Sorry but those "limitations" do not change the fact that ACRL AND Brenden Butler in a public session say it was entirely legal to steam ALL of CITIZEN KANE ( which is legally available to license from Swank) because it was made for "entertainment" and was now being used for "education" and that made it tranformative. There was no special "pedagogical use" use suggested. It was perfectly clear that he said any feature film being used in a class could be legally steamed in its entirety under "fair use" Does he not speak for ACRL? I know of many schools streaming entire feature films without ever bothering to check with license or pay copyright holders. If this is NOT the position of ACRL than I suggest someone have Mr. Butler explain why he said so AND avoided the corollary issue of if this would not also be true of written materials. I am not making this up. Either ACRL and ALA believe it is legal to stream a feature film ( for a class limited to the students enrolled) without a license or they don't and so far one of their top guys says they do. If one argues that streaming an entire film to students for a class is legal because it is transformativeto take "entertainment" material and use it for "educational" purposes it surely follows that this can be applied to any material an educational institution uses even if Mr. Butler flat out refused to answer the question.
I sincerely appreciate that Middlebury is doing the right thing but I am not a nut job and in fact believe very strongly in legitimate "fair use" but I also work with filmmakers who have seen there works ripped off by the very institutions they trusted and sadly because of financial pressures from the top more institutions seem to do this On Wed, Aug 21, 2013 at 12:59 PM, Simpkins, Terry W. < tsimp...@middlebury.edu> wrote: > Hello everyone,**** > > Ms. Rosner’s description of the ARL position is, as usual, simplistic and > ultimately erroneous. ARL does not simply claim that you can stream an > entire film for class purposes without taking any other factors into > account. Among the other “limitations,” in Best Practices parlance, the > ARL authors cite are:**** > > **· **“the availability of materials should be coestensive with > the duration of the course or other time-limited use”**** > > **· **“only eligible students … should have access”**** > > **· **and, perhaps most importantly, “materials should be made > available *only when, and only to the extent that, there is a clear > articulable nexus between the instructor’s pedagogical purpose and the kind > and amount of content involved*” [the emphasis is mine].**** > > These are not trivial limitations to be dismissed for the purposes of > polemics. Rather, these are absolutely crucial factors, the absence of any > one of which might lead even the ARL authors (not to mention a judge and > jury) to conclude that a particular use is in fact * not *fair, but > infringing. Let me repeat this in case the rights holders on the list > don’t get it: in order for ARL (and -- since the best practices guidelines > are obviously NOT part of the text of the copyright law -- only ARL, at > this point, along with those who subscribe to their best practices > arguments) to suggest that screening an entire film would be fair use, > there would have to be a clear pedagogical purpose for screening the entire > film that is not served by screening only a portion. These cases are > relatively few and far between, in my experience with faculty.**** > > ** ** > > Ms. Rosner and others have argued before in this forum that NO use of an > ENTIRE copyrighted work should EVER be considered fair use. The ARL Best > Practices folks clearly disagree with this assertion. But they most > certainly do not argue that ANY use of an ENTIRE copyrighted work in an > educational setting is fair, and for Ms. Rosner to keep implying they do is > disingenuous. Until the courts rule clearly on these issues, the ARL > document suggests that ALL of the criteria above, along with others I > haven’t listed, need to be considered before sound judgment regarding fair > use can be exercised. > > **** > > At Middlebury, we do not make fair use decisions to avoid purchasing > things, to avoid licensing fees, to avoid seeking permission, or to avoid > hard work. We do make fair use decisions when we have few or no options > open to us, and we need to move forward in order to carry out the teaching, > learning, and research imperatives of the institution. For us, the ARL > guidelines are thoughtful, clear, and articulate, something I can’t always > say about the arguments I hear coming from rights holders.**** > > ** ** > > Terry**** > > ** ** > > *Terry Simpkins* > > Director, Research and Collection Services**** > > Library & Information Services**** > > Middlebury College, Middlebury, VT 05753**** > > (802) 443-5045**** > > ** ** > > *From:* videolib-boun...@lists.berkeley.edu [mailto: > videolib-boun...@lists.berkeley.edu] *On Behalf Of *Jessica Rosner > *Sent:* Wednesday, August 21, 2013 11:53 AM > *To:* videolib@lists.berkeley.edu > *Subject:* Re: [Videolib] The Good News about Library Fair Use > (infographic)**** > > ** ** > > "Because they are developed by practice communities themselves without > intimidation from hostile outside groups."**** > > Translation "We did not want rights holders and actual copyright lawyers > to interfere with our views"**** > > I believe this document is at least a year old. It does contain the single > most insane notion I have seen re streaming feature films which was the > same one expressed at the ALA conference session I went to.**** > > Basically they claim that you can stream any ENTIRE feature film because > using it in a class is "transformative" from it's original purpose of > "entertainment" This has ZERO basis in law or any previous copyright case > and is actually directly contradicted by many. At the ALA session when I > asked asked if this were indeed correct did it not also apply to books so > that a library could scan and upload The Great Gatsby, Catch 22 etc, the > response was "that is an interesting question" which of course was a total > dodge of this absurd theory. This "justifies" making and streaming copies > of ANY work not created exclusively for educational use. Good luck > defending that in court. > > **** > > ** ** > > On Wed, Aug 21, 2013 at 10:43 AM, Dennis Doros <milefi...@gmail.com> > wrote:**** > > "Because they are developed by practice communities themselves without > intimidation from hostile outside groups."**** > > ** ** > > Wow! I didn't realize I was so tough! Next time I meet a librarian, I'll > have to ease up on my hostility. ;-)**** > > > **** > > 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: milefi...@gmail.com > Visit our main website! www.milestonefilms.com**** > > Visit our new websites! www.portraitofjason.com, > www.shirleyclarkefilms.com, **** > > Support "Milestone Film" on > Facebook<http://www.facebook.com/pages/Milestone-Film/22348485426> > and Twitter <https://twitter.com/#!/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 2013 Conference, Richmond, Virginia, November > 5-9!<http://www.amianet.org/> > **** > > ** ** > > On Wed, Aug 21, 2013 at 9:46 AM, Pia Hunter <huntr...@uic.edu> wrote:**** > > Greetings, > > The ARL has created a great new resource to promote fair use and the Code > of Best Practices. The full PDF is available at:**** > > http://www.arl.org/publications-resources/2875 > > There are three versions available: a full-size PDF, an 8.5" x 11" letter > sized PDF for printing, and a PNG file for blogs and website. **** > > Please spread the word! > --**** > > Pia M. Hunter > Reserve/Media and Microforms | University Library (M/C 234) > University of Illinois at Chicago > 801 South Morgan Street, Suite 1-250 LIB | Chicago, Illinois 60607 > > reserve submissions: lib-...@uic.edu | copyright inquiries: > copyri...@uic.edu > phone: 312-996-2719 | fax: 312.996.0901**** > > ** ** > > 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.**** > > ** ** > > 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.
