Re: video streaming and copyright

Gary Handman (
Wed, 29 Nov 2000 14:04:50 -0800 (PST)

OK...Here it is again:

There are two central issues (at least) involved in creating a digital,
networked video library:

1. Transferring one format to another (i.e. analog to digital) constitutes
making a derivative work -- one of the five exclusive rights assigned to
copyright holders (or their assigned agents)

2. The right to broadcast a work is another exclusive right held by the
copyright owner.

As far as I can tell, Fair Use does not enter into this equation AT
ALL! (...yes, EVEN if the works have passworded access, EVEN if the
content is used exclusively in Face to Face teaching).

..but more to the point: even if there weren't copyright strictures in
the way, the tech issues involved in mounting and delivering (even
locally) large video datafiles are enormous (if not totally insurmountable)
at present. What, pray tell, is the point of spending massive amounts of
staff time, CPU space, bandwidth, and classroom time trying to deliver what
are (at present) substandard images with unstable technologies, when
there's a perfectly serviceable and relatively cost-effective technology at
hand--i.e. tape and DVD. Being cutting edge is one thing; being sensible
seems increasingly to be another thing altogether.

At 01:37 PM 11/29/2000 -0800, you wrote:
>Hi Everyone,
>I'd like to ditto Don's query. I have had discussions with the vice
>chancellor I report to about digitizing our entire video collection to be
>put on a server for distribution to carrels in our lab, and maybe also to
>classrooms on campus. I too have wondered about the copyright issue that
>might be involved. If anyone can clarify this I'm sure there are a number
>of us who are facing the same uncertain future.
>Jim Glenn
>Manager, Media Library
>Universiy of California, Riverside
>At 01:21 PM 11/29/00 -0800, you wrote:
> >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 s
> >ound 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 u
> >ser 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 li
> >brary 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 st
> >udent 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 o
> >f music recordings and make them available on library workstations inside
>their new building. Their Website,
>says that so far they've got over 5,000 recordings digitized. They don't
>mention much about copyright, oth
> >er 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 demonstra
> >tes 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 sourc
> >e 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
> >>>
> >>
> >>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)
> >>
> >>
> >>
> >Dan Donnelly, Library Manager
> >Learning Resources Center
> >University of Minnesota Libraries
> >612.624.6536
> >--
> >
> >

Gary Handman
Media Resources Center
Moffitt Library
UC Berkeley 94720-6000

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