The law only allows you to break encryption for an amount that would be covered under "Fair Use" which is not an entire film/work. Right now there are two cases being litigated on this issue but unfortunately since both cases involve using "sovereign immunity" to get around copyright law , they are unlikely to resolve anything.
Encryption and conversion are somewhat side issues in any case. The basic issue is the claim that an entire feature film ( or book) can be put on line under "fair use" which I think most of you know I find absurd. Basics tenants of "Fair Use" are that among other things the use has to be as limited portion of the entire work as feasible and the use must be "transformative" meaning you are using a portion of a work to create a NEW work, such as using a clip in a lecture, a quote in book etc. As per yesterday's discussion the "face to face" exemption which does allow use of entire films in class is VERY specific that the showing must be IN a classroom or similar physical venue. What I repeatedly ask ( but never get an answer) from some here that claim there is really nothing to say you can not digitize and stream an entire film, is what is the difference between a film and book and if there is no difference why do you not scan and upload your entire collections so students do not have to bother to use those inconvenient books? On Wed, Aug 10, 2011 at 10:08 AM, Jeanne Little <[email protected]>wrote: > ** > OK, here's my scenario: > > The Library owns a title on dvd. A faculty member in the past, has checked > this dvd out and shown it in its entirety to his class in a face-to-face > environment. He now wants to stream the title over our e-Learning system, in > it's entirety. Can we have our IT department convert this to streaming media > and then mount it in our e-Learning system, for currently enrolled students > in their class, without asking for permission from the copyright holder to > convert the format to digital? The argument I am faced with is 'I can use > this in my classroom (face-to-face) in its entirety, so I should be able to > do this in our online teaching system'. > > I understand you can show clips in face-to-face and inside an e-Learning > system, but can you stream the entire film in this venue, without getting > permission? > > I feel like I should know this and be confident about my response, but I > find I second-guessing myself. I always lean towards the philosophy that it > is better to get permission than to do something that may be against > copyright. > > Thanks in advance for your comments. > > And Michael, thanks for the web-tool! > > Jeanne > > > On 8/9/2011 4:50 PM, Brewer, Michael 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]<[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. **** > > 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 12:37 PM**** > > > *To:* [email protected] > *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 < > [email protected]> 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**** > > [email protected]**** > > **** > > *From:* [email protected] [mailto: > [email protected]] *On Behalf Of *Jessica Rosner > *Sent:* Tuesday, August 09, 2011 9:11 AM**** > > > *To:* [email protected]**** > > *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 <[email protected]> > 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 > [email protected]**** > > On Tue, Aug 9, 2011 at 9:51 AM, Shoaf,Judith P <[email protected]> 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 (cell) > 212-627-1785 (land line) > [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.**** > > > > > -- > Jessica Rosner > Media Consultant > 224-545-3897 (cell) > 212-627-1785 (land line) > [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.**** > > > > > -- > Jessica Rosner > Media Consultant > 224-545-3897 (cell) > 212-627-1785 (land line) > [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. > > > 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]
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.
