Re: VIDEOLIB digest 1695

Collette Ford (ccford@lib.uci.edu)
Mon, 27 Nov 2000 12:09:29 -0800 (PST)

Hi, Gary,

Thanks for clarifying which parts of the copyright law are involved--I'll pass it along to the person in the computing center who asked me the questions.

Collette

>
> Topic No. 2
>
> Date: Tue, 21 Nov 2000 16:51:32 -0800
> From: Gary Handman <ghandman@library.berkeley.edu>
> To: videolib@library.berkeley.edu
> Subject: Re: video streaming and copyright
> Message-ID: <4.3.2.7.2.20001121164618.00ac3f00@library.berkeley.edu>
> Mime-Version: 1.0
> Content-Type: text/plain; charset="us-ascii"; format=flowed
>
> 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)
>
> ------------------------------