I hate to be the tap water at a champagne party, but as it has been
discussed here previously, this case probably doesn't have to do with the
classroom exemption laws -- it has to do with contractual law. Once you hit
that "agree" or "buy" button, you've signed an electronic contract with
Amazon. Now, if they don't have anything that you've agreed to signing up
for Prime or in their individual purchase/rental agreements, then that's a
different story.


Best regards,
Dennis Doros
Milestone Film & Video
PO Box 128 / Harrington Park, NJ 07640
Phone: 201-767-3117 / Fax: 201-767-3035 / Email: milefi...@gmail.com
www.milestone.film


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On Fri, Oct 14, 2016 at 3:51 PM, Andrew Horbal <ahor...@umd.edu> wrote:

> So, to be clear, based on the available facts, I think it *would* be
> permissible for this professor to show *Transparent *to his or her class.
>
> Andy
>
> On Fri, Oct 14, 2016 at 3:49 PM, Andrew Horbal <ahor...@umd.edu> wrote:
>
>> Hi all,
>>
>> The exemption which fits this scenario most closely is 17 USC 110(1)
>> <https://www.law.cornell.edu/uscode/text/17/110>, the classroom
>> screening exemption, not 17 USC 107 fair use. The question is, I think,
>> whether or not Lake Forest College agreed to not engage in behavior
>> permitted by this exemption when they agreed to Amazon Prime Business's
>> "license to digital content." In my own personal (read: I am not a lawyer,
>> so please do not construe this as legal advice; if you want legal advice,
>> please consult an attorney!) opinion, a classroom setting whereby the only
>> people present are the professor and the students in the class is more
>> similar to a "private viewing for you and your invitees" (which is
>> allowed by the license) than a "public presentation" (which is not).
>>
>> I will be curious to see who agrees with this interpretation and who
>> disagrees, and why!
>>
>> Andy Horbal
>>
>> Head of Learning Commons
>>
>> 1101 McKeldin Library
>>
>> 7649 Library Ln.
>>
>> University of Maryland
>>
>> College Park, MD 20742
>>
>> (301) 405-9227
>>
>> ahor...@umd.edu
>>
>> On Fri, Oct 14, 2016 at 3:27 PM, Jodie Borgerding <jborgerding80@webster.
>> edu> wrote:
>>
>>> I would be interested in hearing more about this. My initial reaction is
>>> that as long as it is in a classroom setting, fair use would still apply.
>>> However, I don’t feel confident in my fair use/copyright knowledge to make
>>> that call. J
>>>
>>>
>>>
>>> Jodie
>>>
>>>
>>>
>>> ________________________________________
>>>
>>>
>>>
>>> Jodie Borgerding, MLS
>>>
>>> Instruction and Liaison Librarian
>>>
>>> Missouri Library Association President
>>>
>>> Webster University Library
>>>
>>> 470 E. Lockwood
>>>
>>> St. Louis, MO  63119
>>>
>>> (314) 246-7819
>>>
>>> jborgerdin...@webster.edu
>>>
>>> http://library.webster.edu
>>>
>>> http://molib.org
>>>
>>>
>>>
>>> *From:* videolib-boun...@lists.berkeley.edu [mailto:
>>> videolib-boun...@lists.berkeley.edu] *On Behalf Of *Karsten, Eileen
>>> *Sent:* Friday, October 14, 2016 9:44 AM
>>> *To:* Videolib (videolib@lists.berkeley.edu) <
>>> videolib@lists.berkeley.edu>
>>> *Subject:* [Videolib] Amazon Prime
>>>
>>>
>>>
>>> Dear CW,
>>>
>>>
>>>
>>> Has anyone an Amazon Prime Business Account?  Have you used it to allow
>>> faculty to view Amazon Video?  We have a faculty member who wants us to get
>>> an account so that he can view *Transparent* for a class.  If it is
>>> applicable, he wants to show it to his students.  On Amazon, everything
>>> related to an Amazon Prime Business account talks about free shipping and
>>> being able to share that with others in your business.  It does not mention
>>> Amazon Video, Amazon Music, etc.    Under Amazon Video, the following is
>>> stated:
>>>
>>>
>>>
>>> *d. License to Digital Content*. Subject to payment of any applicable
>>> fees to rent, purchase, or access Digital Content, and your compliance with
>>> all terms of this Agreement, Amazon grants you a personal, non-exclusive,
>>> non-transferable, non-sublicensable, license, during the applicable Viewing
>>> Period, to access, view, use and display the Digital Content in accordance
>>> with the Usage Rules, for Non-Commercial, Private Use. "Non-Commercial,
>>> Private Use" means a presentation of Digital Content for which no fee or
>>> consideration of any kind (other than that which you pay to us to view the
>>> Digital Content) is charged or received, which takes place in your private
>>> home or apartment or, if outside your private home or apartment (e.g., in a
>>> hotel room, dorm room, office, or airport waiting lounge) is limited to a
>>> private viewing for you and your invitees. Non-Commercial, Private Use
>>> specifically excludes any public presentation (e.g., a presentation in a
>>> dorm lounge) and any presentation by a place of public accommodation or
>>> other commercial establishment (e.g., a bar or restaurant), even if no fee
>>> is charged for viewing the Digital Content. To simplify your viewing and
>>> management of Digital Content that has a limited Viewing Period (such as
>>> Rental Digital Content and Subscription Digital Content), we may
>>> automatically remove that Digital Content from your Compatible Device after
>>> the end of its Viewing Period, and you consent to such automatic removal.
>>>
>>>
>>>
>>> Does the educational exemption apply to showing it in a classroom apply
>>> to Amazon Prime?  For whatever reason, *Transparent* has not been
>>> released on DVD.
>>>
>>>
>>>
>>> Thank you for any help you can provide on this subject.
>>>
>>>
>>>
>>> Eileen Karsten
>>>
>>> Head of Technical Services
>>>
>>> Donnelley and Lee Library
>>>
>>> Lake Forest College
>>>
>>> 555 N. Sheridan Road
>>>
>>> Lake Forest, IL 60045
>>>
>>> 847-735-5066
>>>
>>> kars...@lakeforest.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.
>>>
>>
>
>
> --
> Andrew Horbal
>
> Head of Learning Commons
>
> 1101 McKeldin Library
>
> 7649 Library Ln.
>
> University of Maryland
>
> College Park, MD 20742
>
> (301) 405-9227
>
> ahor...@umd.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.

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