Farhad

No, you are correct.

The AIME v UCLA case was dismissed based on UCLA's sovereign immunity from
being sued, and AIME's lack of standing (AIME did not hold the copyright).
 Unfortunately, the judge hearing the case did not stop there and muddied
the waters with points about UCLA having acquired PPR for the titles in
question, and other points.  The the case was NOT decided based on merits.

Some have (incorrectly, in my opinion) interpreted the case as being a
victory for libraries and essentially permitting digitization.  But long
story short, there has been no case law established on either side of the
issue of libraries digitizing without permission.

SOME libraries are applying a fair-use argument for digitizing legally
acquired content for course reserve, bolstered in part by the ruling in
the Georgia State University case.

Jane Hutchison and my research on the status of streaming video in
academic libraries (to be presented at the National Media Market in
November, and published in Against the Grain about the same time) includes
some data on the extent of libraries digitizing from hard copies in their
collections.

-deg farrelly

deg farrelly
ShareStream Administrator/Media Librarian
Arizona State University Libraries
Tempe, AZ  85287-1006
602.332.3103



On 9/29/14 11:36 AM, "[email protected]"
<[email protected]> wrote:

>
>It is my understanding that according to the copyright law, you?re not
>allowed to change the format of audiovisual materials without permission.
>The famous case of Berkeley vs. Ambrose Video was dismissed due to
>technicalities and Berkeley being a state institution. It was not
>dismissed based on copyright law. Am I wrong on this?
>
>Farhad Moshiri, MLS


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