Dear Jeanine, The answer is simply no. Along with the usual copyright restrictions on unlawful copying, if the DVD has CSS on it, then de-encrypting the copyright protection is only allowed (see below in red and underlined) for small portions.
Best regards, Dennis Doros Milestone Film & Video/Milliarium Zero email: [email protected] *Anti-circumvention exemptions* In addition to the safe harbors and exemptions the statute explicitly provides, 17 U.S.C. 1201(a)(1)<http://www.copyright.gov/title17/92chap12.html#1201> requires that the Librarian of Congress<http://en.wikipedia.org/wiki/Library_of_Congress#Librarians_of_Congress> issue exemptions from the prohibition against circumvention of access-control technology. Exemptions are granted when it is shown that access-control technology has had a substantial adverse effect on the ability of people to make non-infringing uses of copyrighted works. The exemption rules are revised every three years. Exemption proposals are submitted by the public to the Registrar of Copyrights, and after a process of hearings and public comments, the final rule is recommended by the Registrar and issued by the Librarian. Exemptions expire after three years and must be resubmitted for the next rulemaking cycle. Consequently, the exemptions issued in the prior rulemakings, in 2000, 2003 and 2006 are no longer valid. The current administratively-created exemptions<http://www.copyright.gov/1201/>, issued in July 2010, are: - Motion pictures on DVDs <http://en.wikipedia.org/wiki/DVD> that are lawfully made and acquired and that are protected by the Content Scrambling System<http://en.wikipedia.org/wiki/Content_Scrambling_System> when circumvention is accomplished solely in order *to accomplish the incorporation of short portions of motion pictures into new works for the purpose of criticism or comment*, and where the person engaging in circumvention believes and has reasonable grounds for believing that circumvention is necessary to fulfill the purpose of the use in the following instances: - Educational uses by college and university professors and by college and university film and media studies students; - Documentary filmmaking; - Noncommercial videos. (A new exemption in 2010, similar to a previous educational exemption.) - 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. > > --
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.
