This prof primarily uses materials from his personal collection, not so
much from ours. He's been teaching this class for at least 10-15 years,
and streaming video collections have been available on our campus for
only 2-3 years. We have in our hard copy collection a few docs made by a
couple of this prof's students. Just about all of the programs are old
photos and film footage from various sources with voiceover, all
credited. I worked with one of these students after he graduated to
produce a Tennessee history video for our collection, and he was well
aware of the issues involved in licensing and requesting permission for
copyrighted material. In fact, one of the images he most wanted to use
was too expensive and came with a very limited time use, so he decided
to pursue something else. This prof knows the issues involved in using
copyrighted material because he asked me about using clips from the
streaming collection, hence my question here.
Our Media Library does not have production equipment available for
undergraduate students who also must use our video collection in-house.
Graduate students may check out our videos and have a higher-tech
computer lab, which is accessed through us, available to them, so it
would be possible for them to extract clips from some DVDs, but not VHS.
We work closely with the television studio, across the hall, to be sure
any excerpting or duplication requested of them by faculty passes the
fair use/copyright test - through me. Unless a faculty member
circumvents our safeguards by checking out a video and handing it to a
student to do with what they want, we assist faculty and students
(undergrads through their faculty) with assigned projects, all the while
attempting, as best we can, not to put any of us in the cross hairs of a
copyright holder's wrath. And so far, so good.
Gail
On 10/21/2011 11:29 PM, Jessica Rosner wrote:
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
<mailto: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
<mailto: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 <tel:615-898-2899>
>
> Fax: 615-898-2530 <tel:615-898-2530>
>
> Email: gfe...@mtsu.edu <mailto:gfe...@mtsu.edu>
<mailto: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 <tel:510-643-8566>
ghand...@library.berkeley.edu
<mailto: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 <tel:224-545-3897> (cell)
212-627-1785 <tel:212-627-1785> (land line)
jessicapros...@gmail.com <mailto: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, TN37132
Phone: 615-898-2899 <tel:615-898-2899>
Fax: 615-898-2530 <tel:615-898-2530>
Email: gfe...@mtsu.edu <mailto: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 <mailto: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, 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>
"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.
