Thanks for the precision. I meant that by "whether they can digitize and stream 
an entire film" but did not even recall that it was only dramatic works that 
are indicated.

Judy

From: [email protected] 
[mailto:[email protected]] On Behalf Of Jessica Rosner
Sent: Wednesday, June 01, 2011 8:07 AM
To: [email protected]
Subject: Re: [Videolib] UCLA Case

Judith,
In addition to questions of breaking encryption, streaming to bricks and morter 
institutions and other issues, TEACH could not possibly cover the titles 
involved in the UCLA case because they were entire "dramatic" works which are 
specifically exempted from TEACH.

Jessica
( who also needs coffee)
On Wed, Jun 1, 2011 at 6:43 AM, Shoaf,Judith P 
<[email protected]<mailto:[email protected]>> wrote:

Thanks, Anthony, for the article about UCLA's Mexican music collection.



Re consistent policies... There is a difference between making copyrighted 
materials available to enrolled students in a password-protected site (which is 
the film streaming situation) and putting copyrighted material on the web with 
free availability to anyone at all. The former case involves educational use as 
defined in the TEACH act (the legal question being whether they can digitize 
and stream an entire film, and perhaps whether TEACH covers course management 
systems in courses that have a standard brick-and-mortar classroom component).



The publication of the music collection is untenable unless the music is 
clearly public domain, or the permissions are obtained. Making digital copies 
of the non-PD Mexican collection requires recourse to Section 108, which 
restricts use to the library itself.

To me it sounds like what they are doing is perfectly adequate for scholars, 
who would nevertheless have to come to UCLA to study the full collection. On 
the other hand, it seems to me that researching the original musicians and 
publishers of the "orphan" works would be a part of constructing the history of 
this type of music, and therefore something the library should investigate or 
into which it should encourage investigation.



Judy Shoaf, probably insufficiently caffeinated

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.



--
Jessica Rosner
Media Consultant
224-545-3897 (cell)
212-627-1785 (land line)
[email protected]<mailto:[email protected]>
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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