Like I said I don't see a problem with a student on vacation in Spain and I am going to assume there was no mention of allowing streaming outside the US in your license so I don't see a problem for you. However I expect that from now on restrictions on access outside will be part of licenses. As I would with rights in perpetuity I would be careful about rights outside the US and whether the distributor or party you are dealing with owns them. If they don't your allowing a student outside the US to access does in fact violate their contract their contract and in THEORY the rights holder can order you to stop. Again I don't think any rights holder will care about regular students who just happen to be out of the country but they will care about any systematic use of material outside the US.
On Thu, Feb 20, 2014 at 10:10 PM, Ball, James (jmb4aw) < jmb...@eservices.virginia.edu> wrote: > 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 > mattb...@virginia.edu | 434-924-3812 > > ------------------------------ > *From:* videolib-boun...@lists.berkeley.edu [ > videolib-boun...@lists.berkeley.edu] on behalf of Jessica Rosner [ > maddux2...@gmail.com] > *Sent:* Thursday, February 20, 2014 9:53 PM > *To:* videolib@lists.berkeley.edu > > *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) < > jmb...@eservices.virginia.edu> 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 >> mattb...@virginia.edu >> 434-924-3812 >> >> On Feb 20, 2014, at 5:32 PM, "Jessica Rosner" <maddux2...@gmail.com> >> 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 <dcorc...@ncsu.edu> 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 >>> >>> dcorc...@ncsu.edu >>> >>> >>> >>> On Wed, Feb 19, 2014 at 12:35 PM, Jodi Hoover <hoov...@umbc.edu> 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 >>>> Email: hoov...@umbc.edu >>>> >>>> >>>> >>>> >>>>> Message: 3 >>>>> Date: Wed, 19 Feb 2014 10:44:36 -0500 >>>>> From: Nellie J Chenault <njche...@vcu.edu> >>>>> Subject: Re: [Videolib] Standard DVD/Streaming/PPR Agreements used by >>>>> University Libraries >>>>> To: videolib@lists.berkeley.edu >>>>> Message-ID: >>>>> <CAOG_sSxqDZFBoLk02QauJmutuqgcKPhw= >>>>> grb0h1zqqmgnjj...@mail.gmail.com> >>>>> Content-Type: text/plain; charset="iso-8859-1" >>>>> >>>>> Is this for DVD or online licensing? >>>>> On Feb 19, 2014 10:32 AM, "Jodi Hoover" <hoov...@umbc.edu> 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 >>>>> > Fax: 410.455.1078 >>>>> > Email: hoov...@umbc.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. >>>> >>>> >>> >>> 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.
