With respect, already in the first sentence of Mr. Butler's portion of this email, he has tilted the pinball machine, and created a straw man the easier to knock down: there is NO concern by either librarians or vendors (filmmakers and distributors) about threatening our relationship "if librarians exercise their fair use rights" - this is preposterous.
The concern is over the DEFINITION and parameters of what those rights are. To frame any question or discussion of the definition and parameters as a question of the basic concept (by a competent attorney trained in the proper use of words and language no less), whether intentional or not, will only create more confusion not less. I refer every one back to Larry Daressa's email to the list yesterday, better reasoned and argued than anything I am capable of. JM -----Original Message----- From: [email protected] [mailto:[email protected]] On Behalf Of Patricia Aufderheide Sent: Friday, February 17, 2012 11:10 AM To: [email protected] Cc: Brandon Butler; Peter Jaszi Subject: Re: [Videolib] offer of an FAQ and even a webinar Thanks to everyone who's invested in this issue, and I continue to hope that we can benefit from education on this issue. I've shared your concerns with the lawyers who shaped the Code of Best Practices in Fair Use for Academic and Research Libraries with me and ARL's Prue Adler, on the basis of meeting with dozens of librarians and interviews with many more. The ARL's lawyer Brandon Butler, suggested what I think is a great idea and since he's not on the list, I'm posting it for him (he's [email protected]): Brandon's message: We understand that there is concern both among librarians and vendors that a thriving relationship between them might be threatened if librarians exercise their fair use rights. We don't believe that is true, but we recognize that there is concern. We're hoping to deepen our resources, given the concerns on this list, and to prepare an FAQ that addresses your questions in a way that can add light not heat to the discussion. (We can also offer you a dedicated webinar, if you like.) Here are some questions we think could be addressed with such an FAQ, given the concerns on the list. Please tell us if these are not concerns, or if the questions could be sharpened. And can you let me know any others? *Does this Code really say that librarians can stream audio and video for student use, without licensing it for that specific use? *Does fair use law really let a librarian copy a VHS to a DVD? *Does the Code's language on exhibits let a librarian show a video publicly without getting public performance rights? *Don't librarians have to pay educational prices to use films/videos in a library context? *What authority is the Code of Best Practices in Fair Use for Academic and Research Libraries grounded in? *How risky would it be for a librarian to actually use this Code? On Thu, Feb 16, 2012 at 9:13 AM, Patricia Aufderheide <[email protected]> wrote: > 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 <[email protected]> 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: [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. >> > > > > -- > 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 > [email protected] > 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. > > > -- 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 [email protected] 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. 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.
