This discussion is very interesting.  I work with acquisitions, licensing, 
& copyright in an academic library, and I have always interpreted 
"personal" as being a family/friends/individual situation.  I think 
fairness dictates that any organization or company activity - even if 
limited in number of attendees - would no longer qualify as personal.  I 
believe that is why the copyright exemption for classroom use exists. 
There would be no need for it otherwise.

It's been my understanding as well that license always trumps copyright, 
because you are agreeing to something contractual in nature. 

I appreciate the discussions that happen on this listserv.  It's great to 
have an opportunity for professionals of different fields to collaborate 
on these issues and to share their experience, insights, and expertise. 

Katie Aldrich
 




From:   Bob Norris <b...@filmideas.com>
To:     videolib@lists.berkeley.edu
Date:   10/17/2016 08:15 AM
Subject:        Re: [Videolib] Amazon Prime
Sent by:        videolib-boun...@lists.berkeley.edu



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.



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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