Hello--the Library Copyright Alliance (which is affiliated with ALA, ACRL, and ARL) has issued a brief that goes over the issue of streaming an entire film in a remote non-classroom location. Here's the link to the eight page brief: http://www.librarycopyrightalliance.org/bm~doc/ibstreamingfilms_021810.pdf<http://www.librarycopyrightalliance.org/bm%7Edoc/ibstreamingfilms_021810.pdf>
In short, they state that the "three provisions of the Copyright Act ... could permit streaming of this sort: Sections 107, 110(2), and 110(1). While all three provisions may apply, Section 107 fair use is perhaps the strongest justification." Hannah On Fri, Nov 12, 2010 at 3:51 PM, Shoaf,Judith P <[email protected]> wrote: > 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]> 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] > 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 > email: [email protected] > www.milestonefilms.com > > www.ontheboweryfilm.com > www.arayafilm.com > www.exilesfilm.com > www.wordisoutmovie.com > www.killerofsheep.com > AMIA Philadelphia 2010: www.amianet.org > Join "Milestone Film" on Facebook! > > > > 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.
