From the content provider side of things, I would concur that we perceive these as individual licenses and not educational. As a small non-profit distributor, Frameline sometimes acquires films for Educational rights only, which means that we can sell to institutions and libraries while another distributor (usually larger, and more monied) receives income on Amazon (even through a business account) or Netflix or similar platforms that are designed for direct-to-user rather than institutional distribution.
We do find that it is harder to make money in the educational market when a film is available on streaming platforms, such as with our title To Be Takei which has a different direct-to-user distributor, but hope that for professors and librarians working regularly with copyright and licensing issues, they are purchasing through the avenues, when readily available, that explicitly provide PPR and/or institutional licensing. Based solely on anecdotal evidence, I find that adjunct professors, new professors, and those who don’t check in with their university librarians often screen off streaming platforms, but hope this isn’t the case in a broader sense and appreciate all the great input on this listserv. Alexis Whitham DIRECTOR OF DISTRIBUTION & EDUCATIONAL PROGRAMMING Pronouns: she, her, & hers 145 9th Street, Suite 300 · SF, CA 94103 E [email protected] · P 415.703.8650 x305 Facebook <https://www.facebook.com/frameline/> · Twitter <https://twitter.com/framelinefest> · Instagram <https://www.instagram.com/framelinefest/> On 10/19/16, 12:29 PM, "[email protected] on behalf of [email protected]" <[email protected] on behalf of [email protected]> wrote: >Send videolib mailing list submissions to > [email protected] > >To subscribe or unsubscribe via the World Wide Web, visit > > https://calmail.berkeley.edu/manage/list/listinfo/[email protected] > >or, via email, send a message with subject or body 'help' to > [email protected] > >You can reach the person managing the list at > [email protected] > >When replying, please edit your Subject line so it is more specific >than "Re: Contents of videolib digest..." > > >Today's Topics: > > 1. Re: Amazon Prime (Katie Aldrich) > 2. Re: Amazon Prime (Sarah E. McCleskey) > > >---------------------------------------------------------------------- > >Message: 1 >Date: Wed, 19 Oct 2016 11:14:21 -0500 >From: Katie Aldrich <[email protected]> >Subject: Re: [Videolib] Amazon Prime >To: [email protected] >Message-ID: > <of5861c210.307766d3-on86258051.005800a1-86258051.00593...@ntc.edu> >Content-Type: text/plain; charset="utf-8" > >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 <[email protected]> >To: [email protected] >Date: 10/17/2016 08:15 AM >Subject: Re: [Videolib] Amazon Prime >Sent by: [email protected] > > > >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] wrote: > > > 1. Re: Amazon Prime (Dennis Doros) > >From: Dennis Doros <[email protected]> >Date: October 14, 2016 6:18:04 PM CDT >To: Video Library questions <[email protected]> >Subject: Re: [Videolib] Amazon Prime >Reply-To: [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]> 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 >[email protected] > >On Fri, Oct 14, 2016 at 3:27 PM, Jodie Borgerding < >[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. 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 >[email protected] >http://library.webster.edu >http://molib.org > >From: [email protected] [mailto: >[email protected]] On Behalf Of Karsten, Eileen >Sent: Friday, October 14, 2016 9:44 AM >To: Videolib ([email protected]) <[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 >[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 >[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 >[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. > > > >-------------- next part -------------- >An HTML attachment scrubbed and removed. >HTML attachments are only available in MIME digests. > >------------------------------ > >Message: 2 >Date: Wed, 19 Oct 2016 16:40:29 +0000 >From: "Sarah E. McCleskey" <[email protected]> >Subject: Re: [Videolib] Amazon Prime >To: "[email protected]" <[email protected]> >Message-ID: > > <sn1pr0601mb158196097af889fd6ed5db45b9...@sn1pr0601mb1581.namprd06.prod.outlook.com> > >Content-Type: text/plain; charset="utf-8" > >Hi all, > >I have asked both copyright experts who are speaking at National Media Market >to address this particular issue. It raises so many interesting points: >contract law, EULAs, Section 110(1), collecting physical content for the >future, acquiring content for now ? Eric Schwartz (Sunday evening) and >Jonathan Band (Monday morning) have both agreed to give us their perspectives. > >Sarah McCleskey >Board Chair >National Media Market ? a 501a nonprofit organization > > > >From: [email protected] >[mailto:[email protected]] On Behalf Of Katie Aldrich >Sent: Wednesday, October 19, 2016 12:14 PM >To: [email protected] >Subject: Re: [Videolib] Amazon Prime > >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 <[email protected]<mailto:[email protected]>> >To: [email protected]<mailto:[email protected]> >Date: 10/17/2016 08:15 AM >Subject: Re: [Videolib] Amazon Prime >Sent by: >[email protected]<mailto:[email protected]> >________________________________ > > > >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. > >-------------- next part -------------- >An HTML attachment scrubbed and removed. >HTML attachments are only available in MIME digests. > >End of videolib Digest, Vol 107, Issue 18 >***************************************** 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.
