Re: video streaming and copyright

Mark Richie (
Wed, 29 Nov 2000 10:05:47 -0800 (PST)

Gary's answer not withstanding, you will need to negotiate a different
set of license rights with each producer above and beyong public
performance or broarcast/cable cast rights. We call them IP
Transmission Rights and make them apply to both store and forward
(downloaded) and streaming via the Web.

We wouln't think of apporaching PBS for such rights. First, the concept
is so new, they have no idea how to deal with it.
Second, their titles are hopelessly mired in contract language from
thier producers.

We go after companies that produce for the education market and make
core curriculum titles rather than social issue docs or infotainment.
Try films for the humanities & benchmark.

Before you ask, we don;t have a set "contract" with our suppliers but
certain understanding s apply: 1 fee per title, no renewal costs, no
limits on number of hits or downloads in a semester (they don't limit
how many times we circulate a hard copy title), has to be 30fps and
compatible with iDVS interactive viewer. Cooperation so far has been
good. Companies that resist or want other demands we just skip over.

Best of luck going digital.

Gary Handman wrote:
> 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
> >
> Gary Handman
> Director
> Media Resources Center
> Moffitt Library
> UC Berkeley 94720-6000
> <>
> "Everything wants to become television"
> (Gregory Ulmer. Teletheory : Grammatology in the Age of Video)