Recently the Digital Copyright discussion list had a lengthy back and forth 
discussion on the topic of the permissibility of using Amazon and/or Netflix in 
the classroom.

It was a very interesting exchange from a group of people for whom copyright is 
of high interest.  Last week Peter Hirtle, Stanford University Libraries posted 
the following summary of the discussion.

Less there be ANY confusion on the part of VideoLib's gentle readers, please 
note that what follows is neither a personal stance nor an advocacy by me of 
anything in the summary.   I am merely reposting it here for your information 
and amusement.

-deg

deg farrelly, Media Librarian
Arizona State University Libraries
Hayden Library C1H1
P.O. Box 871006
Tempe, Arizona  85287-1006
Phone:  602.332.3103

---
To market, to market, to find some fresh film…
I'm attending the 2013 National Media Market, November 3-7
In Charleston, South Carolina.  See you there?

---

So what have I learned from this discussion?

1. The streaming services seem to authorize "private, non-commercial use."

2. Some argued that showing a film to a class was a private use.  If it
Is a private use, it would not be in violation of the license.

3.  You could also argue that a private use was a non-public performance.
If a private use was not a public performance, then you don't have to
even think about 110, since the copyright owner does not have the
right of public= performance.

4. If it is the library or institution that is arranging for the
streaming, it may become harder to argue that the use is private.  It
is more likely = that this is a violation of the terms of use.

5. If you view showing a movie to a classroom as a public performance, then
you may have a copyright problem.  The streaming service is not
Authorized to allow public performances.  At that point, you have to
turn to 110 for a defense.

6. But if you are using a 110 defense, then it is likely that you are
in violation of the terms of use.  I can't see how one can call a
public performance (for copyright purposes) a "private use" (in the
terms of the license)= .

In sum, there appear to be 4 ways to balance the private/public use
(license) and the public/non-public performance (copyright):

1. If you conclude that showing a movie from a streaming service to a
classroom is a private, non-public performance, then you are likely
in the clear.

2.If you conclude that showing the movie to the classroom is a private use
but a public performance, then you are OK in terms of the license but
have to look to 110 for copyright protection.
(This position seems to be the least defensible.)

3.  If you conclude that showing the movie in the classroom is a non-private
use but still a non-public performance, then you are only in violation
Of the terms of use.

4.  If you conclude that showing a movie from
a streaming service to a classroom is a public performance, it is
likely to be a public use and hence not allowed by the license (even
if 110 would keep it from being a copyright infringement).

And the bottom line in all of this is a matter of risk assessment.  You
May conclude that ignoring the terms of use in the streaming service
agreements is acceptable since it is unlikely that the service will
ever complain and the copyright owner can't complain if what you have
done is merely violated the terms of use.  See
http://www.thedigitalshift.com/2013/02/media/one-<http://www.thedigitalshift.com/2013/02/media/one-=>way-to-get-streaming-content-from-the-library-ephrata-pl-looks-to-expand-roku-lending-program/
( http://tinyurl.com/EphrataRoku added by deg farrelly ) for a story about a 
library that is loaning out
Rokus, seemingly in complete disregard for the agreements it signs with the 
service.




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