Thanks Deg. I'm looking forward to read your research results. Take care.

Farhad

-----Original Message-----
From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Deg Farrelly
Sent: Monday, September 29, 2014 5:25 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Libraries that stream their own titles

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, "videolib-requ...@lists.berkeley.edu"
<videolib-requ...@lists.berkeley.edu> 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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