I agree generally but you would really need to say what is involved. There are in fact significant restrictions in most streaming licenses. The most basic is that you can not download or copy the material and as that is specific and contractual I think it would indeed hold up in court and would supersede "fair use". What is confusing me is what the students want to do? If they want to create some new work using clips I think that would likely be illegal IF they are using material that was licensed for streaming and forbid any copying. It would far better for them to simply use a physical copy to obtain any clips. Also depending on what they are trying to do , one could ask the rights holder for permission. Having already licensed the material for streaming there is a good chance they would grant permission to use a clip from it for a student project but again if the license specifically forbid copying you would need to ask.
On Fri, Oct 21, 2011 at 4:57 PM, <[email protected]> wrote: > Hey Gail > > I'd say yeah, definitely, unless FU is trumped by specific contractual > language which forbids certain uses (I've haven't seen any such language > so far--at least in the licenses we've signed). Even if the contract DID > somehow short-circuit fair uses (i.e. clips for use in course-related > projects), my guess is that it wouldn't stand up in court. > > Gary Handman > > > > Is an institution's licensed video streaming content covered by fair use > > for said institution's students who want to use guideline compliant > > portions of that content for fair use compliant purposes? I want to say > > yes, but hesitate to do so without input from the collective wisdom. I > > don't remember prior discussion concerning this permutation of fair use. > > Thanks in advance, > > Gail > > > > > > > > Gail B. Fedak > > > > Director, Media Resources > > > > Middle Tennessee State University > > > > Murfreesboro, TN37132 > > > > Phone: 615-898-2899 > > > > Fax: 615-898-2530 > > > > Email: [email protected] <mailto:[email protected]> > > > > Web: www.mtsu.edu/~imr <http://www.mtsu.edu/%7Eimr> > > > > "Education is a progressive study of your own ignorance." -- Will Durant > > > > 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. > -- 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.
