Hi Bob and all, Yes, exactly: the classroom is a public space, i.e, playing a film there would be considered a public performance.
Sec. 110(1) is the "but." If all of the factors in Sec. 110(1) apply to the public performance, you can exercise the exemption it allows. Relatedly, even when the scenario is a public performance, the streaming-personal-license-only access model changes or may change how we can hold a community dialogue that amazing film inspires. The rhetorical question I ask myself is, Could I plan a community event around a streaming-personal-license-only film and market it as a "dialogue about this really important streaming film that we can't show you because we can't buy the rights even if we wanted?" I'm joking somewhat, but there are some awesome films and videos out there that I wish were more accessible. Regards, Laura Laura Jenemann Media, Film Studies & Dance Librarian George Mason University Libraries Email: [email protected]<mailto:[email protected]> Phone: 703-993-7593 From: [email protected] [mailto:[email protected]] On Behalf Of Bob Norris Sent: Monday, October 17, 2016 9:10 AM To: [email protected] Subject: Re: [Videolib] Amazon Prime 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, [email protected]<mailto:[email protected]> wrote: 1. Re: Amazon Prime (Dennis Doros) From: Dennis Doros <[email protected]<mailto:[email protected]>> Date: October 14, 2016 6:18:04 PM CDT To: Video Library questions <[email protected]<mailto:[email protected]>> Subject: Re: [Videolib] Amazon Prime Reply-To: [email protected]<mailto:[email protected]> "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 <[email protected]<mailto:[email protected]>> 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<tel:%28301%29%20405-9227> [email protected]<mailto:[email protected]> On Fri, Oct 14, 2016 at 3:27 PM, Jodie Borgerding <[email protected]<mailto:[email protected]>> 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. :) 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<tel:%28314%29%20246-7819> [email protected]<mailto:[email protected]> http://library.webster.edu<http://library.webster.edu/> http://molib.org<http://molib.org/> From: [email protected]<mailto:[email protected]> [mailto:[email protected]<mailto:[email protected]>] On Behalf Of Karsten, Eileen Sent: Friday, October 14, 2016 9:44 AM To: Videolib ([email protected]<mailto:[email protected]>) <[email protected]<mailto:[email protected]>> 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<tel:847-735-5066> [email protected]<mailto:[email protected]> 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<tel:%28301%29%20405-9227> [email protected]<mailto:[email protected]> 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<tel:%28301%29%20405-9227> [email protected]<mailto:[email protected]> 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.
