Re: video streaming and copyright

Kristine R. Brancolini (brancoli@indiana.edu)
Fri, 1 Dec 2000 06:10:22 -0800 (PST)

Ironically, I missed the discussion of VARIATIONS in this thread
yesterday, because I was in a lengthy meeting of the investigators on
Indiana University's DLI2 project, funded by the NSF and NEH, "Creating a
Digital Music Library." The four-year project began October 1. One of
the major research areas for the project is intellectual property.
For more information, see the project web site:
<http://www.dlib.indiana.edu>.

The grant-funded project builds on our work with VARIATIONS
<http://www.dlib.indiana.edu/variations/>, which has been in operation
since 1996 and primarily provides digitized sound recordings to support
classroom instruction -- electronic reserves. We operate VARIATIONS within
a fair use environment. I do not want do debate the specific facts and
issues on a listserv. However, _Library Journal Academic Newswire_,
October 3, 2000, ran three related articles on the new grant and that
project's relationship to VARIATIONS. It was the same week that Napster
was back in court, so the IP issues related to our work came to the fore.
_LJ Academic Newswire_ asked Allan Adler, Vice President of Legal Affairs
for the Association of American Publishers (AAP), "By making digital
copies of music available for library patrons, is Indiana treading on
legal thin ice?" The AAP has strongly backed the RIAA in its case against
Napster. Adler's response was generally favorable. He cited two factors:
Students are unable to reproduce the music and they are restricted in
location. When asked about the MP3.COM case, Adler noted that MP3.COM was
a commercial service and that "Indiana's status as an educational
institution could insulate them from record company claims." (The
quotation is from the article's author, not Mr. Adler.) The article also
says that, "While Adler seemed reasonably assured that Indiana's current
practice was a satisfactory applicaiton of fair use, he admitted that the
digital future offered new challenges for proving fair use."

I cannot post the entire article to the listserv, so please contact me off
the list if you would like more information. -- Kris

Kristine R. Brancolini, Director, Digital Library Program
Main Library E170, 1320 E. Tenth Street
Indiana University, Bloomington, IN 47405
Phone: 812.855.3710 | Fax: 812.856.2062