Hi Mary, As Gary suggested, essentially you are describing a video at risk situation. Given that the content in question is not owned by the library (or archive or non-profit educational institution serving in such capacity...), a Sec: 108 defense is not relevant here (though our government should encourage individuals to preserve as well). Therefore, your fall back is of course, Sec: 107 and Sec's: 110.1 - .2. and further supported, perhaps to some extent by the Rulemaking hearing (depending on your perspective of non-protected VHS).
Though some would disagree, given the absence of this content available in digital format in addition to the inability to locate this contents' rights holder in order to seek permission or license, your instructor likely has a strong case for being able to digitize at least a portion, if not in entirety (market impact). I would suggest they document their due diligence, articulating the process and rationale for fair use. Better defining this process is an outcome I would expect to see from the community in the not too distant future. My two cents.. -Scott On Wed, Jun 20, 2012 at 10:29 AM, <[email protected]>wrote: > Send videolib mailing list submissions to > [email protected] > > To subscribe or unsubscribe via the World Wide Web, visit > > https://calmail.berkeley.edu/manage/list/listinfo/[email protected] > > or, via email, send a message with subject or body 'help' to > [email protected] > > You can reach the person managing the list at > [email protected] > > When replying, please edit your Subject line so it is more specific > than "Re: Contents of videolib digest..." > > > Today's Topics: > > 1. Re: Looking for docs on international media issues (Deg Farrelly) > 2. International media... ([email protected]) > 3. Re: Faculty's personally owned copies and digitization > (Shoaf,Judith P) > 4. Re: Faculty's personally owned copies and digitization > (Jessica Rosner) > > > ---------------------------------------------------------------------- > > Message: 1 > Date: Wed, 20 Jun 2012 06:53:37 +0000 > From: Deg Farrelly <[email protected]> > Subject: Re: [Videolib] Looking for docs on international media issues > To: "[email protected]" <[email protected]> > Message-ID: > < > dac3018aad33dc41b8dca4808569d8fb07b31...@exmbt06.asurite.ad.asu.edu> > Content-Type: text/plain; charset="Windows-1252" > > Kim > > These may be too old for you, or you may already know of them: > > Larger than Life (Film industry in India) > Films for the Humanities > > World?s Largest Film Studio (China) > National Film Board of Canada > > Korean Cinema Unleashed > Korea Foundation, 2006 > > Nollywood Lady > Women Make Movies > > Welcome to Nollywood > Cinema Guild > > -deg > > deg farrelly > ASU Libraries > Arizona State University > P.O. Box 871006 > Tempe, Arizona 85287-1006 > 480.965.1403 > ________________________________________ > > I'm looking for recent (2010 or later) documentaries that address media > industries (film, television, music) outside of the US. The faculty member > is particularly interested in emerging, non Western media industries and > their economic and/or cultural impact. Nollywood Babylon is a great > example, though we're looking for additional, more current content. > > I'm also looking for a recent (2010 or later) documentary that addresses > international advertising - the focus should be on advertising outside of > the US. The faculty member has used In Brands We Trust/ No Logo for > several years, but is looking for something more current. The Clio Awards > are on our list. Any other suggestions??? > > Thanks in advance! > > Kim Stanton > > > ------------------------------ > > Message: 2 > Date: Wed, 20 Jun 2012 08:10:17 -0700 > From: [email protected] > Subject: [Videolib] International media... > To: [email protected] > Message-ID: > <[email protected]> > Content-Type: text/plain;charset=utf-8 > > Hey Kim > > Yesterday I sent you the links for stuff we own on media globalization and > media in the developing world. > > If it's national cinemas you're looking for, you might take a look at > http://www.lib.berkeley.edu/MRC/FilmonVideoVid.html > Take a look at the listings under National and Ethnic Cinemas > > Cheers! > > Gary Handman > > > > > 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 > > > > > ------------------------------ > > Message: 3 > Date: Wed, 20 Jun 2012 15:10:22 +0000 > From: "Shoaf,Judith P" <[email protected]> > Subject: Re: [Videolib] Faculty's personally owned copies and > digitization > To: "[email protected]" <[email protected]> > Message-ID: > <3dbf4281403d7248b5da1c65dfbc51b929a9b...@ufexch-mbxn01.ad.ufl.edu> > Content-Type: text/plain; charset="us-ascii" > > 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 > > -------------- next part -------------- > An HTML attachment scrubbed and removed. > HTML attachments are only available in MIME digests. > > ------------------------------ > > Message: 4 > Date: Wed, 20 Jun 2012 11:29:30 -0400 > From: Jessica Rosner <[email protected]> > Subject: Re: [Videolib] Faculty's personally owned copies and > digitization > To: [email protected] > Message-ID: > <CACRe6m_H1-Me+4SPe=xXFujnSHvgs2kToNEY4uiZs-tcZ=5=p...@mail.gmail.com > > > Content-Type: text/plain; charset="windows-1252" > > Judy > I don't disagree on your answer but actually that is not what she was > asking or at least that was not clear to me. It turns out she did > apparently want permission for an entire program and in fact got it. At > least that is how it sounded to me, Also Gary bringing in 108 which was > not on point here but brings up the increasing problem of libraries simply > copying all VHS titles to DVD if a rights holder has for any reason not > made it available on a retail DVD does set me off. I have no problem and > never had any problem with the use of clips and I think the studios were > IDIOTS for opposing this, however when you have schools AND major library > groups and organizations asserting the right to > digitize and stream entire feature works without permission rights holders > do tend to freak out. > > This was a case of everything being done exactly right AND a rights holder > giving permission, sadly this is just > not what happens most of the time. > > On Wed, Jun 20, 2012 at 11:10 AM, Shoaf,Judith P <[email protected]> wrote: > > > 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**** > > > > ** ** > > > > 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. > > > > > -------------- next part -------------- > An HTML attachment scrubbed and removed. > HTML attachments are only available in MIME digests. > > End of videolib Digest, Vol 55, Issue 35 > **************************************** > -- Scott Spicer Media Outreach and Learning Spaces Librarian University of Minnesota Libraries - Twin Cities 341 Walter Library [email protected] 612.626.0629 Media Services: lib.umn.edu/media SMART Learning Commons: smart.umn.edu
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.
