RE: Licensing videos

Gary Handman (ghandman@library.berkeley.edu)
Tue, 1 May 2001 15:14:30 -0700 (PDT)

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..Possibly, but in my experience licensing of videos does NOTHING but
obfuscate fair use or nullify it
altogether. Any contractual stipulation that limits the right to use
materials in face-to-face teaching or in other valid educational contexts
isn't doing librarians and their clients ANY favors--ever. The licensing
of video is almost always an either or proposition: either you buy in OR
you buy and infringe OR you don't buy at all... I've never experienced an
occasion when license rights for video were negotiable.

Gary Handman

>Licensing can be used to librarians advantage. A license can clarify the
>ambiguities of fair use, or guarantee uses beyond what we can claim by
>fair-use.
>
>Librarians can and should be the co-authors of a license, not its victims.
>
>I hope the library video world plays an active role in licensing, as the
>library text world has done.
>
>Please see:
>http://www.library.yale.edu/~llicense/index.shtml
>
>
>Charly Bauer
>OhioLINK
>
>
> > -----Original Message-----
> > From: videolib@library.berkeley.edu
> > [mailto:videolib@library.berkeley.edu]On Behalf Of Islam, Ramona
> > Sent: Tuesday, May 01, 2001 4:28 PM
> > To: Multiple recipients of list
> > Subject: RE:Licensing videos
> >
> >
> > Hi folks,
> >
> > I know that licensing exists in the electronic age, but it
> > confounds me how
> > we librarians ever let it happen. You don't see us licensing books (God
> > forbid)! Licensing seems like a clever means of circumventing fair use.
> > It's legal, but how did we allow publishers to ever create this legal
> > loophole to fair use? Why did we ever agree to license instead
> > of purchase?
> > My question may be naive, but I would appreciate your thoughts.
> >
> > Thanks,
> >
> > Ramona
> >
> > -----Original Message-----
> > From: Gary Handman [mailto:ghandman@library.berkeley.edu]
> > Sent: Tuesday, May 01, 2001 3:23 PM
> > To: Multiple recipients of list
> > Subject: Re: ABC News videos
> >
> >
> > True about fair use Stan, but a license is a different thing
> > altogether. A
> > vendor can stipulate any damn thing it wants with a license, and if you
> > agree to the terms (by purchasing the work), you agree to the
> > terms. Fair
> > use has nothing to do with such arrangements.
> >
> > gary handman
> >
> >
> > At 11:26 AM 05/01/2001 -0700, you wrote:
> >
> > >I am sure that what they told you is bogus.
> > >The fair use guidelines clearly permit face-to face classroom use of any
> > >legally acquired video, and
> > >I believe the major networks were participants in drawing up to the
> > >Kastenmeier guidelines.
> > >
> > >I would not sign any agreement that prohibited the desired usage.
> > >
> > >
> > >
> > >
> > >
> > > Brigid
> > > Duffy
> > > <bduffy@sfsu.edu> To: Multiple
> > > recipients of list
> > > Sent
> > > by: <videolib@library.berkeley.edu>
> > > videolib@library.be cc:
> > >
> > > rkeley.edu Subject: ABC News
> > > videos
> > >
> > >
> > >
> > >
> > > 05/01/01 11:57
> > > AM
> > > Please respond
> > > to
> > > videolib
> > >
> > >
> > >
> > >
> > >
> > >
> > >
> > >
> > >
> > >Dear VideoLib,
> > >
> > >Just to let you know; we bought a Nightline segment from ABCNewsStore.com
> > >and got the site license agreement mentioned in previous e-mails
> > (good for
> > >2 years, $25 renewal). I called on this; their customer service
> > department
> > >said
> > >
> > >1) they will call customers on this
> > >
> > >2) any showing outside the home requires this license (even face-to-face
> > >classroom instruction)
> > >
> > >3) non-news shows may not require this license, but because it's a news
> > >show, they can require it.
> > >
> > >4) if you don't choose to pay the $25, the tape is supposed to
> > sit on your
> > >shelf unused.
> > >
> > >Seeing as I can buy the same show from Films for the Humanities and
> > >Sciences, I wonder if it's worth the fuss...
> > >
> > >Brigid Duffy
> > >Audio Visual/ITV Center
> > >San Francisco State University
> > >San Francisco CA 94132-4200
> > >E-mail: bduffy@sfsu.edu
> >
> > Gary Handman
> > Director
> > Media Resources Center
> > Moffitt Library
> > UC Berkeley, CA 94720-6000
> > 510-643-8566
> > ghandman@library.berkeley.edu
> >
> >

Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley, CA 94720-6000
510-643-8566
ghandman@library.berkeley.edu

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..Possibly, but in my experience licensing of videos does NOTHING but obfuscate fair use or nullify it
altogether.  Any contractual stipulation that limits the right to use materials in face-to-face teaching or in other valid educational contexts isn't doing librarians and their clients ANY favors--ever.   The licensing of video is almost always an either or proposition: either you buy in OR you buy and infringe OR you don't buy at all...  I've never experienced an occasion when license rights for video were negotiable.

Gary Handman


Licensing can be used to librarians advantage.   A license can clarify the
ambiguities of fair use, or guarantee uses beyond what we can claim by
fair-use.

Librarians can and should be the co-authors of a license, not its victims.

I hope the library video world plays an active role in licensing, as the
library text world has done.

Please see:
http://www.library.yale.edu/~llicense/index.shtml


Charly Bauer
OhioLINK


> -----Original Message-----
> From: videolib@library.berkeley.edu
> [mailto:videolib@library.berkeley.edu]On Behalf Of Islam, Ramona
> Sent: Tuesday, May 01, 2001 4:28 PM
> To: Multiple recipients of list
> Subject: RE:Licensing videos
>
>
> Hi folks,
>
> I know that licensing exists in the electronic age, but it
> confounds me how
> we librarians ever let it happen.  You don't see us licensing books (God
> forbid)!  Licensing seems like a clever means of circumventing fair use.
> It's legal, but how did we allow publishers to ever create this legal
> loophole to fair use?  Why did we ever agree to license instead
> of purchase?
> My question may be naive, but I would appreciate your thoughts.
>
> Thanks,
>
> Ramona
>
> -----Original Message-----
> From: Gary Handman [mailto:ghandman@library.berkeley.edu]
> Sent: Tuesday, May 01, 2001 3:23 PM
> To: Multiple recipients of list
> Subject: Re: ABC News videos
>
>
> True about fair use Stan, but a license is a different thing
> altogether.  A
> vendor can stipulate any damn thing it wants with a license, and if you
> agree to the terms (by purchasing the work), you agree to the
> terms.  Fair
> use has nothing to do with such arrangements.
>
> gary handman
>
>
> At 11:26 AM 05/01/2001 -0700, you wrote:
>
> >I am sure that  what they told you is bogus.
> >The fair use guidelines clearly permit face-to face classroom use of any
> >legally acquired video, and
> >I believe the major networks were participants in drawing up to the
> >Kastenmeier guidelines.
> >
> >I would not sign any agreement that prohibited the desired usage.
> >
> >
> >
> >
> >
> >                     Brigid
> > Duffy
> >                     <bduffy@sfsu.edu>          To:     Multiple
> > recipients of list
> >                     Sent
> > by:                   <videolib@library.berkeley.edu>
> >                     videolib@library.be        cc:
>  >
> >                     rkeley.edu                 Subject:     ABC News
> > videos
> >
> >
> >
> >
> >                     05/01/01 11:57
> > AM
> >                     Please respond
> > to
> >                     videolib
>  >
> >
> >
> >
> >
> >
> >
> >
> >
> >Dear VideoLib,
> >
> >Just to let you know; we bought a Nightline segment from ABCNewsStore.com
> >and got the site license agreement mentioned in previous e-mails
> (good for
> >2 years, $25 renewal). I called on this; their customer service
> department
> >said
> >
> >1) they will call customers on this
> >
> >2) any showing outside the home requires this license (even face-to-face
> >classroom instruction)
> >
> >3) non-news shows may not require this license, but because it's a news
> >show, they can require it.
> >
> >4) if you don't choose to pay the $25, the tape is supposed to
> sit on your
> >shelf unused.
> >
> >Seeing as I can buy the same show from Films for the Humanities and
> >Sciences, I wonder if it's worth the fuss...
> >
> >Brigid Duffy
> >Audio Visual/ITV Center
> >San Francisco State University
> >San Francisco CA  94132-4200
> >E-mail: bduffy@sfsu.edu
>
> Gary Handman
> Director
> Media Resources Center
> Moffitt Library
> UC Berkeley, CA 94720-6000
> 510-643-8566
> ghandman@library.berkeley.edu
>
>

Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley, CA 94720-6000
510-643-8566
ghandman@library.berkeley.edu

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