I believe this is the document in question that Jessica Rosner refers to, re the SCMS take on broadcast recording:
digital.lib.pdx.edu/resources/SCMSBestPracticesforFairUseinTeaching-Final.p df It is from 2007, increasingly out of date based on present digital concerns, and to the chagrin of some it does not embrace Kastenmeier's 1979 limitations for fair use (only portions, 10%, etc.). Per their name, SCMS generally supports the relatively unencumbered reuse of clips, stills, etc. for criticism, analysis and education. Their document is geared towards scholars rather than public performance questions. - - Roger Brown Manager UCLA Instructional Media Collections & Services 46 Powell Library Los Angeles, CA 90095-1517 office: 310-206-1248 fax: 310-206-5392 [email protected] On > > 1. Re: Public Performance Rights in Academic Libraries > (Jessica Rosner) > > >---------------------------------------------------------------------- > >Message: 1 >Date: Tue, 9 Aug 2011 18:09:17 -0400 >From: Jessica Rosner <[email protected]> >Subject: Re: [Videolib] Public Performance Rights in Academic > Libraries >To: [email protected] >Message-ID: > ><cacre6m9oo9dd7zxdfnnsshniifeqxr3ppeda7tz6kmthnqn...@mail.gmail.com> >Content-Type: text/plain; charset="windows-1252" > >No the tool asks if it is a legal copy or a "REPRODUCTION OF A LEGAL COPY >" >on the 2nd click in to the link you posted.It does not appear to me to >offer >any explanation for why a "reproduction" would be legal.to me that is >going >to lead to a lot of confusion even if later on it tells you to go directly >to 110. > >Is this a typo, a mistake or can you simply add an asterisk next to >"reproduction" explaining that you can make copies of CLIPS under certain >circumstances. > >I am not trying to play with semantics here, because when you have others >claiming that for instance anything taped off TV can be used indefinately >and it is pretty much not your responsibility to know what is legal or >not ( >"best uses " document issued by Society for Cinema & Media Studies) rights >holders do get concerned. I know you are trying to follow copyright law so >if you think I am misreading this let me know. > >On Tue, Aug 9, 2011 at 5:50 PM, Brewer, Michael < >[email protected]> wrote: > >> The tool asks if the copy is a legal one. If you say ?no? then it >>notes >> that the copy must be legal. It also provides a note with a lot of >> information about what is or is not legal, etc. Not sure how much more >>I >> could add in to the tool (a lie detector app?). Also, the latest LOC >>1201 >> rules have been incorporated into this tool (so it allows for >>reformatting >> for 110 uses). **** >> >> mb**** >> >> ** ** >> >> Michael Brewer**** >> >> Team Leader for Instructional Services**** >> >> University of Arizona Libraries**** >> >> [email protected]**** >> >> ** ** >> >> *From:* [email protected] [mailto: >> [email protected]] *On Behalf Of *Jessica Rosner >> *Sent:* Tuesday, August 09, 2011 12:55 PM >> >> *To:* [email protected] >> *Subject:* Re: [Videolib] Public Performance Rights in Academic >>Libraries* >> *** >> >> ** ** >> >> I agree, but it does not seem that this qualification of a "copy" is >> limited to clips ( FYI it is NOT limited to streaming) and could lead to >> major confusion. >> This is a sensitive issue because SCMS and others "academics" have >>pretty >> much claimed "any" copy is legal including one made by a friend off TV 5 >> years ago and then digitized. Believe it or not I am not trying to be >> difficult but is it clear that the copy of the legal copy is only clips >>and >> not whole films under "face to face"?**** >> >> On Tue, Aug 9, 2011 at 3:46 PM, Brewer, Michael < >> [email protected]> wrote:**** >> >> In order to stream a ?limited and reasonable portion? of a film, which >>is >> allowable under 110(2) under the conditions provided in the tool (and >>we?ve >> been over this before on this listerv), you have to create a digital >>copy >> of that portion of the work. **** 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.
