All,

110(4) is a great (and under-appreciated) bit of law, but why would it apply to 
audiovisual works when it doesn’t specifically mention them?  Are documentary 
films really both literary and audiovisual works?

Eric Harbeson

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner
Sent: Tuesday, June 07, 2016 7:25 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Nonprofit exemption

My problem with things like this and the you can stream any feature film 
released in theaters without permission/license claim/theory is that all  these 
"theories" some  from the same exact voices in the same echo chamber. IF 
institutions actually believed this was legal, then they should state so 
publically on their web sites and/or inform rights holders particularly major 
studios, foreign distributors etc in writing. The dirty little secret is that  
a lot of illegal streaming and showing does go on but rights holders are in the 
dark and have no way to legally challenge it. Now I don't actually expect a 
school to send a letter to Disney saying "We are streaming FANTASIA" to our 500 
intro to animation students and we don't believe we need to pay you or get your 
permission" but it would be interesting if they did and might actually result 
in  the kind of legal clarity people say they want.. What I would like is for 
there to be more balance in the voices,sources that the educational community 
solicits for opinions. Is it really that much to ask for the many, many 
webinars, seminars etc,  to invite a legal representive from a studio, 
filmmaker or similar to participate?

Jessica

On Tue, Jun 7, 2016 at 5:15 PM, Sarah E. McCleskey 
<sarah.e.mccles...@hofstra.edu<mailto:sarah.e.mccles...@hofstra.edu>> wrote:
I think it is worthy of investigation. This is not an endorsement or an 
indication that I would consider using the exemption without having much more 
information.

It benefits us all to have raised awareness of the law imho.


Sarah McCleskey
Head of Access Services
Hofstra University Library
sarah.e.mccles...@hofstra.edu<mailto:sarah.e.mccles...@hofstra.edu>


Sent from my iPhone

On Jun 7, 2016, at 1:13 PM, Dennis Doros 
<milefi...@gmail.com<mailto:milefi...@gmail.com>> wrote:
I'm agreeing with Andy and would like to point out...

"performance of a nondramatic literary or musical work otherwise than in a 
transmission to the public"

The use of "otherwise" makes me believe that "transmission" (usually meaning a 
by mechanical method -- ie. a projector or monitor) to the public is not 
permitted.


Best regards,
Dennis Doros
Milestone Film & Video
PO Box 128 / Harrington Park, NJ 07640
Phone: 201-767-3117<tel:201-767-3117> / Fax: 201-767-3035<tel:201-767-3035> / 
Email: milefi...@gmail.com<mailto:milefi...@gmail.com>
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On Tue, Jun 7, 2016 at 1:02 PM, Deg Farrelly 
<deg.farre...@asu.edu<mailto:deg.farre...@asu.edu>> wrote:
Attending the Kraemer Copyright Symposium in Colorado Springs.  (Kenneth Crewes 
and Kevin Smith making great presentations among others...)

At a session yesterday, delivered by IP lawyers, the notion of the non-profit 
exemption for use of non-literary and music works was raised.

Quite honestly, this is one exemption I don't recall hearing about before.  
Sarah McClesky commented similarly.

Worth looking into further....this may be an exemption that allows student 
groups and other campus activities to screen documentary works without securing 
public performance rights!

deg farrelly

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.



--
Jessica Rosner
Media Consultant
224-545-3897 (cell)
212-627-1785 (land line)
jessicapros...@gmail.com<mailto:jessicapros...@gmail.com>
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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