Re: videos, distance education, & fair use

Jennifer Robichaud (jrobich@uottawa.ca)
Thu, 15 Mar 2001 12:11:09 -0800 (PST)

I don't disagree with your format vs. rights argument - However, I
believe when institutions make copies they usually have permission to
do it for the ONE TIME showing - for example - my own institution
asks permission to make copies to be distributed for one class (or a
very short period of time) the copies are then returned to the main
library and are kept (away from the rest of the collection) in case
they need to be used for the same purpose at a later date.
They never get added to the catalogue and they do not circulate to
other patrons at all - the copies are only used for that distance ed.
showing when the ability to 'teleconference' is not available.
I did not mean to suggest that making copies at any time for any
reason was acceptable - you're absolutely right - it's breaks
copyright law no matter how you look at it.
As for price - sometimes $50 is really just more than you can spend -
when institutions like universities would rather build new football
fields and athletic centres sometimes that $50 is more than you can
imagine!

> Date: Thu, 15 Mar 2001 11:55:48 -0800 (PST)
> Reply-to: videolib@library.berkeley.edu
> From: Jessica Rosner <jrosner@kino.com>
> To: Multiple recipients of list <videolib@library.berkeley.edu>
> Subject: Re: videos, distance education, & fair use

>
> --
> Jessica Rosner
> Kino International
> 333 W 39th St. 503
> NY NY 10018
> jrosner@kino.com
>
> I'll try to avoid a long silly thread but you are always free to put the
> tape on reserve like a book. IF your distance Ed students are in one place
> than you can send the tape there for showing but it really isn't fair ( or
> legal) to broadcast the tape to multiple locations. Tapes generally fall
> into two types, retail & "educational". Retail tapes are usually under $50
> so buying an additional copy should not be that big a burden. I understand
> that many educational films can be very costly but most distributors would
> be willing to negotiate an arrangement for distance ed screenings if you
> asked them.
>
> I just get frustrated by the idea that it is somehow OK to copy or
> broadcast a video/dvd when it is clearly NOT ok to do the same thing with a
> book. It is NOT the format but THE RIGHTS that matter.
>
> Jessica
>
> > From: "Jennifer Robichaud" <jrobich@uottawa.ca>
> > Reply-To: videolib@library.berkeley.edu
> > Date: Thu, 15 Mar 2001 11:36:34 -0800 (PST)
> > To: Multiple recipients of list <videolib@library.berkeley.edu>
> > Subject: Re: videos, distance education, & fair use
> >
> > What is so terrible is to order and PAY FOR a second (third, fourth)
> > copy because it is punishingly expensive to do so. Distance Ed.
> > students are still a part of the same institution and you don't
> > have to buy items according to the number of students you have
> > do you? It's not as if you can say that if a library serves more
> > than 1200 students you must buy two copies of this or that item.
> > If a distance course uses a text they can borrow the one held by the
> > library when it is not in use by someone else who uses that library.
> > When you're talking about broadcasting a video for class purposes it
> > is usually just used once for that class and never again (unless it
> > is needed the next semester) - it just means the students are spread
> > around and not all in the same place.
> >
> >> Date: Thu, 15 Mar 2001 11:04:58 -0800 (PST)
> >> Reply-to: videolib@library.berkeley.edu
> >> From: Jessica Rosner <jrosner@kino.com>
> >> To: Multiple recipients of list <videolib@library.berkeley.edu>
> >> Subject: Re: videos, distance education, & fair use
> >
> >>
> >> --
> >> Jessica Rosner
> >> Kino International
> >> 333 W 39th St. 503
> >> NY NY 10018
> >> jrosner@kino.com
> >>
> >> I really was gonna stay out of this one but I feel compelled to ask, why is
> >> it so terrible to order a second or third copy if you need it at another
> >> location? I am assuming distance courses also use books. Do you just
> >> broadcast them as well ? As a distributor I might be a bit put off if
> >> say someone did an intro film course and broadcast one of our titles to
> >> 50 distance education sites using only one copy. Apart from the legal
> >> ramifications it hardly seems fair.
> >> It kind of reminds me of an interview that Godard once gave in which he
> >> said that basically Hollywood would make one blockbuster film a year which
> >> would just be shown in every theater at once.
> >>
> >> jessica
> >>
> >>> From: Barb Bergman <barbara.bergman@angelo.edu>
> >>> Reply-To: videolib@library.berkeley.edu
> >>> Date: Thu, 15 Mar 2001 10:40:28 -0800 (PST)
> >>> To: Multiple recipients of list <videolib@library.berkeley.edu>
> >>> Subject: Re: videos, distance education, & fair use
> >>>
> >>> Personally, I thought it sounded like fair use to me too, but the Distance
> >>> Education section of "Fair Use Harbor"
> >>> http://www.stfrancis.edu/cid/coprbay/fairuse.htm said otherwise. I mean,
> >>> what are you supposed to do? Buy a second copy of a video and mail it to
> >>> the remote site?
> >>>
> >>> Barb
> >>>
> >>> At 09:58 AM 3/14/2001 -0800, you wrote:
> >>>> I dunno. If access to the broadcast is limited strictly to enrolled
> >>>> students, I'd vote for this being fair use.
> >>>>
> >>>> gary
> >>>>
> >>>>
> >>>>
> >>>> At 08:45 AM 03/14/2001 -0800, you wrote:
> >>>>> I'm working on a presentation on fair use. I've gathered all sorts of good
> >>>>> resources (most of which I've learned about from you guys!) but have one
> >>>>> question:
> >>>>>
> >>>>> The sources I have say:
> >>>>> When teaching a class via Distance Education, it's NOT okay to broadcast a
> >>>>> video without permission. (Even if no one outside the class could access
> >>> it.)
> >>>>>
> >>>>> Is this still correct? Or have there been changes in this doctrine? Any
> >>>>> changes in the works?
> >>>>>
> >>>>> thanks in advance,
> >>>>> Barb
> >>>>>
> >>>>>
> >>>>>
> >>>>> *-*-*-*-*-*-*-*-*-*-*-*-**-*-*-*-*-*-*-*-*-*-*-*-*
> >>>>> Barbara J. Bergman Porter Henderson Library
> >>>>> Media Librarian Angelo State University
> >>>>> ph: (915) 942-2313 Box 11013, ASU Station
> >>>>> fax: (915) 942-2198 San Angelo, TX 76909
> >>>>> *-*-*-*-*-*-*-*-*-*-*-*-**-*-*-*-*-*-*-*-*-*-*-*-*
> >>>>> Buffy: You need to have some fun.
> >>>>> Giles: I'll have you know that I have very many relaxing hobbies.
> >>>>> Buffy: Such as?
> >>>>> Giles: I enjoy cross-referencing.
> >>>>
> >>>> Gary Handman
> >>>> Director
> >>>> Media Resources Center
> >>>> Moffitt Library
> >>>> UC Berkeley, CA 94720-6000
> >>>> 510-643-8566
> >>>> ghandman@library.berkeley.edu
> >>>>
> >>>> "You are looking into the mind of home video. It is innocent, it is
> >>>> aimless,
> >>>> it is determined, it is real" --Don DeLillo, Underworld
> >>>>
> >>>>
> >>
> >>
>
>