I swear, this whole streaming thing is enough to make me want to retire
early!
If we are interested in streaming an entire film, what are we supposed
to do when the source (filmmaker, production co., whatever) has only an
online presence and is so small that their website indicates no phone #
or real email address? I can message them through their website, but if
there is no response, then what? Stop and do nothing, even though we
have a summer session course beginning in a couple of days? I don't
think so.
We want to do things the right way, the legal way, but if there is no
one to deal with, then all I can do is print out my queries as evidence
that I have covered my a-- and then we proceed on our own. And if
someone out there in the world comes forward and is upset, then I say,
"Fine, PLEASE let us give you some money." What alternative is there?
Maybe these little companies should turn over the business side of their
operation to some larger entity (e.g. Action! Library Media Service,
Midwest Tape, or someone of that ilk) who can operate efficiently.
Comments?
On 5/16/2012 12:30 PM, Dennis Doros wrote:
Roger,
I would still say based on Judith's assessment and looking over a
little of the decision and the opinions, that Jessica is correct in
saying that if 100% of a copyrighted material is put up on a
University streaming site where the rights are readily available, then
there is no part of this decision that would say it's permissible. And
I do believe Jessica is right that there are many institutions that
are allowing this to happen.
I would like to remind one and all that we are ALL colleagues in the
educational field and any direct or indirect insults from anybody on
this listserv is uncalled for. With Gary heading off to sunsets on the
beach drinking single-malt scotch after rum toddy chasers (Gary, I'm
sure you're going to correct me on this!), we should be even more civil.
And as we are an audiovisual crowd, I like to link my suggestions to
videos. Here's today's suggested view
<http://www.youtube.com/watch?v=jKGjOE_7bYI>. And please note, this
clip is less than 10% of the feature film. ;-)
Best regards,
Dennis Doros
Milestone Film & Video/Milliarium Zero
PO Box 128 / Harrington Park, NJ 07640
Phone: 201-767-3117 / Fax: 201-767-3035 / Email: [email protected]
<mailto:[email protected]>
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On Wed, May 16, 2012 at 12:03 PM, Brown, Roger <[email protected]
<mailto:[email protected]>> wrote:
Thank you Judith. It looks like you read the entire decision (at
least, wait for it... the good parts) and understand the specifics
and the exceptions of this particular decision.
Each case is only more case law, not (so far) a definitive
decision on fair use. Well-reasoned analyses with a minimum of
typographic errors are always welcome.
- -
Roger Brown
Manager
UCLA Instructional Media Collections & Services
46 Powell Library
Los Angeles, CA 90095-1517
office: 310-206-1248 <tel:310-206-1248>
fax: 310-206-5392 <tel:310-206-5392>
[email protected] <mailto:[email protected]>
From: "Shoaf,Judith P" <[email protected] <mailto:[email protected]>>
Reply-To: <[email protected]
<mailto:[email protected]>>
Date: Tuesday, May 15, 2012 12:42 PM
To: "[email protected]
<mailto:[email protected]>" <[email protected]
<mailto:[email protected]>>
Subject: Re: [Videolib] Permissible amounts in fair use
I once took that personality test online and it said I am most
like Lucy in Peanuts. My husband, who is most like Schroeder,
doesn't let me forget it. Nickels welcome.
Judge Evans talks about the Kinko's and Michigan Documents cases,
and disagrees about the "good parts" argument. In only one of the
cases she considers does she say that the excerpt constituted "the
heart of the work." I'm not sure whether this is because a
plaintiff argued it or it was her own analysis.
NB she looks at 74 cases, of which 27 fail the prima facie
copyright violation test because either the plaintiffs were not
able to show they had the rights, or else the excerpt was never
accessed by students (e.g. the course was cancelled). So there are
47 cases where she looks at fair use. In 100% of them she
considered that the library providing free access to the excerpts
(factor 1) strongly favored the defendants, and that the nature of
the works (scholarship relevant to the courses) favored the
defendants (factor 2). In the 5 cases where she found violations,
factor 3 had to favor the plaintiffs (that is, the amount had to
be more than "distinctly small") AND factor 4 had to strongly
favor the plaintiffs (not only was permission available in a
reasonably convenient way, but the book in question actually made
money on such permissions).
There is no 10% rule. The rule is that an amount under 10% of a
book with fewer than 10 chapters, or one chapter of a book with
more than 10 chapters, is "distinctly small." So in some cases 5%
of a book could be more than a distinctly small portion (if it was
a huge book with many chapters). I suppose that if you had a book
with 12 chapters, and one chapter took up 20% of the book, that
chapter could be used and still be "distinctly small."
But if the permission is difficult to come by, the amount is
irrelevant. In 13 cases, factor 3 favored or even (in one
case---30% of the book!) strongly favored the plaintiffs but the
judge found for the defendants based on factor 4..
I shall now go fly a kite into the kite-eating tree.
Judy Shoaf
____________________
Good points -- I see another healthy debate on the horizon. Hold
football for Lucy, hope for the best, rinse, repeat.
If I'm not mistaken it was the Kinko's case here in Ann Arbor,
where some of these specific percentages were discussed. I think
the prof. had copied 30-40% of a book, but the additional argument
that had some substance centered not so much on the large
percentage but that the "good parts" were primarily what was
copied. "Good parts" > core > substantive argument, etc.
Qualitative, not quantitative. At any rate, it seems to me that
stating something as exact as 10% is an effort in futility --
doesn't that miss a lot of the point, even though it is one part
of the fair use review? (disclosure: I have not read even 1% of
the decision yet, so I shan't go opinionating beyond this little
wondering!).
Randal Baier
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.
--
Helen P. Mack, Acquisitions Librarian
Lehigh University, Linderman Library
30 Library Drive
Bethlehem, PA 18015-3013 USA
Phone 610 758-3035 * Fax 610 758-5605
E-mail [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.
