The trouble is that the case was very poorly designed to test the question of whether streaming can be fair use. True, the judge gave an opinion, but the grounds for dismissal actually had to do with the fact that AIME should not have been the plaintiff and the UCLA Board of Trustees should not have been named as the defendant. So the case can't be appealed and discussed in higher courts. To get a really good case, you would need a suit by all the members of AIME or by another big rightsholder, preferably against a non-state institution (so that the issue of sovereign immunity did not come up). http://blogs.library.duke.edu/scholcomm/2012/11/26/another-fair-use-victory-for-libraries/
The Georgia State case re. print media put on reserve was much better drawn up, where the publishers sued a state school but named defendants correctly, so that decision is more interesting. According to Georgia State, Ambrose might have won a suit against UCLA, because UCLA was streaming entire works which Ambrose was quite ready to license for streaming (thus tipping the amount-of-whole and effect-on-market-value factors strongly in Ambrose's favor). In the actual Georgia State case, the amounts were smaller and there was not always a quick and easy way to license them. Judy Shoaf From: [email protected] [mailto:[email protected]] On Behalf Of Jo Ann Reynolds Sent: Tuesday, February 18, 2014 11:48 AM To: [email protected] Subject: [Videolib] UCLA - AIME case opinions Haven't heard anything lately about this case. Someone just forwarded me this link indicating a second lawsuit was dismissed with prejudice. http://www.techdirt.com/articles/20121121/07085221111/case-against-ucla-streaming-licensed-dvds-to-students-dismissed-yet-again.shtml Curious to know if more folks are following UCLA's lead? Hoping for stimulating/enlightening but not acrimonious discussion. Thanks. Jo Ann Jo Ann Reynolds Reserve Services Coordinator University of Connecticut Homer Babbidge Library 369 Fairfield Road, Unit 1005RR Storrs, CT 06269-1005 860-486-1406 voice 860-486-0584 fax
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.
