Dear All, I’d also like to add that from a distributor’s perspective, we license “personal” streaming rights to Netflix and our contract specifically excludes educational/institutional streaming. This applies with all of our third-party streaming partners, from GaiamTV to Vudu. Hoopla, Overdrive, Kanopy and Alexander Street Press are granted specific rights for streaming to institutions. I’ll also add that any title in the Kino Lorber Edu catalog can be streamed from our Cinedu.com platform for $100 per semester or $200 per academic year with no initial set-up fees. You can license an individual title or a collection. Learn more here: www.cinedu.com.
Best, Elizabeth Elizabeth Sheldon Senior Vice President Kino Lorber, Inc. 333 W. 39th St., Suite 503 New York, NY 10018 (212) 629-6880 www.kinolorber.com alivemindcinema.com www.kinolorberedu.com On Jan 28, 2015, at 12:14 PM, Moshiri, Farhad <[email protected]> wrote: Dear Kim, Your Scholarly Communications Librarian is right. Terms of service of these streaming companies say the subscription is for PERSONAL use only. The contract law (one's subscription is a contract) trumps 110. Our faculty ask me all the time what is the difference between bringing their own personal DVD from home or borrowing it from Blockbuster (if it still exists) and show it class with accessing their online subscription to Netflix or other services in class. The answer is purchasing a DVD (or borrowing it) falls under the Sales doctrine law and accessing streaming video falls under the contract law. In streaming subscription you're not purchasing anything. You're paying for a service and you're bonded with its terms of service. Farhad Moshiri, MLS Post-Masters Advanced Study Certificate Audiovisual Librarian Subject areas: Music, Dance, Copyright issues, Middle Eastern Studies University of the Incarnate Word J.E. & L.E. Mabee Library 4301 Broadway – CPO 297 San Antonio, TX 78209 (210) 829-3842 From: [email protected] [[email protected]] On Behalf Of Threatt, Monique Louise [[email protected]] Sent: Wednesday, January 28, 2015 10:56 AM To: [email protected] Subject: Re: [Videolib] Netflix Streaming and Face-to-Face Hiya Kim, This is a very good topic. I’d be interested to see where this discussion leads to, because I have concerns about what do when an instructor wants to use a film for class that is not commercially available on DVD, but only available via Amazon stream, NetFlix, or iTunes. The streaming world continues to amaze me. Best, Mo From: [email protected] [mailto:[email protected]] On Behalf Of Stanton, Kim Sent: Wednesday, January 28, 2015 11:35 AM To: [email protected] Subject: [Videolib] Netflix Streaming and Face-to-Face Hi all, Is there any consensus on the legality of faculty using their own person Netflix Streaming account in a face to face classroom situation. I have always assumed it was fine. Access was legally acquired and would fall under 110(1). Another support department on my campus is saying, no, it’s not legal because Netflix’s terms of service trump 110. They are coming to this conclusion based on advice from an inhouse article <http://www.library.unt.edu/news/may-one-stream-netflix-video-class-use> written by our Scholarly Communications Librarian. I never saw eye to eye with this librarian on media related copyright issues, his interpretations do not necessarily reflect those of the campus legal office AND he recently left the university. So I’m trying to find something else solid that addresses this issue. I flipped back through Ciara Healy’s Library Trends article, but it doesn’t seem to address the copyright issue. Can anyone point me to something? Thanks! Kim Kim Stanton Head, Media Library University of North Texas [email protected] <mailto:[email protected]> P:(940) 565-4832 This email and any files transmitted with it may be confidential or contain privileged information and are intended solely for the use of the individual or entity to which they are addressed. If you are not the intended recipient, please be advised that you have received this email in error and that any use, dissemination, forwarding, printing, or copying of this email and any attachments is strictly prohibited. If you have received this email in error, please immediately delete the email and any attachments from your system and notify the sender. Any other use of this e-mail is prohibited. Thank you for your compliance. 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.
