I am sure the debate will continue
Jessica Rosner
Kino
> From: Dan Donnelly <d-donn@maroon.tc.umn.edu>
> Reply-To: videolib@library.berkeley.edu
> Date: Wed, 29 Nov 2000 13:21:00 -0800 (PST)
> To: Multiple recipients of list <videolib@library.berkeley.edu>
> Subject: Re: video streaming and copyright
>
> Hello all:
>
> If I may, I'd like to expand Colette Ford's query about off-air dubbing and
> digitizing for video streaming.
>
> A version of Colette's questions are being asked here at Minnesota and I
> suspect at many other places around the country. We're not immediately
> concerned with off-air taping that is then digitized for Web access, but
> rather digitizing videocassettes and sound recordings from our collections,
> for storage on large servers and providing Web access to the files. I'm not
> sure that some version of web access to videos without securing permission
> can't be legal. In Colette's first question, it seems as if some user
> restriction (password protection or geographic limitation) might protect an
> institution from copyright infringement. If fair use might apply in the
> classroom, what about the virtual classroom? What if access is restricted to
> an on-campus lab, say a library location or a classroom, where user
> workstations are equipped with client applications to access a server, could
> that be legal in some cases or in some sense? Aside from the analog to digital
> transformation and off-air!
> taping guidelines, how is in-building viewing of Web delivered video different
> from in-building video viewing at a VHS equipped viewing station or video
> projection presentation? If one can legally dub the video off air and use it
> in the classroom for student viewing for a limited time, then why couldn't one
> use that same program content in the new media environment that restricts
> viewing to students enrolled in a particular course at a degree granting
> non-profit educational institution?
>
> The thing that nags at me with this question is the Variations project at
> Indiana University. I'm not sure what they do about copyright permissions but
> it seems as if they've decided to go ahead with digitization of the music
> library's entire collection of music recordings and make them available on
> library workstations inside their new building. Their Website,
> http://www.dlib.indiana.edu/variations/ says that so far they've got over
> 5,000 recordings digitized. They don't mention much about copyright, other
> than to say in a paper (available on the site) that copyright is one reason
> they restrict Web listening to in-building use only, no remote dial-up access,
> and so far no access via the campus network.
>
> Does anyone on this list know about the approach to permissions in the
> Variations Project? Do they get permission to digitize everything they make
> available on the Web? I don't think there's a difference between video and
> audio recordings when it comes to copyright permission to use the recordings
> for teaching in college curricula. So, can the Variations Project instruct us
> about video in any way even though it's not about off-air recording? The
> project is about new educational technology and it demonstrates Indiana's
> willingness to move forward on such a large scale that I can't imagine them
> going ahead without a strong sense of confidence with respect to copyright
> permissions, however they may manage the issue.
>
> I think copyright permissions and Web access to recorded materials under the
> aegis of non-profit educational environments is a can of worms that should be
> opened wide. I don't know where to find the time or the opener, but this list
> is always a good source of ideas.
>
> Dan Donnelly, Library Manager
> Learning Resources Center
> University of Minnesota Libraries
>
>
> At 04:33 PM 11/21/2000 -0800, you 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
>>> 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)
>>
>>
>>
> Dan Donnelly, Library Manager
> Learning Resources Center
> University of Minnesota Libraries
> 612.624.6536
> --
> mailto:d-donn@tc.umn.edu
>