If the documentaries are designed to accompany the textbook, the publishers may 
be willing to give permission for the streaming version as an ancillary.
If the documentaries are designed to accompany a textbook not used in the 
course, they can't be used, I believe.
If they are independent documentaries, they should be shown in class. Probably 
for distance ed they could be streamed if certain restrictions are observed 
(posted only for a short time, e.g.). The fact that some distributors of 
educational documentaries are offering streaming rights and streaming versions 
points towards an interpretation that these materials are for sale and cannot 
be turned into an electronic reserve.

Am I right about this?

Judy

From: [email protected] 
[mailto:[email protected]] On Behalf Of Pat Mcgee
Sent: Friday, November 12, 2010 1:40 PM
To: [email protected]
Subject: Re: [Videolib] Streaming within a password protected course management 
system

Hi all,
Let me clarify-the films streamed are documentaries produced for educational 
use-not feature films.  The class, however, is not a distance education class 
but a face-to-face 'regular' college course, and we do have legally acquired 
hard copies of the titles on reserve for viewing in the library.
Pat McGee

Coordinator of Media Services
Volpe Library and Media Center
Tennessee Technological University
Campus Box 5066
Cookeville, TN 38505
931-372-3544



From: [email protected] 
[mailto:[email protected]] On Behalf Of Dennis Doros
Sent: Friday, November 12, 2010 11:11 AM
To: [email protected]
Subject: Re: [Videolib] Streaming within a password protected course management 
system

Gary, to be fair, I did bring UCLA up in my first email and suggested this is 
all up in the air. And also to be fair, Pat would have to further elaborate on 
the films being streamed and how they're being used. By her use of the term 
"movies," I'm assuming full-length entertainment features, but I may be 
absolutely wrong.

As for UCLA's case, that is their point of view and is not a legally proven 
judgement. Hopefully, a judge will decide and legal precedent either way will 
be established.

And my feelings when UCLA includes in this release, "foreign-language films for 
linguistic and foreign-language courses" as permissible is something I object 
to in several different ways.

1) It seems to be full-length films UCLA is talking about and they're not 
educational films per se.
2) They're obviously circumventing encryption.
3) They're implying that only foreign language films have a role in education 
and/or that they're not "real" entertainment for anybody outside the classroom. 
I know this is an absolute contradiction with my two first two objections, but 
I did find this objectionable in terms of how foreign films are seen by the 
public.

And just to mention, this is primarily UCLA's IT department speaking. I do know 
other departments there at UCLA that find this stance highly objectionable but 
cannot comment publicly.

Milestone has not taken legal sides on this case because I think it needs to be 
handled by further revisions in the Copyright laws and mediation will be the 
best way for distributors and educators to solve this mess. I'm also on the 
board of the Association of Moving Image Archivists and in that position, I 
have to represent the 1000+ members (including studios, archives, educators and 
librarians) that are on both sides of this fence. By I do know that the 
transference of formats without pay is going to hurt the business end of 
filmmaking, restoration and distribution and will adversely affect us all in 
the future if basic and fair compensations aren't able to be worked out. 
Already, the illegal bit torrent use by individuals has sharply reduced the 
number of titles being released in the US.

Dennis

On Fri, Nov 12, 2010 at 11:42 AM, 
<[email protected]<mailto:[email protected]>> wrote:
Ding ding ding ding

"why this should not happen" is currently being hotly contested:  see the
UCLA case:
http://newsroom.ucla.edu/portal/ucla/campus-to-re-start-streaming-of-154601.aspx

gary handman

> Hi all,
>
> I hate to raise this issue again, but apparently the computer geeks on
> campus are streaming movies for faculty in a password protected course
> mgt system without bothering to get permission/ license.  Does anyone
> have a concise summary of why this should not happen?
>
>
>
> Many thanks.
>
> Pat McGee
>
>
>
> Coordinator of Media Services
>
> Volpe Library and Media Center
>
> Tennessee Technological University
>
> Campus Box 5066
>
> Cookeville, TN 38505
>
> 931-372-3544
>
>
>
> 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]<mailto:[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.



--
Best,
Dennis Doros
Milestone Film & Video/Milliarium Zero
PO Box 128
Harrington Park, NJ 07640
Phone: 201-767-3117
Fax: 201-767-3035
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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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