Hi Jessica,

Thank you for pointing out the fuzziness of my "educational goals" statment, 
though I did try qualify that by stating "what I'm allowed to do."  I should 
have further stated "by copyright law or the vendor's license."

Yep, I'm very aware of the restrictions against digitizing and streaming 
without permission.  Alas, my day is full of saying "no" to just such requests 
from faculty.  And I have negotiated a few streaming rights, but the licensing 
and pricing model is still somewhat puzzling.

BTW, that's good to know that distributors don't usually own the rights in 
perpetuity themselves.  I'm learning already.  <grin>

Cheers,

Matt

________________________________________

Matt Ball
Media and Collections Librarian
University of Virginia
Charlottesville, VA  22904
mattb...@virginia.edu<mailto:mattb...@virginia.edu> | 434-924-3812


________________________________
From: videolib-boun...@lists.berkeley.edu [videolib-boun...@lists.berkeley.edu] 
On Behalf Of Jessica Rosner [jessicapros...@gmail.com]
Sent: Tuesday, September 28, 2010 3:09 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Question about streaming rights

The law allows you to use a legal copy of a film IN class  under the FACE to 
Face teaching instruction. You may not digitize and stream a film without 
permission/license from the rights holder. "Educational Goals" is sort of 
wishful thinking statement. If you could do anything you wanted because someone 
wanted to see a film, you could buy bootlegs, digitize all your VHS, heck just 
borrow some item from NetFlix  or a local video store and copy it. You can by a 
film for $19.95 or $295.00 but it comes with specific rights and unless 
streaming is specifically included ( usually at a additional cost) you don't 
have them.

Streaming rights are very complicated because other than studio films ( and by 
no means all of those) most films can not currently be sold with perpetual 
rights. Film rights tend to be on 7 to 10 year contracts with the distributors. 
I imagine some new contracts may indeed allow the sale of perpetual streaming 
rights but the number would not be high. Frankly I would be cautious on buying 
any perpetual rights on other than very new releases of non fiction films. I 
would have the seller certify they have those rights to sell in the terms of 
their contract as distributors very rarely own a film in perpetuity themselves.


On Tue, Sep 28, 2010 at 2:51 PM, Ball, James (jmb4aw) 
<jmb...@eservices.virginia.edu<mailto:jmb...@eservices.virginia.edu>> wrote:
Hello Everyone,

I’m a bit perplexed by the complex licensing and pricing structures of 
streaming rights, and some of the recent talk on this listserv has helped 
clarify a question that’s been floating around my mind for a while, so I figure 
I’ll pose it to the collective wisdom.

If I can buy a DVD for, say, $295.00 and I can keep it forever, and  I’m 
allowed to do certain things with it to meet the educational goals of my 
institution, then why is it different for a streaming version of the same 
title?  Some streaming rights have to be renewed every few years. Or, if there 
are perpetual rights they are often priced exorbitantly high.  Doesn’t it make 
sense to pay the same price as for a DVD (maybe even less since manufacturing 
costs wouldn’t be an issue) and keep it forever, just like a DVD?  Or even an 
e-book.  And, as with  an e-book, I would be bound to restrict access to it 
only to members of my institution.

Perhaps this is a gross oversimplification of something that’s actually quite 
complex, so consider these the innocent (demented?) musings of a newbie, but 
I’d be interested in hearing others’ thoughts on the matter.

Yours in hopefully not opening a Pandora’s box,

Matt

________________________________________

Matt Ball
Media and Collections Librarian
University of Virginia
Charlottesville, VA  22904
mattb...@virginia.edu<https://mail.eservices.virginia.edu/owa/redir.aspx?C=62fe60f092584617be4c37bdfc2dcf42&URL=mailto%3amattball%40virginia.edu>
 | 434-924-3812


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.

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