These very large courses are called MOOCs, i.e. "massively open online 
courses." The "open" means that anyone at all can sign up.  They are not the 
kind of regularly scheduled courses for credit that students enrolled at a 
university take. Now, they are going to evolve, but they do pose a really 
interesting potential exception to/stretching of the definition of classroom 
use even for things like video clips or short reading excerpts.



Judy





________________________________
From: videolib-boun...@lists.berkeley.edu [videolib-boun...@lists.berkeley.edu] 
on behalf of Jessica Rosner [maddux2...@gmail.com]
Sent: Friday, October 04, 2013 8:26 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Help on licensing contract for streaming rights

Susan & all
I probably should have been clearer. I fully understand students can be 
anywhere but there are two related concerns for me. One is if they are outside 
the country of the licensing institution, that brings up a lot rights and 
contract issues, the second related and bigger concern is the growing trend for 
some institutions to set up courses all over the country and the world either 
to make money or enhance reputation. I can easily see trends where schools want 
to stream to thousands if not tens of thousands of students who are all over 
the country and the world. Obviously this effects both rights and rates. I have 
worked really hard to convince directors that they need to be willing to accept 
one time sale for streaming right for institutions that want/need this and that 
these are lifetime rights to they should not expect another sale if 
betadigiredrayhd becomes the rage unless the institution requires new files. I 
don't want them coming back and saying we sold the right to our film for $500 
to Univ. of Lake Wobegone and now they have 100,000 students with access to it 
and it killed my sales. I don't think this as far fetched as it sounds. When 
DVD came in and now streaming it played havoc with contracts and major 
arguments with filmmakers, rights holders and  distributors over what was in 
the contracts. Again I think it is to the advantage of the institution and 
filmmaker for there to be a one time sale for films they would like to use in 
classes and I would like to make the license as simple as possible and as least 
restrictive as possible but I have to balance that with making sure the 
filmmakers are protected.

I am a bit paranoid because I have seen some bad things that have been done and 
to be totally honest I think librarians are under a lot of pressure and are 
often overruled by administration about what they can and can not do with 
media. I want a license that everyone can feel comfortable with.



On Fri, Oct 4, 2013 at 7:34 PM, Susan Weber 
<swe...@langara.bc.ca<mailto:swe...@langara.bc.ca>> wrote:
Jessica:
I'm sure our institution is no different from any other one. Only
current and registered students have access to the network files. We
have to have this restriction, or there would be tens of thousands of
active users, which would go against every license agreement, print or
digital, we've ever signed.
For us, once a student has left the institution, they are no longer
registered, they lose access to password-protected sites. Print or
media. This is very fundamental.
Same with staff and faculty.

The second issue you seem to want clarification on, is distance
students.  A student who is registered is a student, for all legal
purposes.  It doesn't matter where they put their head to rest at night.
This would be 1:1 viewing, by a registered student, who gets
authenticated by the password-protected nature of logons.
You seem to be misunderstanding a student doing their coursework. It
doesn't matter where they live. They are a legitimate student, they have
access to the servers and files of their educational institution, the
same as a student who is on campus.

Susan


Susan Weber

Media Librarian
Library
T  604.323.5533<tel:604.323.5533>
F  604.323.5512<tel:604.323.5512>
swe...@langara.bc.ca<mailto:swe...@langara.bc.ca> <mailto:Susan<mailto:Susan> 
Weber <swe...@langara.bc.ca<mailto:swe...@langara.bc.ca>>>

Langara. <http://www.langara.bc.ca>

100 West 49th Avenue, Vancouver, BC, V5Y 2Z6

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On 03/10/2013 12:16 PM, Jessica Rosner wrote:
> I am growing a little concerned about the exact wording in the licensing
> agreements I use for streaming rights. I have two new docs where I am
> working with directors so they own all rights in perpetuity. The
> standard  language I have used for selling lifetime streaming rights
> says it is to be on password protected system available to students,
> faculty and staff. One thing I want to add is the word "current" to make
> it clear that this not for access by alumni, retired professors or
> staff, but the other concern is trickier. It is understood that schools
> have distance learning that they want to use these films for but I am
> wondering how far that "distance" can be. I have no issue with a school
> that teaches courses in their immediate area but I am worried about say
> a school in CA, streaming it to a student in New York. My bigger concern
> is schools with programs in other countries.
> The two films in question ( and I am not mentioning them to avoid
> shilling) would have major interest abroad. Most of you know I am not
> much of a techie so exactly how far is the reach for some of you and how
> are the passwords doled out? Is there a single password for everyone for
> a particular semester or passwords for particular courses? Again the
> directors own worldwide rights and if there is a safe way to limit LONG
> DISTANCE use to just a small group for specific classes they would
> likely be OK but having folks in London or 3,000 miles away with a
> password to access there film might freak them out. I should add that I
> have little faith in students not to share passwords and zero in faculty.
>
> Sorry for the length and you can respond on or off list.
>
> Jessica Rosner Media Consultant 224-545-3897<tel:224-545-3897> (cell) 
> 212-627-1785<tel:212-627-1785> (land
> line) jessicapros...@gmail.com<mailto:jessicapros...@gmail.com> 
> <mailto:jessicapros...@gmail.com<mailto:jessicapros...@gmail.com>>
>
>
>
>
> 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.

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