Yes but, the distributor that I buy rights from isn't selling rights outside 
the U.S.  And a person in Spain who registers and pays for a UVa course is a 
legitimate UVa student, right?  So they would be able to have access to our 
licensed streaming titles just like they would to our licensed databases.

M-

________________________________________

Matt Ball
Media and Collections Librarian
University of Virginia
Charlottesville, VA  22904
[email protected]<mailto:[email protected]> | 434-924-3812

________________________________
From: [email protected] [[email protected]] 
on behalf of Jessica Rosner [[email protected]]
Sent: Thursday, February 20, 2014 9:53 PM
To: [email protected]
Subject: Re: [Videolib] Standard DVD/Streaming/PPR Agreements used by 
University Libraries

I am afraid it is not that simple James depending on the material. I come from 
the mindset of more less feature type materials so I can't really speak for 
media made specifically or even largely for institutional use. Most contracts 
limit distribution of a film to a particular "territory" and thus most 
distributors are only allowed to sell/license in those physical territories.If 
they agreed to allow persons outside the US to access the material they would 
likely be in breach of contract. Even when you are dealing directly with the 
rights holder they may have SOLD those rights for outside the US and they would 
ironically be violating their contract to allow a student in Spain to access 
the material. That said I don't think anyone really worries or cares about a 
student on vacation accessing a film for a course. The big fear/problem is the 
idea of schools doing online courses with students outside the country, 
students who basically have no connection to the schools beyond the online 
courses. Allowing them access would almost surely violate most contracts for 
distributors and most rights holders would be unwilling to agree to sell such 
rights even if they could. Now it is not all that gloomy. I think one can get a 
license that rights holders at least would agree do and distributors could 
probably get rights holders to allow them to license but it would have to be 
VERY specific to avoid both violating any deals rights holders make with 
overseas distributors and from the rights holders point of view giving away too 
much. Some rights holders are more difficult than others and it goes without 
saying that almost no standard theatrical films could be covered because those 
rights holders are REALLY difficult.

Fun stuff


On Thu, Feb 20, 2014 at 6:22 PM, Ball, James (jmb4aw) 
<[email protected]<mailto:[email protected]>> wrote:
Jessica,

Can you explain what the issue is with people being overseas?  For example, if 
I'm a registered student and I'm spending spring break in Barcelona, shouldn't 
I still be able to view licensed streaming content once I've authenticated past 
the firewall?

Matt

______________________________
Matt Ball
Media and Collections Librarian
Clemons Library
University of Virginia
[email protected]<mailto:[email protected]>
434-924-3812<tel:434-924-3812>

On Feb 20, 2014, at 5:32 PM, "Jessica Rosner" 
<[email protected]<mailto:[email protected]>> wrote:

Well I can see a few problems that would prevent any directors I work with from 
using this. One is what exactly do you mean by patrons? I make sure licenses 
are limited to enrolled students and current faculty and staff. Also as the 
issue of use by persons overseas has come up I  now have added that the 
streaming must be within in the US. Keep in mind it would very unusual though 
not impossible for companies to own rights outside the US and they could get in 
a lot of trouble for authorizing this.

The last issue and I know I am beating a dead horse but I would be very careful 
about accepting a license for perpetuity because as a rule most companies won't 
own those rights, most contracts are on a limited term for distributors. I 
think increasingly they are getting these rights from filmmakers on non fiction 
material but it is not the norm. Bottom line if I were purchasing such rights I 
would make sure the contract explicitly states that seller has the right the 
SPECIFIC right to sell streaming in perpetuity from the actual rights holder 
(which is rarely the distributor) as someone could come along later and say 
they did not and you would have to give it  back. Again I think the ability to 
buy rights in perpetuity will become more common but not the norm for non 
fiction /educational material, but I think it will very unlikely with films 
that play theatrically


On Thu, Feb 20, 2014 at 5:03 PM, Darby Orcutt 
<[email protected]<mailto:[email protected]>> wrote:
Jodi,
     For streaming, I developed and use this: "A license for unlimited, 
protected by authentication, streaming in perpetuity to all registered staff, 
faculty, students, and patrons at North Carolina State University."
     There's some brief context for this in my piece from a few years ago, 
"Mainstreaming Media: Innovating Media Collections at the NCSU Libraries," 
available at:
http://docs.lib.purdue.edu/cgi/viewcontent.cgi?article=1217&context=charleston
     I'd be happy to discuss further if you or anyone would like.
Best,
Darby

Darby Orcutt
Assistant Head
Collection Management Department
North Carolina State University Libraries
Box 7111
Raleigh, NC  27695-7111
919/ 513-0364<tel:919%2F%20513-0364>
[email protected]<mailto:[email protected]>



On Wed, Feb 19, 2014 at 12:35 PM, Jodi Hoover 
<[email protected]<mailto:[email protected]>> wrote:
Hi Nellie-

My current issue is with a DVD purchase but we will eventually purchase 
streaming content so I'm interested in both.

Jodi

Jodi Hoover
Digital Media Librarian
Albin O. Kuhn Library
UMBC
1000 Hilltop Circle
Baltimore, MD 21250
Phone: 410.455.2964
Fax: 410.455.1078<tel:410.455.1078>
Email: [email protected]<mailto:[email protected]>




Message: 3
Date: Wed, 19 Feb 2014 10:44:36 -0500
From: Nellie J Chenault <[email protected]<mailto:[email protected]>>
Subject: Re: [Videolib] Standard DVD/Streaming/PPR Agreements used by
        University Libraries
To: [email protected]<mailto:[email protected]>
Message-ID:
        
<CAOG_sSxqDZFBoLk02QauJmutuqgcKPhw=grb0h1zqqmgnjj...@mail.gmail.com<mailto:[email protected]>>
Content-Type: text/plain; charset="iso-8859-1"

Is this for DVD or online licensing?
On Feb 19, 2014 10:32 AM, "Jodi Hoover" 
<[email protected]<mailto:[email protected]>> wrote:

> Hello all-
>
> I poked around on the archive a bit but didn't see what I was looking for
> so please forgive me if this has already been discussed.
>
> Lately I've gotten a couple of DVD licensing agreements in which the
> wording has been especially problematic for our institution.  Currently all
> of these documents have to go to our legal dept and the review process can
> take months.  I am hoping to find a way to streamline the process.  I am
> currently not in a position to directly negotiate with vendors but if the
> legal dept and the library could agree on standard language, I might be
> able to at least start the conversation with vendors before the license
> gets sent to limbo for months.
>
> Does anyone have a standard license or language that they use to negotiate
> with vendors?  If so would you be willing to share it?  You can send it to
> me off-list if you prefer.
>
> Thank you so much-
>
> Jodi
>
> Jodi Hoover
> Digital Media Librarian
> Albin O. Kuhn Library
> UMBC
> 1000 Hilltop Circle
> Baltimore, MD 21250
> Phone: 410.455.2964<tel:410.455.2964>
> Fax: 410.455.1078<tel:410.455.1078>
> Email: [email protected]<mailto:[email protected]>
>

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.


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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