Re: video streaming and copyright

Gary Handman (ghandman@library.berkeley.edu)
Tue, 21 Nov 2000 16:35:07 -0800 (PST)

Hi Colette:

In re your question one: the Kastenmeir guidelines apply to off-air taping
and showing of materials in the classroom, as well as tape
retention. There's nothing in these guidelines that would apply to your
case.

The issues at hand in your case are: transferring from analog to digital
(considered making a derivative work--and one of the exclusive rights of
the copyright holder) And broadcasting the work (another of the rights of
the copyright owner). Doing what you propose without securing rights, I
don't believe you'd have a legal leg to stand on----passworded site or not.

At 03:58 PM 11/21/2000 -0800, you wrote:
>Dear List Members,
>
>Someone in our academic computing office has posed the following questions
>about video streaming and copyright. I've searched the list archives for
>info but would appreciate any additional answers to these. In addition to
>his questions below, I also want to know: For question 1, I know about the
>Kastenmeir guidelines for off-air tapes used in classroom teaching, but
>would they apply to video steaming if delivered to the classroom or
>classmembers? For question 3, are there special "broadcast" rights as
>opposed to "public performance rights" which need to be secured for video
>streaming? In question 3, I'll inform him of the fun we sometimes have
>trying to determine the copyright holder of videos, but any hints in
>answer to his question are welcome.
>
>Specific questions for the computing staff member:

>1. If an instructor wants his students to watch a particular PBS program,
>can I tape this TV broadcast for them and make it available on a web
>server and under what circumstances? The video server can be restricted
>to:
>a. limit availability to locations on campus
>b. allow only 1 or any limited number of concurrent streams
>c. make the video available only for watching, not saving or copying
>
>2. Same question for the content released on VHS tape or DVD disk.
>
>3. What's the proper way to approach the copyright holder for a release to
>do a limited public performance or how to negotiate a reasonable royalty?
>
>Thank you,
>
>Collette
>
>Collette Ford
>Multimedia Resources Center Librarian
>Univ Calif Irvine
>ccford@lib.uci.edu

Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley 94720-6000
<http://www.lib.berkeley.edu/MRC>http://www.lib.berkeley.edu/MRC

"Everything wants to become television"
(Gregory Ulmer. Teletheory : Grammatology in the Age of Video)