Well...at present there are two alternatives, and really two only 1. Throw up your hands and find another film...assuming that streaming without permission or license does not stand up to fair use tests or your institution's tolerance for risk...
or 2. Cast your lots with the risk-tolerant and UCLA and go to the liberal interpretation battlements by streaming first and asking questions later. Gary Handman Blanton Reserve (that's bourbon, son) with two cubes maximum, Dennis. Although I have never in my life turned down a glass of single-malt. > 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]> >> Visit our main website! www.milestonefilms.com >> <http://www.milestonefilms.com/> >> Visit our other websites! www.comebackafrica.com >> <http://www.comebackafrica.com/> www.yougottomove.com >> <http://www.yougottomove.com/> www.ontheboweryfilm.com >> <http://www.ontheboweryfilm.com/> www.arayafilm.com >> <http://www.arayafilm.com/> www.exilesfilm.com >> <http://www.exilesfilm.com/> www.wordisoutmovie.com >> <http://www.wordisoutmovie.com/> www.killerofsheep.com >> <http://www.killerofsheep.com/> >> >> Support "Milestone Film" on Facebook >> <http://www.facebook.com/pages/Milestone-Film/22348485426> and Twitter >> <https://twitter.com/#%21/MilestoneFilms>! >> See the website: Association of Moving Image Archivists >> <http://www.amianet.org/> and like them on Facebook >> <http://www.facebook.com/pages/Association-of-Moving-Image-Archivists/86854559717> >> >> AMIA 2012 Conference, Seattle, WA, December 4-7! >> <http://www.amiaconference.com/> >> >> >> 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. > Gary Handman Director Media Resources Center Moffitt Library UC Berkeley 510-643-8566 [email protected] 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.
