Hello, again. The question came up recently for me and I shared this article with my faculty: https://works.bepress.com/jonathan_ezor/12/ Best, Cathy
Catherine H. Michael Communications & Legal Studies Librarian Ithaca College Library 953 Danby Road, Ithaca, NY 14850 Phone | 607-274-1293 More About Me <https://library.ithaca.edu/services/staff_details.php?name=cmichael> | Anonymous Feedback: *Have I helped you today?* <https://ithaca.qualtrics.com/SE/?SID=SV_a4zGXGnJDAaA2BT> On Wed, Oct 19, 2016 at 12:40 PM, Sarah E. McCleskey < [email protected]> wrote: > 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:videolib-bounces@ > lists.berkeley.edu] *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]> > 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:videolib-bounces@ > lists.berkeley.edu] *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. > > > 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.
