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. 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.
