I feel like it is more likely that people will get to the fine print, notes (which are included on the PDF copy) than to the text of the copyright law. I would rather try to educate than throw up my hands, or provide so much detail that no one uses my educational tools. I personally feel like I've found a good middle ground. mb On Aug 9, 2011, at 4:10 PM, Jessica Rosner wrote:
I think is may be a timing /format issue for me Michael. I am concerned because click number #2 goes to the bit about copy or "legal reproduction" . My fear is that is so large and out there people may not get to the fine print. Per my recent post when the major academic studies organization is claiming off air and material borrowed from friends are "legal" copies one gets extra sensitive. I would feel better if the reference to "reproduction of legal copy" included a caveat that this was only for the purpose of clips and not an entire work right at the get go. On Tue, Aug 9, 2011 at 7:03 PM, Brewer, Michael <brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu>> wrote: In order to stream a film, one must make a digital reproduction to change the format. That would be legal, either due to the 1201 rules, or 110(2) if it is a VHS to digital reproduction. One could also argue that there are other situations where a reproduction would be legal (though perhaps only for certain purposes or in certain contexts, like the use of a legal reproduction made under section 108 if it is analog or if it is digital and is not made available to the public outside the library). I think I make it pretty clear in the examples, though, what I am talking about: Examples: 1) If you're screening a film in class, you should not use a dubbed copy.* Use a legally acquired copy. 2) If you're streaming portions of a film (under TEACH), the copy from which the streaming files are created must be a legal one. And this as well: * Bottom Line: If you are unsure of whether or not your copy is legal or was legally obtained (e.g. it's a DVD-R of a popular film with no case or studio information printed on it), you should check with a librarian or a copyright specialist. Not sure how I could be any more clear than this. mb Michael Brewer Team Leader for Instructional Services University of Arizona Libraries brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu> From: videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu> [mailto:videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu>] On Behalf Of Jessica Rosner Sent: Tuesday, August 09, 2011 3:09 PM To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu> Subject: Re: [Videolib] Public Performance Rights in Academic Libraries 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<http://posted.It> does not appear to me to offer any explanation for why a "reproduction" would be legal.to<http://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 <brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu>> 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 brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu> From: videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu> [mailto:videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu>] On Behalf Of Jessica Rosner Sent: Tuesday, August 09, 2011 12:55 PM To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu> 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 <brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu>> 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. mb Michael Brewer Team Leader for Instructional Services University of Arizona Libraries brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu> From: videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu> [mailto:videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu>] On Behalf Of Jessica Rosner Sent: Tuesday, August 09, 2011 12:37 PM To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu> Subject: Re: [Videolib] Public Performance Rights in Academic Libraries Um are you saying it is OK to use a "reproduction of a legal copy" ? That would actually be a bootleg or pirate copy which is not legal. Copying is one of the exclusive rights of the copyright holder and I don't want to get bogged down on the exemption of making and archive copy of an original that is physical danger since you can't use those in classes anyway. Could you please clarify this? On Tue, Aug 9, 2011 at 3:17 PM, Brewer, Michael <brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu>> wrote: Just a plug for the eTool for Instructors, which can help you determine whether or not your performance/display falls under either portion of Section 110 and then collect the information you would need to support that performance/display in PDF format. http://librarycopyright.net/etool/ mb Michael Brewer Team Leader for Instructional Services University of Arizona Libraries brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu> From: videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu> [mailto:videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu>] On Behalf Of Jessica Rosner Sent: Tuesday, August 09, 2011 9:11 AM To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu> Subject: Re: [Videolib] Public Performance Rights in Academic Libraries Again this is one of the parts of copyright law that is very clear. In general any showing outside of home/personal setting is considered a public performance and requires a license/ permission from the rights holder. The one exception is the "face to face " teaching exemption, this allows full length films to be used in classes under the following conditions, the film is shown in a classroom or similar place of instruction, an instructor is present, the film is part of a course syllabus and the only students allowed to view a film are students enrolled in the course. Bottom line you can show the film in a "real" class, any other screenings on campus even if they are for "educational purposes" do not charge admission, are not open to anyone off campus etc ARE in fact public performances that require a license. I have heard every excuse in the book over the years. In many cases they are from people or groups who are genuinely ignorant of the law which while not a legal defense makes me a little more inclined not to throw the book at them, but there are also people who very deliberately break the law claiming everything from "they are helping more people see the movie" to it is really a "class" it just has no syllabus, papers, instructor or class sessions outside of the film showings. Again this is not much of a gray. Technically even something like an academic conference would not be considered face to face as it is not a specific class of enrolled students though most companies are happy to waive this. Bottom line is that the film showing is part of aregular , real class, limited to students specifically enrolled in that class and shown in a classroom or similar room it is covered by the face to face exemption, ANYTHING else is a public performance. One side note. The number of students in the class makes no difference. It is an intro class at a large school with 400 students it would still be covered by face to face. On Tue, Aug 9, 2011 at 11:46 AM, Chris Markman <cmark...@clarku.edu<mailto:cmark...@clarku.edu>> wrote: As a matter of practicality, where is the cut off between public and private screenings in an academic setting? Is it the facilities, funding, advertising, intended audience, or all of the above? Chris Markman Resource Library Coordinator Visual & Performing Arts Clark University 508.793.7481<tel:508.793.7481> cmark...@clarku.edu<mailto:cmark...@clarku.edu> On Tue, Aug 9, 2011 at 9:51 AM, Shoaf,Judith P <jsh...@ufl.edu<mailto:jsh...@ufl.edu>> wrote: This discussion reminded me of an event in my freshman year. Kenneth Clark's Civilisation series had recently been shown on TV, I think, but not many undergrads had (or cared to have, except maybe at 6 pm) television access. The university sponsored a showing of the series as films projected on the big screen--where the images were ravishing and the event really had a community feeling (definitely more than 50 people there every evening!). I suppose they rented rather than purchased the films. (A few years later, my husband and I bonded over a similar showing of the restored Astaire-Rogers RKO films.) Since Civilisation was I think long featured in Ambrose Media's collection, I think of that when I think of the combination of institutional price + limited PPR that Ambrose sells. Of course showing a videotape of an older series to 50 students is not at all the same as the "event" quality I am recalling. Nowadays the event tends to be the actual broadcast, which gathers people in common areas with TV viewing (or something like the Met's HD opera broadcasts, which form local & virtual communities). But memories like that do lead me to support the idea of film societies *with budgets*! Judy Shoaf 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. -- Jessica Rosner Media Consultant 224-545-3897<tel:224-545-3897> (cell) 212-627-1785<tel:212-627-1785> (land line) jessicapros...@gmail.com<mailto:jessicapros...@gmail.com> 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<tel:224-545-3897> (cell) 212-627-1785<tel:212-627-1785> (land line) jessicapros...@gmail.com<mailto:jessicapros...@gmail.com> 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<tel:224-545-3897> (cell) 212-627-1785<tel:212-627-1785> (land line) jessicapros...@gmail.com<mailto:jessicapros...@gmail.com> 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<tel:224-545-3897> (cell) 212-627-1785<tel:212-627-1785> (land line) jessicapros...@gmail.com<mailto:jessicapros...@gmail.com> 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) jessicapros...@gmail.com<mailto:jessicapros...@gmail.com> 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.
