Gallaudet U which is in the Washington Research Library Consortium with AU was given a special exception by Congress to caption films without permission. However because of that they are barred from loaning those videos to anyone but their students.
Though costly I'd think the one-time spontaneous use language in the Fair Use guidelines would seem to cover it assuming this was needed for a single user in a single class. Our Disability Services office has done that and then destroyed the captioned video after that semester. Expensive yes but probably cheaper than the cost of hunting down a copyright holder for a one-time use. On Wed, Oct 12, 2011 at 11:23 AM, <[email protected]> wrote: > I believe that, technically, permission must be sought... Don't think the > ADA makes provisions for doing this without such. > > Check out: (legal opinion, State of California) > > Option 2 > Obtain Permission to Caption Audiovisual Materials > If a closed-captioned version of the needed video is unavailable from the > publisher, the next best option is to request permission from the > copyright owner to caption the video. It is important that you obtain > written permission to caption the video. You should not interpret a lack > of response from the copyright holder as permission to caption. > > > > Gary Handman > >> I just saw a memo for our system counsel that struck me as wrong, but need >> some backing evidence. >> >> It is telling the Office of Disability Services to ask permission from >> distributors before creating an open captioned version of films. >> My understanding is that this is allowed under ADA and that no permission >> is needed. Right? >> (Contacting the distributor to find out if there is perhaps a captioned >> version available, yes. Permission, no.) >> >> Captioning is only being added to videos where there is a hearing-impaired >> student enrolled in the class. (And only on legally acquired -i.e. >> purchased-videos.) >> >> Barb Bergman | Media Services & Interlibrary Loan Librarian | Minnesota >> State University, Mankato | (507) 389-5945 | [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. >> > > > 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 > > > 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. > -- Chris Lewis Media Librarian American University Library 202.885.3257 For latest Media Services News: Blog: http://aulibmedia.blogspot.com Facebook: http://www.facebook.com/pages/American-University-Library-Media-Services/132559226823103 Twitter: http://twitter.com/aulibmedia Please think twice before printing this e-mail. 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.
