Except as Dennis pointed out a contract trumps or supersedes 110 which is why you can't use Netflx etc in a classroom.
I have mixed feelings, as someone who has worked with both librarians and filmmakers for decades as well as total film geek it is deeply troubling that there are increasing cases where no physical copy can be obtained or used or even in some cases a streaming copy, however I confess that a system that allows distributors and filmmakers control of their work has an appeal after watching so much questionable theories and practise of streaming and copying works without permission because it is for "educational use". In the bad old days it was both very expensive and very difficult to use films in mainly 16mm( though personally I LOVE real film) for classes, now it is easy to find a pirate link or stream an old VHS, I wish there was a middle ground but I have been seeing it evaporate in the last decade. So again while the Amazon. Netflix streaming only available to individuals is downright awful for archiving, libraries and educational use in general, I confess I find it not as appalling as I probably would have under other circumstances. For now it is mainly feature films, made for internet and other cable tv programming but I would not be surprised to see this model ( streaming only by contract with no physical copies) become more common in educational media. Jessica On Mon, Oct 17, 2016 at 9:55 AM, Laura Jenemann <ljene...@gmu.edu> wrote: > 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: ljene...@gmu.edu > > Phone: 703-993-7593 > > > > *From:* videolib-boun...@lists.berkeley.edu [mailto:videolib-bounces@ > lists.berkeley.edu] *On Behalf Of *Bob Norris > *Sent:* Monday, October 17, 2016 9:10 AM > *To:* videolib@lists.berkeley.edu > > *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, 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-bounces@ > 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. > > -- Jessica Rosner Media Consultant 224-545-3897 (cell) 212-627-1785 (land line) 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.
