Hi, Judy. Thank you for clarifying what I was actually asking! I obviously did not give enough details for everyone to understand me!!
I am aware of what needs to be done to have faculty create online courses legally. I really just wanted to see if we could use the faculty's legally attained dvd for the purposes of digitization after we had received permission to digitize it on a password-protected, authenticated course management system. I think that should the situation arise again, I will include your idea of asking if we can use the faculty's copy when directly dealing with the rights holder. For virtually everything else this professor wants to use, we have or are getting actual copies for the collection. As it is, just before you wrote, I heard from the producer asking me if the AV Library had a copy of the documentary. She offered to sell me one! And so, as I said on the list yesterday, we are purchasing a copy for the library to be used in the digitization. And no, Gary, I never said that the documentary was not generally available! I can get it from one of our regular vendors as well as from the producer. I was just trying to save a few dollars, which I can't in this case!! ML Mary Lou Neighbour AV Librarian/Assistant Professor Montgomery County Community College 340 DeKalb Pike Blue Bell, PA 19422 [email protected] 215-619-7355 From: [email protected] [mailto:[email protected]] On Behalf Of Shoaf,Judith P Sent: Wednesday, June 20, 2012 11:10 AM To: [email protected] Subject: Re: [Videolib] Faculty's personally owned copies and digitization I wanted to reply to this because nobody seems to be paying attention to what Mary Lou actually says: I am appealing to the collective wisdom of the list! I am helping a dance professor put together an online course on the history of dance. She is using multiple library resources - some will be entire programs with permissions, some will be entire programs with licensing fees, and others will be fair use excerpts. So she is saying that there are 3 categories of items to be used: Entire programs WITH PERMISSIONS Entire programs WITH LICENSING FEES Fair use EXCERPTS. This has nothing to do with streaming an entire program without permissions/licensing. Mary Lou seems to have a clear grasp of the difference between a legal and an illegal copy. The question is whether she can use a lawfully acquired (i.e. not taped off TV) copy that does not belong to the library as the basis of digital materials for educational purposes. My thought is this: she needs to specify when she asks for the permissions and licensing fees for the entire programs whether the library can use a privately-purchased copy as the basis for the digital version. In the case of the items she describes, where she has permission, surely she could ask the same source for permission to use the instructor's copy. But with respect to the clips, which would be governed by fair use, surely the Rulemaking of 2009, which Gary was so instrumental in obtaining, would be a useful guide: Motion pictures on DVDs that are lawfully made and acquired and that are protected by the Content Scrambling System when circumvention is accomplished solely in order to accomplish the incorporation of short portions of motion pictures into new works for the purpose of criticism or comment, and where the person engaging in circumvention believes and has reasonable grounds for believing that circumvention is necessary to fulfill the purpose of the use in the following instances: (i) Educational uses by college and university professors and by college and university film and media studies students; (2 other situations) http://www.copyright.gov/1201/2010/ By way of contrast with the rulemaking of 2006, where it was specified that clips can be made only from "Audiovisual works included in the educational library of a college or university's film or media studies department," this pronouncement does not specify that the work has to belong to the educational institution. So it seems to me that an instructor's personal copy would be an appropriate source for "short portions." Judy Shoaf ________________________________ Montgomery County Community College is proud to be designated as an Achieving the Dream Leader College for its commitment to student access and success.
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.
