You know I am not much of a techie, but it appears you are trying to allow a student to download or copy a film from a stream. Not sure that is breaking encryption, but it would clearly violate most contracts and frankly freak the hell out of distributors who have set up their own streaming systems. Though I only work with films where the school buys a copy and then gets to stream it on their own system, I can sympathize with rights holders being upset if something they are specifically set up not to allow were somehow done through technology.
However it seems to me that the student would he be so much better off creating a film from what I imagine is an excellent and far bigger selection in the library collection. At the risk of being attacked by distributors who stream, I think the vast majority of docs including many of the best ones are not up for streaming, but widely available on VHS & DVD from which the student could obtain clips. Just out of curiosity did the Prof teach the course using ONLY titles that were licensed for streaming? On Fri, Oct 21, 2011 at 6:57 PM, Gail Fedak <gfe...@mtsu.edu> wrote: > Jessica, Gary, > The prof who posed the question teaches a documentary filmmaking class in > the history department. Although the class is not taught in the College of > Mass Communication, its purpose is to teach students how to create > documentaries, the final class project being to create a short one. A > student enrolling in the class can petition the director of our Film Studies > Interdisciplinary Minor to have it approved for completion of the minor > credits. I consider these students among those who were granted permission > to break encryption for fair use purposes. The collection in question is > licensed/legally acquired, but I had not thought through the > copyright/contract issue far enough to remember that contracts trump fair > use. Unfortunately, I do not have the budget to acquire hard copies of > everything in the streamed collections. However, I will suggest that this > prof's students check our hard copy collection for the titles they need. My > next step will be to our legal guys for a "considered opinion." Will > probably end up contacting the provider as well. > Thanks again, > Gail > > > On 10/21/2011 4:25 PM, Jessica Rosner wrote: > > 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, <ghand...@library.berkeley.edu> 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: gfe...@mtsu.edu <mailto:gfe...@mtsu.edu> >> > >> > Web: www.mtsu.edu/~imr <http://www.mtsu.edu/%7Eimr> < >> 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 >> ghand...@library.berkeley.edu >> 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) > jessicapros...@gmail.com > > > > 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. > > > -- > ** ** ** ** ** ** > > Gail B. Fedak > > Director, Media Resources > > ****Middle** **Tennessee** **State** **University**** > > ****Murfreesboro**, **TN** **37132**** > > Phone: 615-898-2899 > > Fax: 615-898-2530 > > Email: gfe...@mtsu.edu > > 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. > > -- Jessica Rosner Media Consultant 224-545-3897 (cell) 212-627-1785 (land line) jessicapros...@gmail.com
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.
