Well, using the I'm not a lawyer just thinking logically approach, a professor 
and the students seems more similar to a public performance than a private 
viewing. Profs may have an affinity for their students but the students are not 
the prof's friends. It is rare that a prof would invite students into their 
home or hotel room, hopefully. However, when you have a public performance it 
is often people with something in common that have an affinity for one another 
but are not friends. It is not "Personal," which is the only right Amazon is 
granting. 

My 2 cents,
Bob

On Oct 15, 2016, at 2:27 PM, videolib-requ...@lists.berkeley.edu wrote:
> 
> 
>   1. Re: Amazon Prime (Dennis Doros)
> 
> From: Dennis Doros <milefi...@gmail.com>
> Date: October 14, 2016 6:18:04 PM CDT
> To: Video Library questions <videolib@lists.berkeley.edu>
> Subject: Re: [Videolib] Amazon Prime
> Reply-To: videolib@lists.berkeley.edu
> 
> 
> "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."
> 
> does make it seem like a classroom would not be permissible, but I agree it's 
> ambiguous.
> 
> Best regards,
> Dennis Doros
> Milestone Film & VideoOn Fri, Oct 14, 2016 at 3:49 PM, Andrew Horbal 
> <ahor...@umd.edu> wrote:
> Hi all,
> " 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 <jborgerdin...@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.
> 
> 
> 
> 
> -- 
> 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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