No court in the land that wouldn't accept 108 as applicable, Jessica. Let's face it, 16mm, if not obsolete, is increasingly arcane and unusable in most teaching contexts. I'm totally with you on knee-jerk conversions from vhs to DVD), but this ain't a matter of convenience, at all.
Gary > Actually there is no indication 108 would apply at all. I see no > indication > the film is on death's door, merely that the Prof doesn't want to be > bothered screening it on 16mm ( which is definitely NOT a dead format) > As for what do to if it did in fact qualify, as usual I find your "civil > disobedience " claim a bit disingenuous. It is pretty much the same > (though > on a lower level) as schools or professors who claim they can dupe > anything > they want, stream anything they want etc because as educators copyright > law > really should not apply or at least restrict them. The section you often > quote in 108 is very, very clearly set up for archival purposes and not to > keep an item in circulation. It remains a very slippery slope from I need > to transfer my old VHS because I can't replace it, to I need to digitize > and > stream everything in the collection to make it easier to access. I suspect > some issues will come to a head soon with the UCLA case. > > On Wed, Sep 22, 2010 at 11:13 AM, <[email protected]> wrote: > >> Technically, no one really "owns" a purchased copy of a piece of media, >> ever. You acquire the piece with certain rights and/or stipulations >> (right >> to screen or view it in certain contexts, etc. etc.) Most purchase >> transactions are implicitly or explicitly contractual and for the life >> of >> the physical piece being purchased. (Streamed media is a whole >> different >> kettle of fish, and most digital licenses reflect this fact). >> >> Unless the purchase contract for a film, tape, or DVD specifically >> states >> otherwise, the First Sale Doctrine allows a purchaser to resell, rent, >> loan, or otherwise transfer the physical piece to another individual or >> group for the life of the physical piece. >> >> Gary Handman >> >> >> > This is interesting because I've seen a few items in our collection >> that, >> > rather than being purchased outright, were listed as "lease for life." >> > It's just like a purchase in that we paid for it once and we can keep >> it >> > forever, but now I wonder if that kind of transaction changes what we >> can >> > do with it. That is, if we don't own it do some aspects of copyright >> law >> > not apply? >> > >> > Cheers, >> > >> > Matt >> > >> > ________________________________________ >> > >> > Matt Ball >> > Media and Collections Librarian >> > University of Virginia >> > Charlottesville, VA 22904 >> > [email protected] | 434-924-3812 >> > >> > -----Original Message----- >> > From: [email protected] >> > [mailto:[email protected]] On Behalf Of >> > [email protected] >> > Sent: Tuesday, September 21, 2010 5:06 PM >> > To: [email protected] >> > Subject: Re: [Videolib] Academic Libraries Add Netflix Subscriptions >> > >> > First Sale has to do with commercial property transfer exclusively, I >> > think. In other words, it has to do with the rights of legal buyers. >> The >> > NetFlix transaction is a rental--a temporary "lease"?--and is, I would >> > imagine, a different can o' worms. But then again, I'm in no way >> > positive. >> > >> > gary >> > >> > >> >> One thing that comes to mind for me that hasn't come up in any of >> this >> >> discussion (which makes me wonder if I'm off base) is the issue of >> the >> >> first sale doctrine, which is what allows libraries to lend all that >> we >> >> lend. Borrowing dvds from Netflix would not confer this right, >> correct? >> >> Thereby making it rather clearly illegal. >> >> >> >> Am I thinking up the wrong tree (to butcher a metaphor)? >> >> >> >> Tom >> >> >> >> _____________________________ >> >> Tom Ipri, MS >> >> Head, Media and Computer Services >> >> Lied Library >> >> University of Nevada, Las Vegas >> >> 4505 S. Maryland Pkwy >> >> Box 457035 >> >> Las Vegas, NV 89154-7035 >> >> 702-895-2183 >> >> [email protected] >> >> >> >> >> >> >> >> From: "Mark Gooch" <[email protected]> >> >> To: <[email protected]> >> >> Date: 09/21/2010 01:15 PM >> >> Subject: [Videolib] Academic Libraries Add Netflix >> Subscriptions >> >> Sent by: [email protected] >> >> >> >> >> >> >> >> Here's an interesting article from the Chronicle of Higher Education: >> >> "Academic Libraries Add Netflix Subscriptions" http://bit.ly/9n7g6n >> >> >> >> Mark D. Gooch >> >> Technology & Government Information Librarian >> >> The College of Wooster Libraries >> >> 1140 Beall Avenue >> >> Wooster, Ohio 44691 >> >> Phone: 330/263-2522 >> >> FAX: 330/263-2253 >> >> [email protected] >> >> AIM: mgooch90 >> >> Yahoo! IM: mgooch1 >> >> >> >> 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. >> > >> > 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. >> > 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.
