Thanks Gary for this great example. I think I want to take that class you're teaching!!
------------------------------ Message: 6 Date: Fri, 7 Oct 2011 15:44:03 +0000 From: Michael May <[email protected]> Subject: Re: [Videolib] Clips To: "[email protected]" <[email protected]> Message-ID: <07165E0538A26C4992EF936C2DA1B0A70411E593@exchange2010.dbqpublib.local> Message: 8 Date: Fri, 7 Oct 2011 09:02:50 -0700 From: [email protected] Subject: Re: [Videolib] it's anti-circumvention time!! To: [email protected] Message-ID: <[email protected]> Content-Type: text/plain;charset=utf-8 Hi Carrie I'll offer myself as an example of teaching staff who find the exemptions in the last round of rulemaking absolutely essential I will be co-teaching a seminar in the Sociology Department at UCB this coming Spring (Sociology 190) which will concentrate on the uses of documentary film as sociological evidence. The course will also use documentary film as a way of engendering critical thinking about social science documentation and evidence in general. I will be making use of both whole films and many clips in the course of this seminar: e.g. the course will open with a compilation of clips taken from 30 documentaries from diverse eras and in diverse styles to kick off the discussion of documentary definitions (what IS a documentary and what is the relationship between this type of filmmaking and the "real" or historical world?). The compilation will include clips from both classic and post-modern documentaries, as well as from feature films which have adopted certain documentary styles and conventions (e.g. Battle of Algiers; John Cassavetes' "Faces") This introduction and use of clips is absolutely essential for establishing the kinds of inquiry that will take place during the balance of the class. The class runs two hours per week, and it would be absolutely impossible to accomplish this kind of things if I had to find these clips in real time...it would also completely shoot the rhythm and flow of the discussion. The class will be screening 10 complete works during the course of the semester--that's all there is really time for. But those ten docs simply are not sufficient to support the things my co-teacher and I need and want to convey...so, we need to use clips. We intend to make many of these illustrative short clips available for study on our course web site. We feel that this use is covered by fair use, whereas digitizing and making accessible whole works would probably not fly under FU (unless one is willing to read the UCLA case as caveat...[it'll be interesting to see if this comes up at all in the course of these deliberations]) > Libvidders: > > > > I know it's hard to believe but already we must prepare for the > triennial 1201 rulemaking on circumvention of technological protection > measures employed by rights holders. > > > > http://www.gpo.gov/fdsys/pkg/FR-2011-09-29/html/2011-25106.htm > > > > For those new to the topic, here's a brief rundown. > > > > Every three years, the Copyright Office (CO) conducts a "rulemaking" > which is a process initiated by a government agency to create or amend a > rule or regulation. This process generally begins with a chance for the > public to comment on the issue. ALA provides comments for a number of > Notices for Public Rulemakings. > > > > When Congress drafted the DMCA they included a new chapter 12 of the > Copyright Act that talks about anti-circumvention of TPMs. It is a > violation to break a TPM to gain access to a protected work. Congress > asked that the CO to conduct a rulemaking to discover if this law > inferred with one's rights to exercise a fair use or some other > non-infringing use. A good example of this is that people with print > disabilities can circumvent e-books to enable text-to-speech > functionality. They have lawfully acquired the work but they can't use > it because of TPMs. > > > > At the last rulemaking, it was determined by the Librarian of Congress > (under the recommendation of the CO and Commerce) that faculty in all > subject disciplines could break CSS on encrypted DVDs in order to make > clip compilations for instruction or research purposes. In addition, > college students enrolled in media or film studies could also circumvent > CSS to extract clips for educational purposes. ALA made this > recommendation based on a lot of feedback that we received from members > of video lib. (In fact, Gary Handman and Carlton Jackson testified). > > > > This rule must be fought for again because the exemptions only last for > 3 years. > > > > I am collecting data on how this exemption has been working over the > last couple of years. > > > > Do faculty at your institutions use clips in the classroom? Why? > > Are faculty less worried about the legality of using clips in the > classroom? > > Do you have examples of how the exemption helped an educator or student? > > > > Currently this use is lawful so there is no reason to hide -- any > examples you send to me should include faculty name, discipline and > institution would be very helpful. > > > > Some rights holders will argue that this exemption is no longer > necessary because now one can obtain movie clips through lawful services > on the Internet. Is this true? Do existing clip services meet faculty > needs? > > > > I would appreciate any examples you could send my way via e-mail by > November 15th, 2011. Let me know if you have questions. > > > > Many thanks! > > -Carrie > > > > Carrie Russell, Director > > Program on Public Access to Information > > American Library Association > > Office for Information Technology Policy > > 1615 New Hampshire Avenue NW, First Floor > > Washington, DC 20009 > > 202.628.8410/800.941.8478 > > 202.628.8419 (fax) > > crussell at alawash dot org > > > > > > 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. > Gary Handman Director Media Resources Center Moffitt Library UC Berkeley 510-643-8566 [email protected] http://www.lib.berkeley.edu/MRC "I have always preferred the reflection of life to life itself." --Francois Truffaut End of videolib Digest, Vol 47, Issue 35 **************************************** 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.
