The UCLA case was never ruled on so it has no legal impact. Going forward I
suspect most vendors are detailed in their licenses on the issue of
streaming. I know the directors I work with have been. Streaming rights are
much more complicated for both the rights holder and the purchaser. They
literally did not exist in older distribution contracts meaning that the
company would have no right to sell them. Also as noted many distributors
have no rights outside certain geographic areas so they can not legally
sell an institution the right to allow someone outside the US to access
material which is a problem for institutions. There is a  huge difference
between what we like to call "educational material" which is basically non
fiction and more or less created for the institutional market and material
that sells in  retail and theatrical markets. It is far easier at least
contractually to get streaming rights even lifetime streaming rights for
educational material. Material that is also for the retail market is more
difficult for streaming in general and very, very difficult for any kind of
permanent streaming rights.

I really would not count on streaming as viable for so much material. Right
now you can't get rights to stream everything from MODERN TIMES to BLADE
RUNNER.  There is always going to be a LOT of material that for one reason
or another you can't get streaming rights for so I would not plan on
dumping for DVDs or VHS copies.


On Tue, Feb 4, 2014 at 9:54 AM, Laura Jenemann <ljene...@gmu.edu> wrote:

> Hi Nahum and all,
>
> Nahum asked " has anyone ever purchased "only" streaming rights?"  I
> suspect that this is the model that libraries are all going to go in the
> sunset of analog media use.
>
> So the related topic of PPR in the streaming only age is also one that
> libraries are confronting.
>
> I believe that AIME v. UCLA  touched on the topic of PPR for streaming
> media.  There are probably other cases that relate to this issue that
> others can point out.
>
> One of many blog postings from the library community on the AIME v. UCLA
> case can be found here:
>
> "A Copyright Victory: Video Vendor Case Dismissed!" ARL Policy Notes
>
> http://policynotes.arl.org/post/11024602634/a-copyright-victory-video-vendor-case-dismissed
>
> Regards,
>
> Laura
>
> Laura Jenemann
> Film Studies/Media Services Librarian
> George Mason University
> 703-993-7593
> ljene...@gmu.edu
>
> -----Original Message-----
> From: videolib-boun...@lists.berkeley.edu [mailto:
> videolib-boun...@lists.berkeley.edu] On Behalf Of nahum laufer
> Sent: Tuesday, February 04, 2014 2:25 AM
> To: videolib@lists.berkeley.edu
> Subject: [Videolib] streaming and common sense
>
>
>
> -----Original Message-----
> From: videolib-boun...@lists.berkeley.edu
> [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of
> videolib-requ...@lists.berkeley.edu
> Sent: Monday, February 03, 2014 9:29 PM
> To: videolib@lists.berkeley.edu
> Subject: videolib Digest, Vol 75, Issue 5
>
> Send videolib mailing list submissions to
>         videolib@lists.berkeley.edu
>
> To subscribe or unsubscribe via the World Wide Web, visit
>
>
> https://calmail.berkeley.edu/manage/list/listinfo/video...@lists.berkeley.ed
> u
>
> or, via email, send a message with subject or body 'help' to
>         videolib-requ...@lists.berkeley.edu
>
> You can reach the person managing the list at
>         videolib-ow...@lists.berkeley.edu
>
> When replying, please edit your Subject line so it is more specific than
> "Re: Contents of videolib digest..."
>
>
> Today's Topics:
>
>    1. Re: srtreaming rights (Jessica Rosner)
>
> Hi Jessica
> I didn't get an answer for my query
> Its not a question what is legal or what are the rules in USA, but one of
> Common sense if I understood Laura's query is that what happens if  your
> professor wants, only to stream a film? Without a copy in the library ?
>  And then stream it in "face to face" (Library use) or in a seminar  for
> guests (PPR) so in the case of a university/college the streaming  fee
> should  include PPR In case of a university library purchasing only
> streaming rights, who is going to use the film? Not the university public?
>  During the Year 2013 I sold to 80 Academic libraries including 60 in
> North America the film "One Day After Peace" all except one purchased PPR,
> 3 asked and received streaming rights for an extra $100, any library that
> has the film and will want to get streaming rights I'll ask for only $100.
> I would like to hear the opinion of librarians & other distributers if I'm
> right,  has anyone ever purchased "only" streaming rights?
> cheers
>
> Nahum Laufer
> http://onedayafterpeace.com/index.php
> http://docsforeducation.com/
> Sales
> Docs for Education
> Erez Laufer Films
> Holland st 10
> Afulla 18371
> Israel
>
>
> ----------------------------------------------------------------------
>
>
>
> Message: 1
> Date: Mon, 3 Feb 2014 14:28:53 -0500
> From: Jessica Rosner <maddux2...@gmail.com>
> Subject: Re: [Videolib] srtreaming rights
> To: videolib@lists.berkeley.edu
> Message-ID:
>         <CACRe6m-BSgA5bT90FERjgL9mNEbpNueJt=
> 7cwhn9gbp+jys...@mail.gmail.com>
> Content-Type: text/plain; charset="iso-8859-1"
>
> Also to clarify you do not need PPR for a library to own/ circulate a copy.
> Now if you do not sell your films retail it is a moot point but librarians
> are understandably sensitive on this issue.
>
>
> On Mon, Feb 3, 2014 at 2:23 PM, Jessica Rosner <maddux2...@gmail.com>
> wrote:
>
> > Nahum in the US you do NOT need Public Performance Rights to use a
> > film IN A  CLASS. If the film is available at retail price you can use
> > that in a class.
> > The "face to face " exemption is very specific to use in a physical
> > classroom as part of specific class and limited to students enrolled
> > in that class You DO need PPR rights if you want to show a film to an
> > open audience on campus, in a library etc.
> >
> > PPR rights are totally separate from Streaming Rights which allow an
> > institution to either directly stream on their own system or access
> > the streaming of distributor. Obviously different distributors,
> > filmmakers, rights holders own and offer different rights for
> > different prices and term lengths.
> >
> >
> > On Mon, Feb 3, 2014 at 1:40 PM, nahum laufer
> <lauf...@netvision.net.il>wrote:
> >
> >> We are a production Company self distributing our films.(and some
> >> others) As I understand the rules you should have PPR to stream the
> >> film for students & faculty so we have set the following fees for
> >> "One Day after Peace"
> >> Library use  (means allowing face to face screening) =$250 PPR = $300
> >> PPR & streaming =$400 (from the university library server ) We're
> >> willing to give a life long streaming license for our films, Films
> >> from other directors for 3 years I only once got a request from
> >> Online teaching institute for streaming only for specific course,
> >> nothing came out of the request but we agreed on the fee restricting
> >> the course for 500 students, if I understood your query is that what
> >> your professor wants, only to stream a film? Without a copy in the
> >> library ?
> >> And then stream it in "face to face" (Library use) or in a seminar
> >> for guests (PPR) so in the case of a university/college the streaming
> >> fee has to include PPR
> >> PS: GMU has purchased a copy of "One Day After Peace"
> >> cheers
> >> Nahum Laufer
> >> http://onedayafterpeace.com/index.php
> >> http://docsforeducation.com/
> >> Sales
> >> Docs for Education
> >> Erez Laufer Films
> >> Holland st 10
> >> Afulla 18371
> >> Israel
> >>
> >>
> >>
> >> -----Original Message-----
> >> From: videolib-boun...@lists.berkeley.edu
> >> [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of
> >> videolib-requ...@lists.berkeley.edu
> >> Sent: Monday, February 03, 2014 7:47 PM
> >> To: videolib@lists.berkeley.edu
> >> Subject: videolib Digest, Vol 75, Issue 2
> >>
> >> Send videolib mailing list submissions to
> >>         videolib@lists.berkeley.edu
> >>
> >> To subscribe or unsubscribe via the World Wide Web, visit
> >>
> >>
> >> https://calmail.berkeley.edu/manage/list/listinfo/video...@lists.berk
> >> eley.ed
> >> u
> >>
> >> or, via email, send a message with subject or body 'help' to
> >>         videolib-requ...@lists.berkeley.edu
> >>
> >> You can reach the person managing the list at
> >>         videolib-ow...@lists.berkeley.edu
> >>
> >> When replying, please edit your Subject line so it is more specific
> >> than
> >> "Re: Contents of videolib digest..."
> >>
> >>
> >> Today's Topics:
> >>
> >>    1. Multi-year lease for streaming films (Laura Jenemann)
> >>    2. Re: Multi-year lease for streaming films (Jessica Rosner)
> >>    3. Re: Multi-year lease for streaming films (Laura Jenemann)
> >>    4. PPR for Waking Life (Sharon A. Finnerty)
> >>
> >>
> >> ---------------------------------------------------------------------
> >> -
> >>
> >> Message: 1
> >> Date: Mon, 3 Feb 2014 16:49:26 +0000
> >> From: Laura Jenemann <ljene...@gmu.edu>
> >> Subject: [Videolib] Multi-year lease for streaming films
> >> To: "videolib@lists.berkeley.edu" <videolib@lists.berkeley.edu>
> >> Message-ID:
> >>
> >> <9deca6874c46451aa72288a900e8c...@bn1pr05mb472.namprd05.prod.outlook.
> >> com>
> >>
> >> Content-Type: text/plain; charset="us-ascii"
> >>
> >> Dear videolibbers, and especially academic librarians with distance
> >> education programs,
> >>
> >> How do you address the faculty request for a streaming film that is
> >> only available on a multi-year leasing basis with PPR?
> >>
> >> Please feel free to contact me off list with your response or links
> >> to collection development policies.
> >>
> >> Thank you so much for your responses.
> >>
> >> Regards,
> >>
> >> Laura
> >>
> >> Laura Jenemann
> >> Film Studies/Media Services Librarian George Mason University
> >> 703-993-7593
> >> ljene...@gmu.edu
> >>
> >> -------------- next part -------------- An HTML attachment scrubbed
> >> and removed.
> >> HTML attachments are only available in MIME digests.
> >>
> >> ------------------------------
> >>
> >> Message: 2
> >> Date: Mon, 3 Feb 2014 12:11:13 -0500
> >> From: Jessica Rosner <maddux2...@gmail.com>
> >> Subject: Re: [Videolib] Multi-year lease for streaming films
> >> To: videolib@lists.berkeley.edu
> >> Message-ID:
> >>         <
> >> cacre6m-q+uhatjcubppowr1bfqxjgoi9q2xuzpjj-1pbljz...@mail.gmail.com>
> >> Content-Type: text/plain; charset="iso-8859-1"
> >>
> >> Have you contacted the rights holder/distributor to see if they can
> >> do a license for a semester or whatever length you need? I would
> >> think most would be flexible.  Or do you mean that the film is only
> >> sold with PPR rights and NOT streaming rights? These are two very
> >> distinct rights and it is very possible that a company that sells
> >> only PPR rights does not own streaming rights.
> >>
> >> Again not clear on if you can only get PPR rights and need streaming
> >> but in general streaming rights are easier to obtain for short terms
> >> since most major rights holders limit streaming to a year in the case
> >> of studios.
> >>
> >> You also have the issue of nearly constant rights changes. I know
> >> this has been my personal crusade but I still caution when buying
> >> fiction feature films with lifetime rights from anyone other than the
> >> filmmaker or production company as I know of no company willing to
> >> license these for lifetime streaming.
> >>
> >> Regards
> >>
> >> Jessica
> >>
> >>
> >>
> >>
> >> On Mon, Feb 3, 2014 at 11:49 AM, Laura Jenemann <ljene...@gmu.edu>
> wrote:
> >>
> >> >  Dear videolibbers, and especially academic librarians with
> >> > distance education programs,
> >> >
> >> >
> >> >
> >> > How do you address the faculty request for a streaming film that is
> >> > only available on a multi-year leasing basis with PPR?
> >> >
> >> >
> >> >
> >> > Please feel free to contact me off list with your response or links
> >> > to collection development policies.
> >> >
> >> >
> >> >
> >> > Thank you so much for your responses.
> >> >
> >> >
> >> >
> >> > Regards,
> >> >
> >> >
> >> >
> >> > Laura
> >> >
> >> >
> >> >
> >> > Laura Jenemann
> >> >
> >> > Film Studies/Media Services Librarian
> >> >
> >> > George Mason University
> >> >
> >> > 703-993-7593
> >> >
> >> > ljene...@gmu.edu
> >> >
> >> >
> >> >
> >> > 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.
> >> >
> >> >
> >> -------------- next part -------------- An HTML attachment scrubbed
> >> and removed.
> >> HTML attachments are only available in MIME digests.
> >>
> >> ------------------------------
> >>
> >> Message: 3
> >> Date: Mon, 3 Feb 2014 17:27:14 +0000
> >> From: Laura Jenemann <ljene...@gmu.edu>
> >> Subject: Re: [Videolib] Multi-year lease for streaming films
> >> To: "videolib@lists.berkeley.edu" <videolib@lists.berkeley.edu>
> >> Message-ID:
> >>
> >> <9528e00472de4f4faa2c4e26566ed...@bn1pr05mb472.namprd05.prod.outlook.
> >> com>
> >>
> >> Content-Type: text/plain; charset="us-ascii"
> >>
> >> Thanks, Jessica, for helping me to clarify.  All of the issues you
> >> mention are topics for consideration.
> >>
> >> My question is more of a general one: How are libraries dealing with
> >> this new model, and are they expressing policies publicly?
> >>
> >> Regards,
> >>
> >> Laura
> >>
> >> From: videolib-boun...@lists.berkeley.edu
> >> [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica
> >> Rosner
> >> Sent: Monday, February 03, 2014 12:11 PM
> >> To: videolib@lists.berkeley.edu
> >> Subject: Re: [Videolib] Multi-year lease for streaming films
> >>
> >> Have you contacted the rights holder/distributor to see if they can
> >> do a license for a semester or whatever length you need? I would
> >> think most would be flexible.  Or do you mean that the film is only
> >> sold with PPR rights and NOT streaming rights? These are two very
> >> distinct rights and it is very possible that a company that sells
> >> only PPR rights does not own streaming rights.
> >> Again not clear on if you can only get PPR rights and need streaming
> >> but in general streaming rights are easier to obtain for short terms
> >> since most major rights holders limit streaming to a year in the case
> >> of studios.
> >> You also have the issue of nearly constant rights changes. I know
> >> this has been my personal crusade but I still caution when buying
> >> fiction feature films with lifetime rights from anyone other than the
> >> filmmaker or production company as I know of no company willing to
> >> license these for lifetime streaming.
> >> Regards
> >>
> >> Jessica
> >>
> >>
> >>
> >> On Mon, Feb 3, 2014 at 11:49 AM, Laura Jenemann
> >> <ljene...@gmu.edu<mailto:ljene...@gmu.edu>> wrote:
> >> Dear videolibbers, and especially academic librarians with distance
> >> education programs,
> >>
> >> How do you address the faculty request for a streaming film that is
> >> only available on a multi-year leasing basis with PPR?
> >>
> >> Please feel free to contact me off list with your response or links
> >> to collection development policies.
> >>
> >> Thank you so much for your responses.
> >>
> >> Regards,
> >>
> >> Laura
> >>
> >> Laura Jenemann
> >> Film Studies/Media Services Librarian George Mason University
> >> 703-993-7593<tel:703-993-7593>
> >> ljene...@gmu.edu<mailto:ljene...@gmu.edu>
> >>
> >>
> >> 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.
> >>
> >> -------------- next part -------------- An HTML attachment scrubbed
> >> and removed.
> >> HTML attachments are only available in MIME digests.
> >>
> >> ------------------------------
> >>
> >> Message: 4
> >> Date: Mon, 3 Feb 2014 17:46:25 +0000
> >> From: "Sharon A. Finnerty" <sharon.finne...@scranton.edu>
> >> Subject: [Videolib] PPR for Waking Life
> >> To: "videolib@lists.berkeley.edu" <videolib@lists.berkeley.edu>
> >> Message-ID:
> >>
> >> <b601ad91f85e4254b6d3a696526f8...@bl2pr03mb338.namprd03.prod.outlook.
> >> com>
> >>
> >> Content-Type: text/plain; charset="us-ascii"
> >>
> >> Hi All,
> >> Does anyone know who has PPR for the 2001 film Waking Life.  Fox
> >> Searchlight is the distributor.  Swank and Criterion don't have it.
> >> Thanks,
> >> Sharon
> >>
> >> Sharon Finnerty
> >> Media Resources Coordinator
> >> Weinberg Memorial Library
> >> The University of Scranton
> >> Scranton, PA 18510
> >> sharon.finne...@scranton.edu<mailto:sharon.finne...@scranton.edu>
> >> Phone (570) 941-6330
> >>
> >>
> >> -------------- next part -------------- An HTML attachment scrubbed
> >> and removed.
> >> HTML attachments are only available in MIME digests.
> >>
> >> End of videolib Digest, Vol 75, Issue 2
> >> ***************************************
> >>
> >>
> >> 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.
> >>
> >
> >
> -------------- next part --------------
> An HTML attachment scrubbed and removed.
> HTML attachments are only available in MIME digests.
>
> End of videolib Digest, Vol 75, Issue 5
> ***************************************
>
>
> 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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