I thought readers of this list might be interested in the following thread that has appeared on the Collib-L discussion list, pertaining to the use of Netflix in libraries.
I have removed email and address/phone information of the people who posted these comments, tho their names and institutions are identified. I responded to the list with a comment this evening. My response is at the bottom of this post. -- deg farrelly, Full Librarian Mail Code 1006 Arizona State University P.O. Box 871006 Tempe, AZ 85287 Phone: 480.965.1403 Email: [email protected] ------ Forwarded Message Date: Wed, 27 Apr 2011 08:59:21 -0400 From: Melora Norman Subject: [collib-l] RE: Netflix and academic libraries I just attended a really great NERCOMP workshop on fair use: http://www.nercomp.org/events/event_single.aspx?id=6457 Down toward the bottom are several links to materials from the workshop, which I highly recommend as context for this conversation. I first saw one of the presenters, Peter Jaszi, at IFLA in Boston years ago; he opened my eyes to librarians' responsibility to exercise and therefore strengthen our fair use rights. Key to understanding copyright and fair use are understanding that copyright was intended to encourage creativity, not squelch it. I would therefore disagree with Meredith's absolutist stance, which seems to assert that publishers and other rights holders have the unqualified right to assert the exact terms under which we may or may not access or use content for educational purposes. For instance, if I am going to purchase a DVD to check out of the library--which may be used in a classroom--the vendor does not necessarily have the unqualified legal right to require that I pay their $500 "limited public viewing" fee as opposed to purchasing the "home use" version for $20. I'm not commenting on Netflix in particular, just suggesting that a nuanced approach to fair use is very important for libraries. One of the things that Professor Jaszi asked us to do is bring back to our colleagues a request that we all participate in an ARL initiative to identify best practices in fair use: http://www.arl.org/pp/ppcopyright/codefairuse/index.shtml As in any matter dealing with matters affecting the flow of information in a democracy, there are a great many variables, and no easy answers. Melora <http://www.centerforsocialmedia.org/fair-use> Melora Ranney Norman, director Dorothy Webb Quimby Library @Unity College <snip> ________________________________ From: Colleen Harris Sent: Monday, April 18, 2011 5:36 PM To: Collections List Subject: [collib-l] RE: Netflix and academic libraries A really great post by Meredith Farkas on the Netflix issue in academic libraries on her blog with some great citations to various other arguments/practices is posted at: http://meredith.wolfwater.com/wordpress/2010/09/18/netflix-in-libraries-and-hyp ocrisy/ Colleen S. Harris Head of Access Services & Assistant Professor Lupton Library University of Tennessee at Chattanooga From: Susan Montgomery Sent: Monday, April 18, 2011 9:20 AM To: [email protected] Subject: [collib-l] Netflix and academic libraries Hello all, I remember seeing a discussion about Netflix accounts held by academic libraries. Was it on this listserv? I searched the archives without success. Does any library have any experience subscribing to Netflix? Thanks. Susan Montgomery Susan E. Montgomery Public Services Librarian/Assistant Professor Olin Library Rollins College My response to the list: Subject: Fair use, copyright exemptions, and contract law with video Melora is right in part. Materials purchased are governed by the rule of first sale, which allows libraries to loan materials, and other services to rent them. If a video is available for purchase in the home market, that video can be used in the classroom under terms of US Copyright law that * exempts * classroom screenings under specific conditions from the requirement of public performance rights. This is not a question of fair use, but a specific provision of US Copyright law. If, however, the video is distributed by a sole distributor with tiered pricing (one price for individuals, another price for public libraries, a different price for colleges, etc.), the purchase more likely falls under contract law. And contract law trumps copyright. You might find a workaround to purchase a copy priced for an individual, then donate it the collection, or receive a reimbursement for having done so, but now we are venturing into areas of ethics. Melora is not directing comment to Netflix in particular, but since that is the subject line and reference point for the post, it bears mentioning that the question of libraries using Netflix is also a matter of contract law. The subscription is an agreement, with terms of service that are explicit in indicating that the contract is for personal / noncommercial use. 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.
