Not going to happen Gary. That was indeed a sarcastic response but when
people continue to write things and deliberately and systematically
misstate copyright law ( some things are open to interpretation, others are
not) I will respond ( I certainly do not need Mike) In a matter of weeks we
have seen a chunk of the library establishment condone a level of copyright
infringement that is staggering and they have largely focused it on media
rather than books. I still don't see ARL suggesting you can scan and stream
books for a course and about the only response I get when I actually quote
case law and literal factual errors is
"This exact issue has never been decided" or that I am paranoid. There is
again a clear and unambiguous case law in from two Federal appeals courts
stating that while the exact portion of fair use is debatable the copying
of significant portions of written works is a a violation of "Fair Use". At
no time in the nearly 20 years since the first case was decided did an
institution or group claim that because the cases involved "for profit"
entities  "non profit" entities could in fact use more let alone all of a
work. In addition there is a case from the 80s in which a consortium of
schools copied and distributed entire films and TV programs and they were
completely bitched slapped down because despite the fact they were non
profit they could NOT copy and use whole films in classes both because it
violated the amount that could be used under fair use and it directly
effected the profits of rights holders. Why exactly is this never
mentioned? I am still waiting for anyone supporting the code or similar
views to explain upon one legal basis they now believe they can copy and
stream whole films. As noted in my previous email I remain beyond startled
even  by my standards that Pat would suggest as source for copyright a site
which literally eliminates the issue of loss of revenue for a rights holder
from the debate,basically telling anyone relying on their site that it is
not part of copyright law.

I get that I rant but I still await specific answers to questions I have
posed and will again post the key wording in the Kinko's case
and ask upon what legal basis would this not apply to non for profit
institutions.

"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. Thus,
with regard to this factor, the court finds for the publishers
because Kinko’s is copying substantial portions of the work"



On Mon, Feb 27, 2012 at 2:30 PM, <ghand...@library.berkeley.edu> wrote:

> Enough Jessica. This simply is not a productive response.
>
> We need to move on for the moment.
>
> Gary
>
>
>
> > You missed the memo Mike. You can copy and stream any film or book ever
> > made or published so long as a professor tells you he needs it. ARL etc
> > have said so and you longer have to worry about actual copyright law or
> > numerous legal cases that say otherwise.
> >
> > I am in an especially snarky mood today. I just found a major academic
> > institution has
> > "scheduled" an open campus showing of a film JUST BEING released in
> > theaters and not available on DVD ANYWHERE in the world. I am sure ARL,
> > PAT
> > & Michael will find a way to justify that as well. After it is part of
> > "educational" institution and sponsored by faculty.
> >
> > On Mon, Feb 27, 2012 at 12:34 PM, Schmitt, Mike <schmi...@uwgb.edu>
> wrote:
> >
> >> There seems to be this notion from faculty at my campus that they can
> >> take
> >> a program with copyright and place the entire movie on D2L or other
> >> online
> >> sources.  I don't believe a campus has the right to place an entire
> >> program
> >> online for students to watch at their convenience.  I don't believe the
> >> TEACH Act or Fair Use cover this type of situation.  If someone can
> >> point
> >> to a particular piece of copyright law that would illustrate this that
> >> would be helpful.
> >>
> >> Does anyone have specific examples of campuses be targeted/fined for
> >> copyright infringement?
> >>
> >> I would appreciate any assistance you can provide.
> >>
> >> Thanks,
> >>
> >> Mike Schmitt
> >> UW-Green Bay
> >>
> >> 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.
> >
>
>
> 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.

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