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: 3 Date: Mon, 26 Jul 2010 12:17:48 -0500 From: "CROWLEY, CHRISTINE" <[email protected]> Subject: [Videolib] FAQ on DMCA To: <[email protected]> Message-ID: <[email protected]> Content-Type: text/plain; charset="us-ascii" Okay, pardon me if I missed this issue being dealt with earlier this summer. I have been out of town a lot and have not followed up on some threads. I am looking for an FAQ for the DMCA and TEACH act for higher ed faculty. You know, where they think they can grab a DVD off the shelf and have it broadcast over Mediasite or some such service for distance ed students. Or that they can stream it completely in Blackboard. Is anyone aware of such? Please supply URL and I will send them and you my eternal gratitude! Christine Crowley Dean of Learning Resources Northwest Vista College 3535 N. Ellison Dr. San Antonio, TX 78251 210.486.4572 voice 210.486.4504 fax NEW NAME AND [email protected] From: [email protected] [mailto:[email protected]] On Behalf Of Jessica Rosner Sent: Monday, July 26, 2010 11:46 AM To: [email protected] Subject: Re: [Videolib] New copyright rules re: DMCA exemptions are finallyannounced - and they are now exempt educational uses by alluniversity professors and students Very sensible. It allows you circumvent the DMCA in order to use a small portion of a work for a class etc. I especially appreciate that it really spells out this is a small portion and for a "transformative" purpose. Jessica On Mon, Jul 26, 2010 at 12:35 PM, Chris Lewis <[email protected]> wrote: http://www.copyright.gov/1201/ -- Chris Lewis Media Librarian American University Library 202.885.3257 Please think twice before printing this e-mail. 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: 4 Date: Mon, 26 Jul 2010 10:29:11 -0700 From: "Brewer, Michael" <[email protected]> Subject: Re: [Videolib] FAQ on DMCA To: "[email protected]" <[email protected]> Message-ID: <d8828b9129050541af4256cd00d50ec9025bff6...@smethurst.library.arizona.ed u> Content-Type: text/plain; charset="us-ascii" I think the Exceptions for Instructors eTool that I created with the help/support of the Copyright Subcommittee of ALA's Office for Information Technology Policy is a good place to start. http://librarycopyright.net/etool/ I'd love to hear what you think of it and if you end up using it at your institution. We make it available through a creative commons license, so you can put it on your own institution's servers and add your own contact information ,etc. if you like. mb Michael Brewer Team Leader for Instructional Services University of Arizona Libraries [email protected]<mailto:[email protected]> From: [email protected] [mailto:[email protected]] On Behalf Of CROWLEY, CHRISTINE Sent: Monday, July 26, 2010 10:18 AM To: [email protected] Subject: [Videolib] FAQ on DMCA Okay, pardon me if I missed this issue being dealt with earlier this summer. I have been out of town a lot and have not followed up on some threads. I am looking for an FAQ for the DMCA and TEACH act for higher ed faculty. You know, where they think they can grab a DVD off the shelf and have it broadcast over Mediasite or some such service for distance ed students. Or that they can stream it completely in Blackboard. Is anyone aware of such? Please supply URL and I will send them and you my eternal gratitude! Christine Crowley Dean of Learning Resources Northwest Vista College 3535 N. Ellison Dr. San Antonio, TX 78251 210.486.4572 voice 210.486.4504 fax NEW NAME AND [email protected] From: [email protected] [mailto:[email protected]] On Behalf Of Jessica Rosner Sent: Monday, July 26, 2010 11:46 AM To: [email protected] Subject: Re: [Videolib] New copyright rules re: DMCA exemptions are finallyannounced - and they are now exempt educational uses by alluniversity professors and students Very sensible. It allows you circumvent the DMCA in order to use a small portion of a work for a class etc. I especially appreciate that it really spells out this is a small portion and for a "transformative" purpose. Jessica On Mon, Jul 26, 2010 at 12:35 PM, Chris Lewis <[email protected]<mailto:[email protected]>> wrote: http://www.copyright.gov/1201/ -- Chris Lewis Media Librarian American University Library 202.885.3257 Please think twice before printing this e-mail. 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 32, Issue 58 **************************************** 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.
