Re: copyright question

Gary Handman (ghandman@library.berkeley.edu)
Fri, 24 Jan 2003 08:28:45 -0800 (PST)

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Robert

Check out the 2nd edition of the book I recently edited: Video Collection
Development in Multi-type Libraries: A Handbook (Greenwood Publishing,
2002). It has a lengthy chapter on video copyright that deals with both
old and new media. There are a whole bunch of older, but still relatively
accurate works dealing with video copyright, as well. I'm attaching below
a very partial list of readings.

UC Copyright Policies

1992 UC Policy on Copyright Ownership
http://www.ucop.edu/ucophome/uwnews/copyr.html

University of California Electronic Communications Policy (November 17, 2000)
http://www.ucop.edu/ucophome/policies/ec/

Interim E-Berkeley Policy for Online Activities
http://webpolicy.berkeley.edu/

UCOP Standing Committee on Copyright
http://www.ucop.edu/copyright/

UC Universitywide Copyright Task Force Final report
http://www.ucop.edu/copyright/

Office of Tech Transfer Copyright Matters Web Site
http://www.ucop.edu/ott/crprimr.html

General Information About Copyright and Fair Use

US Copyright Law (Full-Text)
http://www.law.cornell.edu/usc/17/

US Copyright Office Web Site
http://lcweb.loc.gov/copyright
Includes sections on copyright basics, frequently asked
questions. Official description of Fair Use (in PDF format) is at
http://lcweb.loc.gov/copyright/fls/fl102.pdf

Association of Research Libraries (ARL) Copyright and Intellectual Property
site
http://www.arl.org/info/frn/copy/copytoc.html
Links to information about current copyright legislation and litigation,
including the Digital Millenium Act.

Copyright: An Overview (Cornell University)
http://wwwsecure.law.cornell.edu/topics/copyright.html
Includes links to full-text documents, organizations, and other resources
related to copyright and intellectual property. Useful links to
information regarding international copyright agreements (Berne Convention,
et al.)

Copyright & Fair Use (Stanford University Libraries)
fairuse.stanford.edu/
Sponsored by the Stanford Libraries and the Council on Library Resources,
this is perhaps the most comprehensive and well-organized single web sites
related to current copyright law and legislation, including resources
regarding evolving copyright issues related to digital information and
telecommunications. Includes extensive links to other sites

Copyright Resources Online
http://www.library.yale.edu/~okerson/copyproj.html
An extensive, thoughtfully assembled metasite developed by Ann Okerson,
Yale University. Links are provided to both university-related and
non-university web sites

Copyright Resources on the Internet (Groton Public Schools)
http://groton.k12.ct.us/mts/pt2a.htm
A metasite devoted to copyright resources, particularly focussed on K-12
education, but including links of interest to higher education as well.

The Copyright Web Site
http://www.benedict.com/
Launched in 1995 by attorney Benedict O'Mahoney, this site endeavors to
"provide real world, practical and relevant copyright information of
interest to infonauts, netsurfers, webspinners, content providers,
musicians, appropriationists, activists, infringers, outlaws, and law
abiding citizens." Includes an interesting section that discusses
"notorious pillagers of copyright on the big screen."

Public Domain (University of North Carolina, Chapel Hill)
http://www.unc.edu/~unclng/public-d.htm
A useful table developed by Laura Gasaway that outlines the current terms
and definitions of public domain. Includes material from new Term
Extension Act, PL 105-298

Copyright Duration
http://cidc.library.cornell.edu/copyright
When Copying Is OK -- The 'Fair Use' Rule (via Nolo Press)
http://www.nolo.com/lawcenter/ency/article.cfm/objectID/C3E49F67-1AA3-4293-9312FE5C119B5806

Fair Use Frequently Asked Questions (and Answers) (via Electronic Frontier
Foundation)
http://www.eff.org/IP/eff_fair_use_faq.html

Getting Permission to Publish: Ten Tips for Webmasters (via Nolo Press)
http://www.nolo.com/lawcenter/ency/article.cfm/objectID/8CD796F2-9770-4ECA-B8F2B4F66DB170F1

Indiana University Copyright Management Center
http://www.iupui.edu/~copyinfo/home.html
Extensive links to information about copyright as it impacts teaching and
research, use of library resources, use of special media, rights and
permissions.

Information Policy: Copyright and Intellectual Property (International
Federation of Library Associations and Institutions [IFLA])
http://www.ifla.org/II/cpyright.htm
An extensive bibliography of online texts from IFLA and other sources
dealing with copyright and intellectual property issues and
policies. Includes a number of resources dealing with digital media.

Stanford University Copyright & Fair Use Site
http://fairuse.stanford.edu/

The Council on Library Resources' Statement on the Fair Use Doctrine
http://fairuse.stanford.edu/library/clrfu.html

Ten Big Myths About Copyright Explained
http://www.templetons.com/brad//copymyths.html
An opinionated but useful attempt to answer common myths about copyright
seen on the net and to cover issues related to copyright and Internet
publication, by Brad Templeton.

Use of Film/Video/TV in the Classroom
American Library Association) LARC (Library and Research Center) Fact Sheet
Number 7: Video & Copyright
http://www.ala.org/library/fact7.html
Somewhat overly conservative (particularly in its discussions of on-site
viewing of video in libraries), but generally useful overview of primary
issues related to video copyright in libraries.

Association for Information Media and Equipment (AIME)
http://www.aime.org/
AIME is a media industry organization that acts in the interest of video
and software producers and distributors. The organization has produced a
number of books and videos dealing with video and digital copyright
(available for purchase from this web site)

Copyright, Fair Use, and Other Legal Matters: Film/Television/Video Topics
http://www.tcf.ua.edu/ScreenSite/res/bib/copyright.htm
Part of the excellent ScreenSite film studies web (University of Alabama),
this metapage offers links to a wide variety of sites related to copyright,
film and video, and the arts in general.

Kastenmeier Guidelines for Off-Air Taping
http://www.library.unt.edu/copyright/use.htm#Off-Air (via University of
North Texas)
http://www.lib.berkeley.edu/MRC/Kastenmeier.html (via UC Berkeley)

Copyright, Intellectual Property, Video & Multimedia: A Selected
Bibliography (UC Berkeley Media Center)
http://www.lib.berkeley.edu/MRC/copyrightbib.html
An annotated list including includes books, articles, videos, web sites
related to video and copyright

Copyright & Fair Use Tutorials

Copyright Bay/Fair Use Harbor
http://www.nmjc.cc.nm.us/copyrightbay/coprbay.htm
A wonderfully goofy and informative site that provides interactive
tutorials related to copyright and fair use issues for various media. The
"AudioVisual Lagoon" section provides an excellent introduction to video,
fair use, and public performance issues. Includes a good selective
bibliography of print and online sources.

Crash Course in Copyright (University of Texas)
http://www.utsystem.edu/ogc/intellectualproperty/cprtindx.htm
A thoughtfully developed overview and introduction to copyright law aimed
at higher education, but exceptionally useful for teachers and librarians
in all settings. Separate tutorial modules are provided for various media,
including videos, images, graphics, and music. Higher bandwidth users can
listen to a spoken narrative of the tutorial.

Digital/Online Media - General

An Intellectual Property Law Primer for Multimedia and Web Developers
http://www.eff.org/pub/Intellectual_property/multimedia_ip_primer.paper
A straightforward discussion (with good examples) authored by J. Dianne
Brinson and Mark F. Radcliffe and geared primarily to web and multimedia
developers in the commercial sector.

Fair Use in the Electronic Age: Serving the Public Interest
http://arl.cni.org/scomm/copyright/uses.html
An outgrowth of discussions among a number of library associations
regarding intellectual property, and in particular, the concern that the
interests and rights of copyright owners and users remain balanced in the
digital environment.

Online Fair Use Of Copyrighted Material: Issues And Concerns (via
Electronic Frontier Foundation) http://www.eff.org/IP/fair_use_online.article

Multimedia Fair Use Guidelines

Fair Use and Multimedia (Stanford University)
http://fairuse.stanford.edu/multimed/
Part of Stanford's superlative copyright and fair use web site
(http://fairuse.stanford.edu/), this page provides extensive links to
various sites and resources related to copyright, multimedia, and digital
technologies.

Full-text of Guidelines and supporting documentation (Indiana University)
http://www.indiana.edu/~ccumc/mmfairuse.html
http://www.utsystem.edu/mis/ogc/intellectualproperty/ccmcguid.htm

CCUMC Copyright Initiatives
http://www.indiana.edu/~ccumc/copyright.html
Provides historical background on the development of the Multimedia Fair
Use Guidelines.

Educational Fair Use Guidelines for Multimedia: A Summary of Concerns
http://www.arl.org/info/frn/copy/mmedia.html
The Association of Research Libraries' fact sheet in response to the CCUMC
guidelines.

Fair Use in Multimedia: Digital Age Copyright (ARL online newsletter)
http://www.arl.org/newsltr/185/fairuse.html
An article by Stacey Carpenter, Multimedia Communications, Information
Technology Division, Emory University, generally discussing the concept of
fair use in an age of digital reproduction, the evolving classroom needs in
a digital environment, and the pitfalls of the CCUMC Guidelines.

Library Issues: Multimedia and Fair Use: The Practical Side of a
Philosophical Debate
http://www.libraryissues.com/pub/LI9803.asp
A lengthy discussion of the development and current status of the CCUMC
guidelines. Includes discussions of the objections raised by ALA and other
groups regarding the limitations and shortcomings of these
guidelines. Article includes good selective webliography of sites related
to multimedia, copyright, and fair use.

Multimedia Fair Use Guidelines: Background and Summary
http://www.libraries.psu.edu/mtss/fairuse/dalziel.html
A document authored by Chris Dalziel, Executive Director, Instructional
Telecommunications Council, Pennsylvania State University, that provides
background information about the development of the Multimedia Guidelines
and opinions regarding the interpretation and utility of these guidelines
in a university setting.

George Mason University, Dept. of Instructional Improvement and
Instructional Technology
http://www.doiiit.gmu.edu/copyright.htm
Includes good brief summaries and reasonable interpretations of copyright
and various fair use guidelines as they pertain to instructional
technologies. Site incorporates links to other web resources for specific
points being made.

GaryAt 09:34 PM 1/23/2003 -0800, you wrote:
>Gary,
>
>Thank-you for clarifying this. I was not aware of the distinction between
>"fair use" and "first sale", which as it affects library practice makes a
>difference. However, I can understand holding a library (lender) liable for
>knowingly allowing copyrighted material to used illegally. Its similar to
>the impact of the Patriot Act.
>
>
>Would you refer me to some titles on media Copyright and media
>librarianship?
>
>Robert
>
>
>From: Gary Handman <ghandman@library.berkeley.edu>
>Reply-To: videolib@library.berkeley.edu
>To: Multiple recipients of list <videolib@library.berkeley.edu>
>Subject: Re: copyright question
>Date: Thu, 23 Jan 2003 16:43:42 -0800 (PST)
>
>--=====================_30837625==_.ALT
>Content-Type: text/plain; charset="us-ascii"; format=flowed
>
>Robert:
>
>I appreciate your input, but you are fairly seriously wrong
>here. Libraries are not exempt in any way shape or form from ANY of the
>strictures governing public performance. Fair Use does not enter in any
>way into the issue. In fact, Fair Use really doesn't apply to any of the
>services or activities of a public library. Practically the only Fair Use
>loop hole that librarians can squeeze thru has to do with the use of video
>in face-to-face teaching...and possibly the use of portions of copyrighted
>works in connection with academic enterprise.
>
>The loan of materials to patrons is allowed by the doctrine of First
>Sale...it has nothing to do with copyright, actually, and nothing to do
>with fair use at all. There has been vague anecdotal evidence that
>knowingly circulating materials for illegal use may put the lender at risk,
>as well as the end-user.
>
>If SJSU needs someone to teach media librarianship in the SLIS, I'm
>available...
>
>Gary
>
>
>
>
>At 12:52 PM 1/23/2003 -0800, you wrote:
> >The issue of PPR and the liability of Library Loan and "Fair Use" goes
>full
> >circle after examining the CopyRight Act, Section 107. In all of the legal
> >interpretations of Copyright the question of fair use examines the
> >intentions of the use of the copyrighted material and IF there will be any
> >commercial gain from that use. Educational institutions (which libraries
> >fall into this catagory) are exempt from the standard of public showing.
>The
> >patron is using this legal extention in all copyright uses of the library.
> >If a patron violates the provision, its the patron NOT the "Educational
> >Institution" that is commiting the violation. Seems fair.
> >
> >Robert Mink
> >SJSU/SLIS
> >
> >
> >
> >From: Rick Faaberg <rfaaberg@attbi.com>
> >Reply-To: videolib@library.berkeley.edu
> >To: Multiple recipients of list <videolib@library.berkeley.edu>
> >Subject: Re: copyright question
> >Date: Thu, 23 Jan 2003 11:56:52 -0800 (PST)
> >
> >On 1/23/03 11:48 AM "Jessica Rosner" <jrosner@kino.com> sent this out:
> >
> > > I think this is pretty
> > > standard for so called "educational films"
> >
> >Yes it certainly is!
> >
> >At issue, though, is whether we actually need PPR, or rather, that Fair
>Use
> >allow use of just about anything in the course of face-to-face instruction
> >in a classroom setting, including videos marked "home use only".
> >
> >Regards,
> >
> >Rick Faaberg
> >
> >
> >_________________________________________________________________
> >The new MSN 8: advanced junk mail protection and 2 months FREE*
> >http://join.msn.com/?page=features/junkmail
>
>Gary Handman
>Director
>Media Resources Center
>Moffitt Library
>UC Berkeley
>ghandman@library.berkeley.edu
>http://www.lib.berkeley.edu/MRC
>--=====================_30837625==_.ALT
>Content-Type: text/html; charset="us-ascii"
>
>Robert:
>
>I appreciate your input, but you are fairly seriously wrong
>here. Libraries are not exempt in any way shape or form from ANY of the
>strictures governing public performance. Fair Use does not enter in any
>way into the issue. In fact, Fair Use really doesn't apply to any of the
>services or activities of a public library. Practically the only Fair
>Use loop hole that librarians can squeeze thru has to do with the use of
>video in face-to-face teaching...and possibly the use of portions of
>copyrighted works in connection with academic enterprise.
>
>The loan of materials to patrons is allowed by the doctrine of First
>Sale...it has nothing to do with copyright, actually, and nothing to do
>with fair use at all. There has been vague anecdotal evidence that
>knowingly circulating materials for illegal use may put the lender at
>risk, as well as the end-user.
>
>If SJSU needs someone to teach media librarianship in the SLIS, I'm
>available...
>
>Gary
>
>
>
>
>At 12:52 PM 1/23/2003 -0800, you wrote:
>>The issue of PPR and the liability of Library Loan and "Fair Use" goes full
>>circle after examining the CopyRight Act, Section 107. In all of the legal
>>interpretations of Copyright the question of fair use examines the
>>intentions of the use of the copyrighted material and IF there will be any
>>commercial gain from that use. Educational institutions (which libraries
>>fall into this catagory) are exempt from the standard of public showing. The
>>patron is using this legal extention in all copyright uses of the library.
>>If a patron violates the provision, its the patron NOT the "Educational
>>Institution" that is commiting the violation. Seems fair.
>>
>>Robert Mink
>>SJSU/SLIS
>>
>>
>>
>>From: Rick Faaberg <rfaaberg@attbi.com>
>>Reply-To: videolib@library.berkeley.edu
>>To: Multiple recipients of list <videolib@library.berkeley.edu>
>>Subject: Re: copyright question
>>Date: Thu, 23 Jan 2003 11:56:52 -0800 (PST)
>>
>>On 1/23/03 11:48 AM "Jessica Rosner" <jrosner@kino.com> sent this out:
>>
>> > I think this is pretty
>> > standard for so called "educational films"
>>
>>Yes it certainly is!
>>
>>At issue, though, is whether we actually need PPR, or rather, that Fair Use
>>allow use of just about anything in the course of face-to-face instruction
>>in a classroom setting, including videos marked "home use only".
>>
>>Regards,
>>
>>Rick Faaberg
>>
>>
>>_________________________________________________________________
>>The new MSN 8: advanced junk mail protection and 2 months FREE*
>>http://join.msn.com/?page=features/junkmail
>
>Gary Handman
>Director
>Media Resources Center
>Moffitt Library
>UC Berkeley
>ghandman@library.berkeley.edu
>http://www.lib.berkeley.edu/MRC
>--=====================_30837625==_.ALT--
>
>
>_________________________________________________________________
>Add photos to your e-mail with MSN 8. Get 2 months FREE*.
>http://join.msn.com/?page=features/featuredemail

Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley
ghandman@library.berkeley.edu
http://www.lib.berkeley.edu/MRC
--=====================_949453==_.ALT
Content-Type: text/html; charset="us-ascii"

Robert

Check out the 2nd edition of the book I recently edited:  Video Collection Development in Multi-type Libraries:  A Handbook (Greenwood Publishing, 2002).  It has a lengthy chapter on video copyright that deals with both old and new media.  There are a whole bunch of older, but still relatively accurate works dealing with video copyright, as well.  I'm attaching below a very partial list of readings.

UC Copyright Policies

1992 UC Policy on Copyright Ownership
http://www.ucop.edu/ucophome/uwnews/copyr.html

University of California Electronic Communications Policy (November 17, 2000)
http://www.ucop.edu/ucophome/policies/ec/

Interim E-Berkeley Policy for Online Activities
http://webpolicy.berkeley.edu/

UCOP Standing Committee on Copyright
http://www.ucop.edu/copyright/

UC Universitywide Copyright Task Force Final report
http://www.ucop.edu/copyright/

Office of Tech Transfer Copyright Matters Web Site
http://www.ucop.edu/ott/crprimr.html

General Information About Copyright and Fair Use

US Copyright Law (Full-Text)
http://www.law.cornell.edu/usc/17/

US Copyright Office Web Site
http://lcweb.loc.gov/copyright
Includes sections on copyright basics, frequently asked questions.  Official description of Fair Use (in PDF format) is at http://lcweb.loc.gov/copyright/fls/fl102.pdf

Association of Research Libraries (ARL) Copyright and Intellectual Property site
http://www.arl.org/info/frn/copy/copytoc.html
Links to information about current copyright legislation and litigation, including the Digital Millenium Act.

Copyright: An Overview (Cornell University)
http://wwwsecure.law.cornell.edu/topics/copyright.html
Includes links to full-text documents, organizations, and other resources related to copyright and intellectual property.  Useful links to information regarding international copyright agreements (Berne Convention, et al.)

Copyright & Fair Use (Stanford University Libraries)
fairuse.stanford.edu/
Sponsored by the Stanford Libraries and the Council on Library Resources, this is perhaps the most comprehensive and well-organized single web sites related to current copyright law and legislation, including resources regarding evolving copyright issues related to digital information and telecommunications.   Includes extensive links to other sites

Copyright Resources Online
http://www.library.yale.edu/~okerson/copyproj.html
An extensive, thoughtfully assembled metasite developed by Ann Okerson, Yale University.  Links are provided to both university-related and non-university web sites




Copyright Resources on the Internet (Groton Public Schools)
http://groton.k12.ct.us/mts/pt2a.htm
A metasite devoted to copyright resources, particularly focussed on K-12 education, but including links of interest to higher education as well.

The Copyright Web Site
http://www.benedict.com/
Launched in 1995 by attorney Benedict O'Mahoney, this site endeavors to "provide real world, practical and relevant copyright information of interest to infonauts, netsurfers, webspinners, content providers, musicians, appropriationists, activists, infringers, outlaws, and law abiding citizens."  Includes an interesting section that discusses "notorious pillagers of copyright on the big screen."

Public Domain (University of North Carolina, Chapel Hill)
http://www.unc.edu/~unclng/public-d.htm
A useful table developed by Laura Gasaway that outlines the current terms and definitions of public domain.  Includes material from new Term Extension Act, PL 105-298

Copyright Duration
        http://cidc.library.cornell.edu/copyright
When Copying Is OK -- The 'Fair Use' Rule (via Nolo Press) http://www.nolo.com/lawcenter/ency/article.cfm/objectID/C3E49F67-1AA3-4293-9312FE5C119B5806

Fair Use Frequently Asked Questions (and Answers) (via Electronic Frontier Foundation)
http://www.eff.org/IP/eff_fair_use_faq.html

Getting Permission to Publish: Ten Tips for Webmasters (via Nolo Press)
http://www.nolo.com/lawcenter/ency/article.cfm/objectID/8CD796F2-9770-4ECA-B8F2B4F66DB170F1

Indiana University Copyright Management Center
http://www.iupui.edu/~copyinfo/home.html
Extensive links to information about copyright as it impacts teaching and research, use of library resources, use of special media, rights and permissions.

Information Policy: Copyright and Intellectual Property (International Federation of Library Associations and Institutions [IFLA])
http://www.ifla.org/II/cpyright.htm
An extensive bibliography of online texts from IFLA and other sources dealing with copyright and intellectual property issues and policies.  Includes a number of resources dealing with digital media.

Stanford University Copyright & Fair Use Site
http://fairuse.stanford.edu/

The Council on Library Resources' Statement on the Fair Use Doctrine
http://fairuse.stanford.edu/library/clrfu.html

Ten Big Myths About Copyright Explained
http://www.templetons.com/brad//copymyths.html
An opinionated but useful attempt to answer common myths about copyright seen on the net and to cover issues related to copyright and Internet publication, by Brad Templeton.

Use of Film/Video/TV in the Classroom
American Library Association) LARC (Library and Research Center) Fact Sheet Number 7:  Video & Copyright
http://www.ala.org/library/fact7.html
Somewhat overly conservative (particularly in its discussions of on-site viewing of video in libraries), but generally useful overview of primary issues related to video copyright in libraries.

Association for Information Media and Equipment (AIME)
http://www.aime.org/
AIME is a media industry organization that acts in the interest of video and software producers and distributors.  The organization has produced a number of books and videos dealing with video and digital copyright (available for purchase from this web site)

Copyright, Fair Use, and Other Legal Matters: Film/Television/Video Topics http://www.tcf.ua.edu/ScreenSite/res/bib/copyright.htm
Part of the excellent ScreenSite film studies web (University of Alabama), this metapage offers links to a wide variety of sites related to copyright, film and video, and the arts in general.

Kastenmeier Guidelines for Off-Air Taping
http://www.library.unt.edu/copyright/use.htm#Off-Air (via University of North Texas)
http://www.lib.berkeley.edu/MRC/Kastenmeier.html (via UC Berkeley)

Copyright, Intellectual Property, Video & Multimedia: A Selected Bibliography (UC Berkeley Media Center)
http://www.lib.berkeley.edu/MRC/copyrightbib.html
An annotated list including includes books, articles, videos, web sites related to video and copyright

Copyright & Fair Use Tutorials

Copyright Bay/Fair Use Harbor
http://www.nmjc.cc.nm.us/copyrightbay/coprbay.htm
A wonderfully goofy and informative site that provides interactive tutorials related to copyright and fair use issues for various media.  The "AudioVisual Lagoon" section provides an excellent introduction to video, fair use, and public performance issues.  Includes a good selective bibliography of print and online sources.

Crash Course in Copyright (University of Texas)
http://www.utsystem.edu/ogc/intellectualproperty/cprtindx.htm
A thoughtfully developed overview and introduction to copyright law aimed at higher education, but exceptionally useful for teachers and librarians in all settings.  Separate tutorial modules are provided for various media, including videos, images, graphics, and music.  Higher bandwidth users can listen to a spoken narrative of the tutorial.

Digital/Online Media - General

An Intellectual Property Law Primer for Multimedia and Web Developers
http://www.eff.org/pub/Intellectual_property/multimedia_ip_primer.paper
A straightforward discussion (with good examples) authored by J. Dianne Brinson and Mark F. Radcliffe and geared primarily to web and multimedia developers in the commercial sector.  


Fair Use in the Electronic Age: Serving the Public Interest
http://arl.cni.org/scomm/copyright/uses.html
An outgrowth of discussions among a number of library associations regarding intellectual property, and in particular, the concern that the interests and rights of copyright owners and users remain balanced in the digital environment.

Online Fair Use Of Copyrighted Material: Issues And Concerns  (via Electronic Frontier Foundation) http://www.eff.org/IP/fair_use_online.article 


Multimedia Fair Use Guidelines

Fair Use and Multimedia (Stanford University)
http://fairuse.stanford.edu/multimed/
Part of Stanford's superlative copyright and fair use web site (http://fairuse.stanford.edu/), this page provides extensive links to various sites and resources related to copyright, multimedia, and digital technologies.

Full-text of Guidelines and supporting documentation (Indiana University)
http://www.indiana.edu/~ccumc/mmfairuse.html
http://www.utsystem.edu/mis/ogc/intellectualproperty/ccmcguid.htm

 
CCUMC Copyright Initiatives
http://www.indiana.edu/~ccumc/copyright.html
Provides historical background on the development of the Multimedia Fair Use Guidelines.

Educational Fair Use Guidelines for Multimedia: A Summary of Concerns
http://www.arl.org/info/frn/copy/mmedia.html
The Association of Research Libraries' fact sheet in response to the CCUMC guidelines.


Fair Use in Multimedia: Digital Age Copyright (ARL online newsletter)
http://www.arl.org/newsltr/185/fairuse.html
An article by Stacey Carpenter, Multimedia Communications, Information Technology Division, Emory University, generally discussing the concept of fair use in an age of digital reproduction, the evolving classroom needs in a digital environment, and the pitfalls of the CCUMC Guidelines.

Library Issues: Multimedia and Fair Use: The Practical Side of a Philosophical Debate
http://www.libraryissues.com/pub/LI9803.asp
A lengthy discussion of the development and current status of the CCUMC guidelines.  Includes discussions of the objections raised by ALA and other groups regarding the limitations and shortcomings of these guidelines.  Article includes good selective webliography of sites related to multimedia, copyright, and fair use.

Multimedia Fair Use Guidelines: Background and Summary
http://www.libraries.psu.edu/mtss/fairuse/dalziel.html
A document authored by Chris Dalziel, Executive Director, Instructional Telecommunications Council, Pennsylvania State University, that provides background information about the development of the Multimedia Guidelines and opinions regarding the interpretation and utility of these guidelines in a university setting.

George Mason University, Dept. of Instructional Improvement and Instructional Technology
http://www.doiiit.gmu.edu/copyright.htm
Includes good brief summaries and reasonable interpretations of copyright and various fair use guidelines as they pertain to instructional technologies.  Site incorporates links to other web resources for specific points being made.





GaryAt 09:34 PM 1/23/2003 -0800, you wrote:
Gary,

Thank-you for clarifying this. I was not aware of the distinction between
"fair use" and "first sale", which as it affects library practice makes a
difference. However, I can understand holding a library (lender) liable for
knowingly allowing copyrighted material to used illegally. Its similar to
the impact of the Patriot Act.


Would you refer me to some titles on media Copyright and media
librarianship?

Robert


From: Gary Handman <ghandman@library.berkeley.edu>
Reply-To: videolib@library.berkeley.edu
To: Multiple recipients of list <videolib@library.berkeley.edu>
Subject: Re: copyright question
Date: Thu, 23 Jan 2003 16:43:42 -0800 (PST)

--=====================_30837625==_.ALT
Content-Type: text/plain; charset="us-ascii"; format=flowed

Robert:

I appreciate your input, but you are fairly seriously wrong
here.   Libraries are not exempt in any way shape or form from ANY of the
strictures governing public performance.  Fair Use does not enter in any
way into the issue.   In fact, Fair Use really doesn't apply to any of the
services or activities of a public library.   Practically the only Fair Use
loop hole that librarians can squeeze thru has to do with the use of video
in face-to-face teaching...and possibly the use of portions of copyrighted
works in connection with academic enterprise.

The loan of materials to patrons is allowed by the doctrine of First
Sale...it has nothing to do with copyright, actually, and nothing to do
with fair use at all.  There has been vague anecdotal evidence that
knowingly circulating materials for illegal use may put the lender at risk,
as well as the end-user.

If SJSU needs someone to teach media librarianship in the SLIS, I'm
available...

Gary




At 12:52 PM 1/23/2003 -0800, you wrote:
 >The issue of PPR and the liability of Library Loan and "Fair Use" goes
full
 >circle after examining the CopyRight Act, Section 107. In all of the legal
 >interpretations of Copyright the question of fair use examines the
 >intentions of the use of the copyrighted material and IF there will be any
 >commercial gain from that use. Educational institutions (which libraries
 >fall into this catagory) are exempt from the standard of public showing.
The
 >patron is using this legal extention in all copyright uses of the library.
 >If a patron violates the provision, its the patron NOT the "Educational
 >Institution" that is commiting the violation. Seems fair.
 >
 >Robert Mink
 >SJSU/SLIS
 >
 >
 >
 >From: Rick Faaberg <rfaaberg@attbi.com>
 >Reply-To: videolib@library.berkeley.edu
 >To: Multiple recipients of list <videolib@library.berkeley.edu>
 >Subject: Re: copyright question
 >Date: Thu, 23 Jan 2003 11:56:52 -0800 (PST)
 >
 >On 1/23/03 11:48 AM "Jessica Rosner" <jrosner@kino.com> sent this out:
 >
 >  > I think this is pretty
 >  > standard for so called "educational films"
 >
 >Yes it certainly is!
 >
 >At issue, though, is whether we actually need PPR, or rather, that Fair
Use
 >allow use of just about anything in the course of face-to-face instruction
 >in a classroom setting, including videos marked "home use only".
 >
 >Regards,
 >
 >Rick Faaberg
 >
 >
 >_________________________________________________________________
 >The new MSN 8: advanced junk mail protection and 2 months FREE*
 >http://join.msn.com/?page=features/junkmail

Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley
ghandman@library.berkeley.edu
http://www.lib.berkeley.edu/MRC
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Content-Type: text/html; charset="us-ascii"

Robert:

I appreciate your input, but you are fairly seriously wrong here.   Libraries are not exempt in any way shape or form from ANY of the strictures governing public performance.  Fair Use does not enter in any way into the issue.   In fact, Fair Use really doesn't apply to any of the services or activities of a public library.   Practically the only Fair Use loop hole that librarians can squeeze thru has to do with the use of video in face-to-face teaching...and possibly the use of portions of copyrighted works in connection with academic enterprise.

The loan of materials to patrons is allowed by the doctrine of First Sale...it has nothing to do with copyright, actually, and nothing to do with fair use at all.  There has been vague anecdotal evidence that knowingly circulating materials for illegal use may put the lender at risk, as well as the end-user. 

If SJSU needs someone to teach media librarianship in the SLIS, I'm available...

Gary




At 12:52 PM 1/23/2003 -0800, you wrote:
The issue of PPR and the liability of Library Loan and "Fair Use" goes full
circle after examining the CopyRight Act, Section 107. In all of the legal
interpretations of Copyright the question of fair use examines the
intentions of the use of the copyrighted material and IF there will be any
commercial gain from that use. Educational institutions (which libraries
fall into this catagory) are exempt from the standard of public showing. The
patron is using this legal extention in all copyright uses of the library.
If a patron violates the provision, its the patron NOT the "Educational
Institution" that is commiting the violation. Seems fair.

Robert Mink
SJSU/SLIS



From: Rick Faaberg <rfaaberg@attbi.com>
Reply-To: videolib@library.berkeley.edu
To: Multiple recipients of list <videolib@library.berkeley.edu>
Subject: Re: copyright question
Date: Thu, 23 Jan 2003 11:56:52 -0800 (PST)

On 1/23/03 11:48 AM "Jessica Rosner" <jrosner@kino.com> sent this out:

 > I think this is pretty
 > standard for so called "educational films"

Yes it certainly is!

At issue, though, is whether we actually need PPR, or rather, that Fair Use
allow use of just about anything in the course of face-to-face instruction
in a classroom setting, including videos marked "home use only".

Regards,

Rick Faaberg


_________________________________________________________________
The new MSN 8: advanced junk mail protection and 2 months FREE* 
http://join.msn.com/?page=features/junkmail

Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley
ghandman@library.berkeley.edu
http://www.lib.berkeley.edu/MRC
--=====================_30837625==_.ALT--


_________________________________________________________________
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Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley
ghandman@library.berkeley.edu
http://www.lib.berkeley.edu/MRC

--=====================_949453==_.ALT--