To follow up on Jonathan and Gary's posts, Newsreel reluctantly has refused to sell DVDs to institutions which like UCLA will not agree to license content for DVD delivery. This would include films where we didn't have digital delivery rights or where embedded digital rights had not been cleared. We are not talking here about infringement of a copyright or a fair use claim but a legally binding license with our producers and with an institution.
When we have reason to believe an institution has used a DVD in a way explicitly excluded in its license. Newsreel asks that the illicit content be removed. If it wasn't we would feel obligated to inform the copyright holder of the infringement and advise them to contact the copyright holders of embedded music and stock footage of the violation. In this way liabilities and damages are transferred from the distributor and producer to the infringing institution. I'm happy to say that so far that all the institutions we've had to contact have cooperative with our request. This, of course, does not address the far more important and interesting question of fair use. I enter these lists (bad pun) reluctantly. I have always been troubled that the "codes of best practices" promulgated by ACRL , CSM and their ilk, without consultation with copyright holders, seem curiously evasive, disingenuous and obfuscatory when it comes to explaining what would not be a transformative use. For them "transformation" seems the digital equivalent of transubstantiation - an article of faith. Just as there are gray areas around any issue, there are also black and white areas; such coyness from so vociferous a lobby cannot help but arouse suspicion. Is it really that hard to grok that the use of an educational film explaining cell division when used to "explain, describe or illustrate" cell division is not a transformative use? Or that a complete performance of a play by Shakespeare screened so a class can watch that play performed is not a transformative use? Or that it is not transformed by a professor asking his or her students to write an essay about it or giving a lecture about it? The groundlings in 1604, just liker a student today bring whatever purposes or preconceptions they wish to a performance without transforming that performance only its reading. Here's a little "thought experiment." If a professor interspersed that performance with commentary (live, voice- over or embedded) such that the performance was largely replaced by that interpretation or analysis that seems like a legitimate gray area to me. A simple test might be if those interpellations were so transformative (i.e. intrusive) that a student would need to view the performance without them. We face this choice whenever we buy a DVD with a commentary track. No doubt some students would rather hear their teacher's words than Shakespeare's, just as some cineastes, familiar with a film, might prefer to hear the director's comments than the dialogue. If both ends can be reasonably achieved at once, there would be reason to suspect the use was insufficiently transformative because it could function as a copy of the original. Many of today's Fair Use buccaneer$ seem to want to blur rather than clarify such distinctions. Such a non-transformative use would obviously damage the market for the copyrighted material but, even if it didn't, it seems to me it would constitute a copyright violation. An educational use does not ipso facto constitute a fair use unless it is transformative not just expedient. Few professors would be so reckless as to digitize an entire textbook or novel and deliver it to their students on the grounds that mirabile dictu it was being used educationally. Why is educational media so different? Because professors write textbooks rather than make films? Because librarians have a printist bias? Budget crunch? Overweening sense of entitlement? . . Larry. . -----Original Message----- From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of videolib-requ...@lists.berkeley.edu Sent: Thursday, February 16, 2012 10:59 AM To: videolib@lists.berkeley.edu Subject: videolib Digest, Vol 51, Issue 52 Send videolib mailing list submissions to videolib@lists.berkeley.edu To subscribe or unsubscribe via the World Wide Web, visit https://calmail.berkeley.edu/manage/list/listinfo/videolib@lists.berkele y.edu or, via email, send a message with subject or body 'help' to videolib-requ...@lists.berkeley.edu You can reach the person managing the list at videolib-ow...@lists.berkeley.edu When replying, please edit your Subject line so it is more specific than "Re: Contents of videolib digest..." Today's Topics: 1. Re: Seminar on ARL code, take advantage! for your health! (Jessica Rosner) 2. Re: ACRL Best Practices (Jonathan Miller) ---------------------------------------------------------------------- Message: 1 Date: Thu, 16 Feb 2012 13:54:15 -0500 From: Jessica Rosner <jessicapros...@gmail.com> Subject: Re: [Videolib] Seminar on ARL code, take advantage! for your health! To: videolib@lists.berkeley.edu Message-ID: <cacre6m8bwnmvenj0-vdpdgas5l8ezsakhxt0mfsbfapmr4u...@mail.gmail.com> Content-Type: text/plain; charset=windows-1252 Well remember the saying "Just because I am paranoid doesn't mean everyone isn't out to get me" On Thu, Feb 16, 2012 at 11:04 AM, Jonathan Miller <jmil...@icarusfilms.com> wrote: > Now you are a psychotherapist as well? > > ?JM > > > > > > From: videolib-boun...@lists.berkeley.edu > [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Patricia > Aufderheide > Sent: Thursday, February 16, 2012 9:13 AM > To: videolib@lists.berkeley.edu > Cc: Brandon Butler > Subject: Re: [Videolib] Seminar on ARL code, take advantage! for your > health! > > > > I strongly encourage people to attend this or other webinars being hosted > around the country by ARL on the Code ( > http://www.arl.org/pp/ppcopyright/codefairuse/code-calendar.shtml?). The > echo chamber effect on this listserv of panic is really not healthy for > anyone. The fear, panic and alarm can be alleviated tremendously by actually > reading the code (among other places, at arl.org/fairuse), and if you for > any reason believe that the Code does not meet the standards of the law, I > encourage you to consult one of the briefings on the ARL's fair use site, or > delve deeper into the legal and scholarly lit (we did) at this site: ( > http://www.arl.org/pp/ppcopyright/codefairuse/further-info.shtml). But > please do not scare yourselves into believing that the Code impairs the > relationship between creativity and connection. It's unnecessary and > harmful, to you among others.?Librarians using the Code will continue to > need, want and even love and pay for the work of filmmakers producing work > for their patrons, while they also judiciously and appropriately employ > their fair use rights (just as documentarians, journalists, scholars and > other creators of work that librarians preserve and make available do). Do > take the opportunity to educate yourselves; it will go far to reduce > anxiety. > > > > On Mon, Feb 6, 2012 at 7:20 PM, Deg Farrelly <deg.farre...@asu.edu> wrote: > > FYI > > > > Virtual seminar sponsored by NACUA, the National Association of College and > University Attorneys in conjunction with The Association of Research > Libraries and the American Council on Education. > > > > The date of the seminar is Thursday, February 23, 2012 > > > > The online portion of the program is scheduled to start at 10:00 am and will > run until 12 noon. > > > > More info here: > ?http://www.nacua.org/meetings/virtualseminars/february2012/home.html > > > > -deg > > > > > > -- > > deg farrelly > > Arizona State University > > P.O. Box 871006 > > Tempe, AZ 85287 > > Phone:??480.965.1403 > > Email:??deg.farre...@asu.edu > > > 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. > > > > > > -- > Pat Aufderheide, University Professor and Director > Center for Social Media, School of Communication > American University > 3201 New Mexico Av. NW, #330 > Washington, DC 20016-8080 > www.centerforsocialmedia.org > pauf...@american.edu > 202-643-5356 > > Order Reclaiming Fair Use: How to Put Balance Back in Copyright, with Peter > Jaszi. University of Chicago Press, 2011. > > > Sample Reclaiming Fair Use! > > Early comments on Reclaiming Fair Use: > > "The Supreme Court has told us that fair use is one of the "traditional > safeguards" of the First Amendment.? As this book makes abundantly clear, > nobody has done better work making sure that safeguard is actually effective > than Aufderheide and Jaszi.? The day we have a First Amendment Hall of Fame, > their names should be there engraved in stone.? --Lewis Hyde, author, Common > as Air: Revolution, Art and Ownership > > ?Reclaiming Fair Use will be an important and widely read book that scholars > of copyright law will find a ?must have? for their bookshelves. It is a > sound interpretation of the law and offers useful guidance to the creative > community that goes beyond what some of the most ideological books about > copyright tend to say.??Pamela Samuelson, University of California, Berkeley > School of Law > > "If you only read one book about copyright this year, read Reclaiming Fair > Use.? It is the definitive history of the cataclysmic change in the custom > and practice surrounding the? fair use of materials? by filmmakers and other > groups."? --Michael Donaldson, Esq. Senior Partner, Donaldson & Callif, Los > Angeles. > > > > > > > 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 ------------------------------ Message: 2 Date: Thu, 16 Feb 2012 13:57:35 -0500 From: "Jonathan Miller" <jmil...@icarusfilms.com> Subject: Re: [Videolib] ACRL Best Practices To: <videolib@lists.berkeley.edu> Message-ID: <024501ccecdc$db573eb0$9205bc10$@icarusfilms.com> Content-Type: text/plain; charset="iso-8859-1" We do have the resources NOT to sell to UCLA until and unless they modify their position in this regard, and this our policy, and we urge all other distributors to adopt the same position as Icarus Films and Fanlight Productions. And if we learn/know that any other library/university does or intends to assert the same thing, we won't sell to them, either. JM Jonathan Miller President Icarus Films 32 Court Street, 21st Floor Brooklyn, NY 11201 www.IcarusFilms.com http://HomeVideo.IcarusFilms.com Tel 1.718.488.8900 Fax 1.718.488.8642 jmil...@icarusfilms.com -----Original Message----- From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner Sent: Thursday, February 16, 2012 1:53 PM To: videolib@lists.berkeley.edu Subject: Re: [Videolib] ACRL Best Practices Actually it is supported by the law. The Kinko's case is literally the only case directly on point and it has not been overturned. The problem is that the people concerned about this simply do not have the legal resources to fight it in court. I could claim that there is no precedent that says I can not make copies of every Seinfield episode and hand them out for free on the street because there has been no EXACT case saying that I could not. On Thu, Feb 16, 2012 at 11:32 AM, Brown, Roger <rbr...@oid.ucla.edu> wrote: > Hi, Jessica, > > I think Michael is pointing out that there is no explicit ruling > against use of an entire work, depending upon the way Fair Use or > Teach or 108 is interpreted and the circumstances. ?Kim Stanton also > points out that the distinction between core resources and ancillary ones is blurring. > > Your apparent insistence that the streaming and performance of a full > feature is illegal under any and all circumstances including fair use > isn't supported by case law at this point. > > > - - > Roger Brown > Manager > UCLA Instructional Media Collections & Services > 46 Powell Library > Los Angeles, CA ?90095-1517 > office: 310-206-1248 > fax: 310-206-5392 > rbr...@oid.ucla.edu > > > > > > On 2/16/12 7:53 AM, "Jessica Rosner" <jessicapros...@gmail.com> > fashioned the following lines: > >>This is NOT about TEACH Michael which has it's own rules and this >>discussion has been about wholesale digitizing and streaming of >>feature works as "fair use" >> >>On Thu, Feb 16, 2012 at 10:45 AM, Brewer, Michael >><brew...@u.library.arizona.edu> wrote: >>> There is a big difference between a performance and making a copy >>>for download. A streamed "performance" (of a recorded reading) of a >>>book actually might very well fall under TEACH, even if the book were >>>read in its entirety. ?It depends on whether or not it would meet all >>>the criteria in the law, most specifically what kind of work it is >>>and how one defines "nondramatic literary work." >>> >>> See the Exceptions for Instructors eTool for more information, >>>specifically this page and the notes: >>>http://librarycopyright.net/etool/reasonableandlimited.php?ca=1 >>> >>> Entire works - books, video, etc. - may also be used in their >>>entirety (streamed, made available for download, etc.) for research >>>and teaching if they are in their last 10 years of copyright >>>protection and are not being commercially exploited. >>> >>> I know that these are specific exceptions, but it is important for >>>people to understand that there is no prohibition on using entire >>>works without the permission of the copyright holder. ?There are >>>exceptions in 110, 108 and 107 (Sony, Bill Graham Archives, etc.), among others. >>> >>> mb >>> >>> >>> On Feb 16, 2012, at 8:18 AM, Jessica Rosner wrote: >>> >>>> My "paranoia". You mean about saying "fair use" means an entire >>>> film can be streamed if a professor says he needs it which is >>>> directly contrary to the entire history of "fair use" and would be >>>> another likely fatal blow for independent film distribution. I >>>> would still like to know why you "sell" your books as opposed to >>>> making them available for free as downloads since that appears to >>>> be what you want filmmakers to do. >>>> >>>> I wish I could figure a way to make this my sig for videolib posts >>>> >>>> " The mere fact that the portions copied by Kinko?s were those that >>>> the college professor singled out as being critical parts of the >>>> books demonstrates that even if not ?the heart of? the works in >>>> question, the parts copied were substantial in quality" >>>> >>>> ( Yes I know Kinko's was "for profit" but I can't see how that >>>> changes the long established concept per above that "fair use" ?is ? >>>> PORTIONS of works used to create NEW WORKS) >>>> >>>> >>>> On Thu, Feb 16, 2012 at 9:20 AM, Patricia Aufderheide >>>> <pauf...@american.edu> wrote: >>>>> It would be great to do more education, and ARL is eager to do so! >>>>>Thank >>>>> you! Enough with the paranoia! >>>>> >>>>> >>>>> On Mon, Feb 6, 2012 at 2:37 PM, Sarah E. McCleskey >>>>> <sarah.e.mccles...@hofstra.edu> wrote: >>>>>> >>>>>> Would a proposal for a program on the new code of best practices >>>>>>be welcome at National Media Market, or would such a session it >>>>>>just turn into a rant session? ?I'm thinking of a general >>>>>>discussion then breakout into smaller groups with "real life" >>>>>>examples to discuss, is a particular use covered by fair use, >>>>>>110-b, etc. ?But I don't want to bad feelings!! >>>>>> >>>>>> Sarah >>>>>> >>>>>> Sarah E. McCleskey >>>>>> Head of Access Services >>>>>> Acting Director, Film and Media Library >>>>>> 112 Axinn Library >>>>>> Hofstra University >>>>>> Hempstead, NY 11549-1230 >>>>>> sarah.e.mccles...@hofstra.edu >>>>>> 516-463-5076 (o) >>>>>> 516-463-4309 (f) >>>>>> >>>>>> >>>>>> >>>>>> -----Original Message----- >>>>>> From: videolib-boun...@lists.berkeley.edu >>>>>> [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of >>>>>>Stanton, Kim >>>>>> Sent: Monday, February 06, 2012 2:16 PM >>>>>> To: videolib@lists.berkeley.edu >>>>>> Subject: Re: [Videolib] ACRL Best Practices >>>>>> >>>>>> >>>>>> Representative from CSM and ALA have often stressed that the use >>>>>>of items in instruction is not always Fair Use or 110, but could >>>>>>be both. I was hoping this code would provide more guidance in >>>>>>defining when Fair Use is in play in pedagogy. >>>>>> >>>>>> I feel that the Fair Use of feature films in instruction is >>>>>>FARILY clear cut. In my experience, outside of Film Studies, most >>>>>>faculty use fairly short portions of features films in a way that >>>>>>seems clearly transformative or illustrative. ? We've all seen >>>>>>examples of this at our universities. ?A Sociology of the Family >>>>>>course uses a scene from Big Love to illustrate nontraditional >>>>>>family structures. A clip from Triumph of the Will is compared >>>>>>with a clip from Star Wars of Darth Vader commanding imperial >>>>>>forces. ?Etc, etc , etc. >>>>>> >>>>>> This is not as straightforward when you start talking about the >>>>>>use of documentaries in online education, especially those with >>>>>>intrinsic instructional value. When a faculty member contacts me >>>>>>and ?wants to put an educational documentary online, 90% of the >>>>>>time they want the entire film up. ?In my gut, I feel that this >>>>>>is almost always something better covered by 110(2) and/or >>>>>>licensed for use, but this Fair Use code is so vague in this >>>>>>regard that I don't feel like I can "provide instructors with >>>>>>useful information about the nature and the scope of fair use" >>>>>>based on the information outlined here. >>>>>> >>>>>> Additionally, ?Michael Brewer just brought up the idea that >>>>>>110(b) is essentially a way to take a physical classroom space >>>>>>and translate it into the online environment (within those >>>>>>limitations set by 110b). When I first began working with faculty >>>>>>who were moving their courses online it was fairly simple to >>>>>>distinguish between a core resource and an ancillary one (usually >>>>>>items previously assigned to Reserves or considered optional). >>>>>> ?However, ?faculty are now regularly creating online courses from >>>>>>scratch and are no longer tied to the concept that the core >>>>>>instructional materials is what can be cover in a 50 minute time >>>>>>span. This is not a bad thing but it makes applying 110(b) more >>>>>>and more difficult. >>>>>> >>>>>> >>>>>> Kim Stanton >>>>>> Head, Media Library >>>>>> University of North Texas >>>>>> kim.stan...@unt.edu >>>>>> P: (940) 565-4832 >>>>>> F: (940) 369-7396 >>>>>> >>>>>> >>>>>> >>>>>> -----Original Message----- >>>>>> From: videolib-boun...@lists.berkeley.edu >>>>>> [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica >>>>>>Rosner >>>>>> Sent: Monday, February 06, 2012 11:38 AM >>>>>> To: videolib@lists.berkeley.edu >>>>>> Subject: Re: [Videolib] ACRL Best Practices >>>>>> >>>>>> First of all 110 is blessedly specific and requires that the >>>>>>showing be in a CLASSROOM or similar place of instruction and >>>>>>that the instructor be PRESENT and I assure legally this is not >>>>>>even a close call and I don't even get the impression that the >>>>>>"best practices" tried for that one. Under no circumstances can >>>>>>110 be used to claim the right to stream films at will to a >>>>>>student say in a dorm, off campus housing or the local Starbucks. >>>>>>If you can not understand how just streaming any film a professor >>>>>>says they need for a course to students wherever they are effects >>>>>>the market for a distributor it is hard for me to explain ( >>>>>>though I see as was typing it Dennis tried) >>>>>> >>>>>> >>>>>> >>>>>> On Mon, Feb 6, 2012 at 11:50 AM, Brewer, Michael >>>>>> <brew...@u.library.arizona.edu> wrote: >>>>>>> Whether streaming an entire film for a class for the same >>>>>>>purposes (and >>>>>>> amount) as 110 is legally fair or not, I don't see how the >>>>>>>effect on the copyright holder would be any different than if >>>>>>>the title were used under 110, especially if the "limitations" >>>>>>>put forward by these best practices are considered and abided by >>>>>>>(I don't have the document in front of me, but I think it >>>>>>>addresses those situations where the content was created for the >>>>>>>educational market in streaming format, or if the content can >>>>>>>easily be purchased/licensed ?in streaming form - FMG, Alexander >>>>>>>Street Press, etc.). >>>>>>> >>>>>>> Can someone describe for me how the effect on the copyright >>>>>>>holder would be different for a work streamed to a course than >>>>>>>it is for a work performed in a classroom, i.e. 110 (assuming >>>>>>>the limitations listed above are not in effect)? ?It seems the >>>>>>>only difference is a greater opportunity for instructional >>>>>>>efficiency, expanded access, and, potentially improved student >>>>>>>learning. >>>>>>> >>>>>>> mb >>>>>>> >>>>>>> Michael Brewer >>>>>>> University of Arizona Libraries >>>>>>> brew...@u.library.arizona.edu >>>>>>> >>>>>>> >>>>>>> -----Original Message----- >>>>>>> From: videolib-boun...@lists.berkeley.edu >>>>>>> [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of >>>>>>>Jessica Rosner >>>>>>> Sent: Monday, February 06, 2012 8:36 AM >>>>>>> To: pauf...@american.edu; videolib@lists.berkeley.edu >>>>>>> Subject: Re: [Videolib] ACRL Best Practices >>>>>>> >>>>>>> Pat, >>>>>>> If you and the people who developed these "best practices >>>>>>>guidelines" >>>>>>> are sincere that you are not the enemy ?of content owners, how >>>>>>>bout a simple and CLEAR statement that "fair use' does NOT cover >>>>>>>the use of feature material being assigned to classes. I mean it >>>>>>>is cute to come up with a scenario about "tagging" a film, but >>>>>>>we all know what it is going on. More and more universities are >>>>>>>simply allowing entire films to be streamed for classes because >>>>>>>professors and students find it easier and the institutions find >>>>>>>it cheaper. Heck buy one copy and just stream it to the entire >>>>>>>class. >>>>>>> Your document is filled with vague references to "fair use" and >>>>>>>educating professors on it, but for those of us in the content >>>>>>>business it is nothing but a cover for stealing our stuff. Don't >>>>>>>get me wrong I believe strongly in real fair use and I know many >>>>>>>content owners big and small have often not accepted legitimate >>>>>>>uses, but as universities increasingly steal our work ( sorry >>>>>>>but this IS the correct word) I believe it has become " I think >>>>>>>it is fair and I am g >>>>>> ?oing to use it". The use of the terms "fair ?use" and >>>>>>"transformative" >>>>>> are thrown out like candy with absolutely no restrictions beyond >>>>>>asking an instructor to say why they need to use it. >>>>>>> >>>>>>> >>>>>>> Again a simple statement from the ACRL group that these >>>>>>>guidelines are NOT meant to claim "fair use' covers entire films >>>>>>>being assigned for regular >>>>>>> ?viewing (not clips, mash ups, tags etc) would be a huge step >>>>>>>towards working with the content community, but I am not holding >>>>>>>my breath. >>>>>>> >>>>>>> Also I will ask again for you two answer two questions I have >>>>>>> asked before but never received an answer to. >>>>>>> >>>>>>> 1. What is the difference in copyright between a book and a film? >>>>>>>If a >>>>>>> professor can show the need for an entire film in a course, why >>>>>>>can't an instructor show the need for an entire book and have it >>>>>>>scanned and posted online. >>>>>>> >>>>>>> 2. The UCLA case is at present dismissed on the basis ?of >>>>>>>Sovereign Immunity, standing ?and oddly PPR rights sold with the >>>>>>>title in question, but as a matter of your view and others with >>>>>>>the "best practices" >>>>>>>was it >>>>>>> legal for UCLA to digitize, stream and use thousands of full >>>>>>>length feature films? >>>>>>> >>>>>>> On Mon, Feb 6, 2012 at 9:35 AM, Patricia Aufderheide >>>>>>> <pauf...@american.edu> wrote: >>>>>>>> Thank you, Gary! I think your example of Avatar is very >>>>>>>>interesting. >>>>>>>> If I were the librarian, I would ask the professor to explain >>>>>>>>why the prof needs the entire film, and how the students will >>>>>>>>interact with the entire film to demonstrate the point. There >>>>>>>>are, for instance, hilarious mashups of Pocahantas and Avatar >>>>>>>>(just Google both names on >>>>>>>> Youtube) that accomplish that basic insight quite efficiently. >>>>>>>> I can also imagine, although just barely, a situation where I >>>>>>>>as an instructor might assign the whole film, but analytically >>>>>>>>such that I would assign any particular stretch of a film to >>>>>>>>different groups in class to tag (yes, it would be a lot easier >>>>>>>>in html5 but that's >>>>>>>> coming) for a variety of techniques/approaches, and ask each >>>>>>>>group also to critique and comment on the tagging of the >>>>>>>>others. This might mean putting up the film, but not >>>>>>>>necessarily in one whole stream. >>>>>>>> But I say this not as a lawyer but as a teacher. >>>>>>>> The point being, fair use is not a pass to use material for the >>>>>>>>same purpose as the original with a figleaf excuse (hey, I'm >>>>>>>>looking for imperialism!), but it is possible to imagine >>>>>>>>needing 100% of any work with a legitimate fair use. >>>>>>>> >>>>>>>> >>>>>>>> On Mon, Jan 30, 2012 at 11:50 AM, >>>>>>>> <ghand...@library.berkeley.edu> >>>>>>>> wrote: >>>>>>>>> >>>>>>>>> Thanks, Pat (and thanks again for spearheading the development >>>>>>>>> of these >>>>>>>>> guidelines) >>>>>>>>> >>>>>>>>> I am a still a bit concerned about the e-reserves section--the >>>>>>>>> limitations and enhancements not withstanding. >>>>>>>>> >>>>>>>>> If I am reading this section correctly, almost any full-length >>>>>>>>>copyrighted video work that is central to the curriculum ("the >>>>>>>>>instructor's pedagogical >>>>>>>>> purpose") could conceivable be digitized and streamed for use >>>>>>>>>in face-to-face classroom teaching under the banner of >>>>>>>>>"transformative use" >>>>>>>>> (I screen Avatar in an ethnic studies class to discuss >>>>>>>>>metaphors of imperialism, bingo! ?Transformative!) >>>>>>>>> >>>>>>>>> It seems to me that this particular section ignores (or at >>>>>>>>>least attempt to trump) the established tests of fair use, as, >>>>>>>>>for example, cases in which a content owner/provider that has >>>>>>>>>an existing or potential significant economic stake in making >>>>>>>>>content available online. >>>>>>>>> >>>>>>>>> Thanks as always for your views and input. >>>>>>>>> >>>>>>>>> Gary Handman >>>>>>>>> >>>>>>>>> >>>>>>>>>> Thank you for reading these! >>>>>>>>>> 1) In terms of e-reserves (section 1), it's really important >>>>>>>>>>to read both the limitations and the enhancements. They >>>>>>>>>>qualify that general assertion, and make clear that you need >>>>>>>>>>a transformative purpose, which in the case of e-reserves >>>>>>>>>>would be appropriate to the course. You can also see that >>>>>>>>>>there are limitations regarding the type of material as well. >>>>>>>>>>And of course appropriate amount, as the general material in >>>>>>>>>>the code stresses, is always an issue. >>>>>>>>>> >>>>>>>>>> *LIMITATIONS * >>>>>>>>>> >>>>>>>>>> Closer scrutiny should be applied to uses of content created >>>>>>>>>>and marketed primarily for use in courses such as the one at >>>>>>>>>>issue (e.g., a textbook, workbook, or anthology designed for >>>>>>>>>>the course). >>>>>>>>>> Use of more than a brief excerpt from such works on digital >>>>>>>>>>networks is unlikely to be transformative and therefore >>>>>>>>>>unlikely to be a fair use. >>>>>>>>>> >>>>>>>>>> The availability of materials should be coextensive with the >>>>>>>>>>duration of the course or other time-limited use (e.g., a >>>>>>>>>>research >>>>>>>>>> project) for which they have been made available at an >>>>>>>>>>instructor's direction. >>>>>>>>>> >>>>>>>>>> Only eligible students and other qualified persons (e.g., >>>>>>>>>> professors' >>>>>>>>>> graduate assistants) should have access to materials. >>>>>>>>>> >>>>>>>>>> Materials should be made available only when, and only to the >>>>>>>>>>extent that, there is a clear articulable nexus between the >>>>>>>>>>instructor's pedagogical purpose and the kind and amount of >>>>>>>>>>content involved. >>>>>>>>>> >>>>>>>>>> Libraries should provide instructors with useful information >>>>>>>>>>about the nature and the scope of fair use, in order to help >>>>>>>>>>them make informed requests. >>>>>>>>>> >>>>>>>>>> When appropriate, the number of students with simultaneous >>>>>>>>>> access to online materials may be limited. >>>>>>>>>> >>>>>>>>>> Students should also be given information about their rights >>>>>>>>>> and responsibilities regarding their own use of course materials. >>>>>>>>>> >>>>>>>>>> Full attribution, in a form satisfactory to scholars in the >>>>>>>>>>field, should be provided for each work included or >>>>>>>>>>excerpted. >>>>>>>>>> >>>>>>>>>> *ENHANCEMENTS:* >>>>>>>>>> >>>>>>>>>> The case for fair use is enhanced when libraries prompt >>>>>>>>>>instructors, who are most likely to understand the educational >>>>>>>>>>purpose and transformative nature of the use, to indicate >>>>>>>>>>briefly in writing why particular material is requested, and >>>>>>>>>>why the amount requested is appropriate to that pedagogical >>>>>>>>>>purpose. An instructor's justification can be expressed via >>>>>>>>>>standardized forms that provide a balanced menu of common or >>>>>>>>>>recurring fair use rationales. >>>>>>>>>> >>>>>>>>>> In order to assure the continuing relevance of those >>>>>>>>>>materials to course content, libraries should require >>>>>>>>>>instructors of recurrently offered courses to review posted >>>>>>>>>>materials and make updates as appropriate. >>>>>>>>>> >>>>>>>>>> >>>>>>>>>> 2) In terms of copying to preserve (e.g. VHS to DVD), again >>>>>>>>>>it's important to look at the limitations; in this area, the >>>>>>>>>>existence of commercial availability is the very first >>>>>>>>>>reference. This is a transformative purpose, in the sense >>>>>>>>>>that this material, which had been unuseable for teaching >>>>>>>>>>purposes (usually what drives such a decision is a teacher's >>>>>>>>>>need for materials that are either fragile or that no longer >>>>>>>>>>have players in the >>>>>>>>>> classroom) is made useful again. This clause in no way >>>>>>>>>>undercuts a distributor's ability to offer a commercial >>>>>>>>>>service, and in no way does it give librarians a blank check >>>>>>>>>>to copy over their collections wholesale from format to >>>>>>>>>>format. You know, most librarians don't want to spend their >>>>>>>>>>time transferring material from obsolete formats, and at the >>>>>>>>>>end of the day getting poor-resolution copies with limited >>>>>>>>>>functionality. Really. >>>>>>>>>> >>>>>>>>>> *LIMITATIONS*: >>>>>>>>>> >>>>>>>>>> Preservation copies should not be made when a fully >>>>>>>>>> equivalent digital copy is commercially available at a reasonable cost. >>>>>>>>>> >>>>>>>>>> Libraries should not provide access to or circulate original >>>>>>>>>> and preservation copies simultaneously. >>>>>>>>>> >>>>>>>>>> Off-premises access to preservation copies circulated as >>>>>>>>>>substitutes for original copies should be limited to >>>>>>>>>>authenticated members of a library's patron community, e.g., >>>>>>>>>>students, faculty, staff, affiliated scholars, and other >>>>>>>>>>accredited users. >>>>>>>>>> >>>>>>>>>> Full attribution, in a form satisfactory to scholars in the >>>>>>>>>>field, should be provided for all items made available >>>>>>>>>>online, to the extent it can be determined with reasonable >>>>>>>>>>effort. >>>>>>>>>> >>>>>>>>>> >>>>>>>>>> >>>>>>>>>> *ENHANCEMENTS:* >>>>>>>>>> >>>>>>>>>> Fair use claims will be enhanced when libraries take >>>>>>>>>>technological steps to limit further redistribution of >>>>>>>>>>digital surrogates, e.g., by streaming audiovisual media, >>>>>>>>>>using appropriately lower-resolution versions, or using >>>>>>>>>>watermarks on textual materials and images. >>>>>>>>>> >>>>>>>>>> Fair use claims will be further enhanced when libraries >>>>>>>>>>provide copyright owners a simple tool for registering >>>>>>>>>>objections to use of digital surrogates, such as an e-mail >>>>>>>>>>address associated with a full-time employee. >>>>>>>>>> >>>>>>>>>> >>>>>>>>>> On Thu, Jan 26, 2012 at 6:37 PM, >>>>>>>>>> <ghand...@library.berkeley.edu> >>>>>>>>>> wrote: >>>>>>>>>> >>>>>>>>>>> So? ?Has anyone had an opportunity to read em? >>>>>>>>>>> >>>>>>>>>>> I've had several quick reads and it seems to me that the two >>>>>>>>>>>most significant principles being supported relevant to >>>>>>>>>>>video are: >>>>>>>>>>> >>>>>>>>>>> 1. A fair use justification for digitizing and delivering of >>>>>>>>>>> library video collections to classes...pretty heavy! ?The >>>>>>>>>>> notion of transformative use comes into play--shades of UCLA! >>>>>>>>>>> >>>>>>>>>>> On quick reading I find this principle more than a bit >>>>>>>>>>> problematic: ?it says "It is fair use to make appropriately >>>>>>>>>>>tailed course-related content available to enrolled students >>>>>>>>>>>via digital networks" >>>>>>>>>>> >>>>>>>>>>> What does that mean, exactly, though? ?A fair use claim for >>>>>>>>>>> digitizing DVDs and/or vhs tapes to support specific >>>>>>>>>>> classes, regardless of content type, regardless of license availability? >>>>>>>>>>> Regardless... ?I feel like I'm missing something. ?(If Pat >>>>>>>>>>> Aufderheide is lurking...I'd really like to hear her thoughts). >>>>>>>>>>> >>>>>>>>>>> 2. Going beyond current 108 allowances by claiming fair use >>>>>>>>>>>for >>>>>>>>>>>a) >>>>>>>>>>> "preemptive" preservation (not simply 108's requirement that >>>>>>>>>>>the item being considered for preservation must demonstrate >>>>>>>>>>>deterioration); and >>>>>>>>>>> b) >>>>>>>>>>> off-premises use of preservation copies to library patrons. ? >>>>>>>>>>>(I didn't get the sense that the document supports network >>>>>>>>>>>delivery of materials made under 108 provisions...) >>>>>>>>>>> >>>>>>>>>>> I'm interested in hearing what the rest of you think... >>>>>>>>>>> >>>>>>>>>>> >>>>>>>>>>> gary >>>>>>>>>>> >>>>>>>>>>> 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. >>>>>>>>>>> >>>>>>>>>> >>>>>>>>>> >>>>>>>>>> >>>>>>>>>> -- >>>>>>>>>> Pat Aufderheide, University Professor and Director Center for >>>>>>>>>> Social Media, School of Communication American University >>>>>>>>>> 3201 New Mexico Av. NW, #330 >>>>>>>>>> Washington, DC 20016-8080 >>>>>>>>>> www.centerforsocialmedia.org >>>>>>>>>> pauf...@american.edu >>>>>>>>>> 202-643-5356 >>>>>>>>>> >>>>>>>>>> Order Reclaiming Fair Use: How to Put Balance Back in >>>>>>>>>> Copyright, with Peter Jaszi. University of Chicago Press, 2011. >>>>>>>>>> >>>>>>>>>> >>>>>>>>>><http://www.amazon.com/Reclaiming-Fair-Use-Balance-Copyright/d >>>>>>>>>>p/02 >>>>>>>>>>2 >>>>>>>>>> 6032280/ref=sr_1_2?ie=UTF8&qid=1321544105&sr=8-2> >>>>>>>>>> >>>>>>>>>> Sample *Reclaiming Fair Use! * >>>>>>>>>> <http://centerforsocialmedia.org/reclaiming> >>>>>>>>>> >>>>>>>>>> Early comments on *Reclaiming Fair Use:* >>>>>>>>>> >>>>>>>>>> "The Supreme Court has told us that fair use is one of the >>>>>>>>>>"traditional safeguards" of the First Amendment. ?As this book >>>>>>>>>>makes abundantly clear, nobody has done better work making >>>>>>>>>>sure that safeguard is actually effective than Aufderheide and Jaszi. >>>>>>>>>> The day we have a First Amendment Hall of Fame, their names >>>>>>>>>>should be there engraved in stone. ?--Lewis Hyde, author, >>>>>>>>>>*Common as >>>>>>>>>>Air: >>>>>>>>>> Revolution, Art and Ownership* >>>>>>>>>> >>>>>>>>>> "*Reclaiming Fair Use* will be an important and widely read >>>>>>>>>>book that scholars of copyright law will find a 'must have' >>>>>>>>>>for their bookshelves. >>>>>>>>>> It >>>>>>>>>> is a sound interpretation of the law and offers useful >>>>>>>>>>guidance to the creative community that goes beyond what some >>>>>>>>>>of the most ideological books about copyright tend to >>>>>>>>>>say."-Pamela Samuelson, University of California, Berkeley >>>>>>>>>>School of Law >>>>>>>>>> >>>>>>>>>> "If you only read one book about copyright this year, read >>>>>>>>>>*Reclaiming Fair Use. ?*It is the definitive history of the >>>>>>>>>>cataclysmic change in the custom and practice surrounding the >>>>>>>>>>fair use of materials ?by filmmakers and other groups." ? >>>>>>>>>>--Michael Donaldson, Esq. Senior Partner, Donaldson & Callif, >>>>>>>>>>Los Angeles. >>>>>>>>>> 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 >>>>>>>>> >>>>>>>> >>>>>>>> >>>>>>>> >>>>>>>> -- >>>>>>>> Pat Aufderheide, University Professor and Director Center for >>>>>>>>Social Media, School of Communication American University >>>>>>>> 3201 New Mexico Av. NW, #330 >>>>>>>> Washington, DC 20016-8080 >>>>>>>> www.centerforsocialmedia.org >>>>>>>> pauf...@american.edu >>>>>>>> 202-643-5356 >>>>>>>> >>>>>>>> Order Reclaiming Fair Use: How to Put Balance Back in >>>>>>>>Copyright, with Peter Jaszi. University of Chicago Press, 2011. >>>>>>>> >>>>>>>> Sample Reclaiming Fair Use! >>>>>>>> >>>>>>>> Early comments on Reclaiming Fair Use: >>>>>>>> >>>>>>>> "The Supreme Court has told us that fair use is one of the >>>>>>>>"traditional safeguards" of the First Amendment. ?As this book >>>>>>>>makes abundantly clear, nobody has done better work making sure >>>>>>>>that safeguard is actually effective than Aufderheide and >>>>>>>>Jaszi. ?The day we have a First Amendment Hall of Fame, their >>>>>>>>names should be there engraved in stone. ?--Lewis Hyde, author, >>>>>>>>Common as Air: >>>>>>>>Revolution, >>>>>>>> Art and Ownership >>>>>>>> >>>>>>>> "Reclaiming Fair Use will be an important and widely read book >>>>>>>>that scholars of copyright law will find a 'must have' for >>>>>>>>their bookshelves. It is a sound interpretation of the law and >>>>>>>>offers useful guidance to the creative community that goes >>>>>>>>beyond what some of the most ideological books about copyright >>>>>>>>tend to say."-Pamela Samuelson, University of California, >>>>>>>>Berkeley School of Law >>>>>>>> >>>>>>>> "If you only read one book about copyright this year, read >>>>>>>>Reclaiming Fair Use. ?It is the definitive history of the >>>>>>>>cataclysmic change in the custom and practice surrounding the ? >>>>>>>>fair use of materials ?by filmmakers and other groups." ? >>>>>>>>--Michael Donaldson, Esq. Senior Partner, Donaldson & Callif, >>>>>>>>Los Angeles. >>>>>>>> >>>>>>>> >>>>>>>> >>>>>>>> >>>>>>>> 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. >>>>>>> >>>>>>> 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. >>>>>> >>>>>> 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. >>>>>> >>>>>> >>>>>> >>>>>> 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. >>>>> >>>>> >>>>> >>>>> >>>>> -- >>>>> Pat Aufderheide, University Professor and Director Center for >>>>> Social Media, School of Communication American University >>>>> 3201 New Mexico Av. NW, #330 >>>>> Washington, DC 20016-8080 >>>>> www.centerforsocialmedia.org >>>>> pauf...@american.edu >>>>> 202-643-5356 >>>>> >>>>> Order Reclaiming Fair Use: How to Put Balance Back in Copyright, >>>>>with Peter Jaszi. University of Chicago Press, 2011. >>>>> >>>>> Sample Reclaiming Fair Use! >>>>> >>>>> Early comments on Reclaiming Fair Use: >>>>> >>>>> "The Supreme Court has told us that fair use is one of the >>>>>"traditional safeguards" of the First Amendment. ?As this book >>>>>makes abundantly clear, nobody has done better work making sure >>>>>that safeguard is actually effective than Aufderheide and Jaszi. ? >>>>>The day we have a First Amendment Hall of Fame, their names should >>>>>be there engraved in stone. ?--Lewis Hyde, author, Common as Air: >>>>>Revolution, Art and Ownership >>>>> >>>>> ?Reclaiming Fair Use will be an important and widely read book >>>>>that scholars of copyright law will find a Omust have? for their >>>>>bookshelves. It is a sound interpretation of the law and offers >>>>>useful guidance to the creative community that goes beyond what >>>>>some of the most ideological books about copyright tend to >>>>>say.?<Pamela Samuelson, University of California, Berkeley School >>>>>of Law >>>>> >>>>> "If you only read one book about copyright this year, read >>>>>Reclaiming Fair Use. ?It is the definitive history of the >>>>>cataclysmic change in the custom and practice surrounding the ? >>>>>fair use of materials ?by filmmakers and other groups." ?--Michael >>>>>Donaldson, Esq. Senior Partner, Donaldson & Callif, Los Angeles. >>>>> >>>>> >>>>> >>>>> >>>>> 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. >>> >>> >>> 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. > > > 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. End of videolib Digest, Vol 51, Issue 52 **************************************** 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.