Well I can see situations where the courses may not be huge but that traditional boundaries are broken and schools are routinely offering courses to students many thousands of miles away that have no other connection to the school and this for a distributor / filmmaker changes the dynamic for licensing in situations where you are selling the streaming rights one time for lifetime use. Streaming collections of course can easily adjust pricing for this type of set up.
As for the issue of using clips and exerts, that does not actually have to be effected. This of course is covered by "fair use" and not the "face to face " exemption which specifically allows entire films to be shown in a PHYSICAL classroom. "Fair Use" is not limited to educational or even non profit use so the proper use of clips and exerts even streamed does not have to be effected. On Sat, Oct 5, 2013 at 11:15 AM, Shoaf,Judith P <jsh...@ufl.edu> wrote: > 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 > betadigiredrayhdbecomes 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> 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 >> F 604.323.5512 >> swe...@langara.bc.ca <mailto:Susan Weber <swe...@langara.bc.ca>> >> >> Langara. <http://www.langara.bc.ca> >> >> 100 West 49th Avenue, Vancouver, BC, V5Y 2Z6 >> >> Please consider the environment before printing. >> CONFIDENTIALITY: This e-mail may contain confidential or privileged >> information. If you are >> not the intended recipient, please notify us immediately and delete this >> email from your system. >> >> >> 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 (cell) 212-627-1785 (land >> > line) 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. > >
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.
