Re: [Videolib] lending video and film

Jessica Rosner (jrosner@kino.com)
Fri, 08 Apr 2005 13:50:50 -0500

I did a VERY quick check of TEACH info on the WEB and as far as could tell
you could ONLY use very limited portions of whole films for any digitizing &
streaming. It was the sort of standard definition for fair use and at least
to me seemed to clearly disallow the use of an entire film or a significant
portion. I tried to do a cut & paste on one but it did not seem to work.

Jessica

Jessica,
>
> I erred when I said TEACH covered the classroom. It covers anything that
> would normally happen in a classroom. As such, one could stream a film for a
> distance education class, or as part of an out of classroom assignment (within
> the restrictions imposed by TEACH - streaming/no saved cache, available only
> to students within the time the course is in session, part of an accredited
> non-profit educational institution, streamed from a legal copy, no streaming
> of works that are instructional/pedagogical in nature). Though TEACH does not
> say you can't use a whole film (if it is required for the
> educational/pedagogical goals of the course), I think the idea is that you
> would use what you would normally use in a class period (which would probably
> more likely be clips).
>
> mb
>
> Michael Brewer
> Slavic Studies, German Studies & Media Arts Librarian
> University of Arizona Library A210
> 1510 E. University
> P.O. Box 210055
> Tucson, AZ 85721
> Voice: 520.307.2771
> Fax: 520.621.9733
> brewerm@u.library.arizona.edu
>
> -----Original Message-----
> From: videolib-bounces@library.berkeley.edu
> [mailto:videolib-bounces@library.berkeley.edu] On Behalf Of Jessica Rosner
> Sent: Friday, April 08, 2005 9:48 AM
> To: videolib
> Subject: Re: [Videolib] lending video and film
>
> Well I hate to start a whole new argument but I would not try that on any
> studio owned film. I don't see where teach act gives you license to digitize
> and use either on demand or especially off site anything you have in the
> collection ( legal copies of course) This is an area where I am sure studios
> would litigate as it goes to the heart of their ownership. For example if
> you had course streaming CITIZEN KANE off site,or into classrooms etc AND
> WB heard about it they would come down like a ton of bricks not taking
> kindly to the idea that the purchase of a $15.95 video or DVD gave you the
> right to both alter it AND send it out.
>
> As usual I think we will have to wait for some incident to actually be
> litigated but I would not risk the exposure on something like that.
>
> Jessica
>
>
>> Why are you having to worry about licensing? Streaming into the classroom is
>> covered by the TEACH act (in my opinion, and in the opinion of nearly all
>> others I have read). We are looking into this technology, but I doubt we
>> will
>> move on it in the near future (on a large scale), though our library dean is
>> interested in the idea.
>>
>> mb
>>
>> Michael Brewer
>> Slavic Studies, German Studies & Media Arts Librarian
>> University of Arizona Library A210
>> 1510 E. University
>> P.O. Box 210055
>> Tucson, AZ 85721
>> Voice: 520.307.2771
>> Fax: 520.621.9733
>> brewerm@u.library.arizona.edu
>>
>> -----Original Message-----
>> From: videolib-bounces@library.berkeley.edu
>> [mailto:videolib-bounces@library.berkeley.edu] On Behalf Of Sarah Johnson
>> Sent: Friday, April 08, 2005 7:08 AM
>> To: videolib@library.berkeley.edu
>> Subject: RE: [Videolib] lending video and film
>>
>> I wonder if any of you are considering digitizing videos for streaming media
>> access both on campus and remotely. We are doing a small project with a
>> couple
>> of faculty members for classroom access only. I am stunned at the cost of
>> licensing, but the number of damaged, lost and out of print titles led us to
>> consider this as a solution to avoid duplication of titles for both campuses
>> and replacement difficulties and costs involved.
>>
>> Michael Brewer is correct - more and more film is being used in the
>> classroom.
>> We have more requests than we have money for and to lose the titles once they
>> have been acquired is distressing for faculty not to mention staff who have
>> to
>> deal with the complaints and trying to replace the titles. Any thoughts,
>> suggestions, experiences?
>>
>> We do not ILL media, by the way. As far as I know, the rest of community
>> colleges in Florida, 28 in all, do not loan media. I believe that the Florida
>> state universities loan to faculty on other campuses, but I do not know their
>> policies.
>>
>> Sarah Johnson
>> Polk Community College
>> Winter Haven, FL
>>
>> -----Original Message-----
>> From: videolib-bounces@library.berkeley.edu
>> [mailto:videolib-bounces@library.berkeley.edu] On Behalf Of Brewer, Michael
>> Sent: Thursday, April 07, 2005 11:20 AM
>> To: videolib@library.berkeley.edu
>> Subject: RE: [Videolib] lending video and film
>>
>> All,
>>
>> I think it is critical that we figure out how to better allow for the
>> borrowing of media from other institutions. I think most places that don't
>> allow borrowing do so because they don't trust that the media will return
>> undamaged.
>>
>> Film is being used more and more in courses and in scholarship across
>> disciplines. Films also often go out of print very quickly and are
>> damaged/lost/stolen at an exponentially higher rate than other media (at
>> least
>> in our library). In this new access over ownership environment, film
>> scholars
>> (and those that use film) end up getting the short end of the stick: because
>> we (I am speaking of our institution and others like it) focus on access and
>> put less money into purchasing materials as we did in the past, if we were
>> not
>> lucky enough to purchase all the films that our faculty would need in the
>> future at the time of their release (and that is never possible with the
>> funds
>> we are given) and even if none of those films were stolen, lost or damaged,
>> our faculty do not have the same access to items (films) we don't own through
>> ILL as our print oriented faculty have.
>>
>> It seems that, were clear stipulations on use (or levels of use) defined for
>> media loaned through ILL (perhaps some would loan only if the film were to be
>> used in a class or would remain in the library, or even, forgive me public
>> libraries, would only be loaned to academic libraries, etc.). Perhaps such
>> gradations of use already exist. I don't know. Because ILL is a separate
>> unit
>> in our library, I have very little to do with what goes on there. I have,
>> however, spoken with them about the issue of getting copies of videos that we
>> owned but were lost, stolen or damaged and are not available for sale from
>> other libraries (so we could make a legal copy) and was told that ILL
>> departments often can make special loan agreements on a case by case basis
>> for
>> things like this (to borrow an out of print video from a library that usually
>> doesn't loan videos in order to make a legal copy in house).
>>
>> Does VRT make recommendations to national ILL groups? How much control do
>> other media librarians have over whether or not their collections are loaned
>> out through ILL? If you have had control over this and have not allowed your
>> collection to be loaned out, why not? What are the issues/impediments? Are
>> there horror stories of what has happened when titles were loaned out, even
>> with strict limitations on their use?
>>
>> Thanks,
>>
>> mb
>>
>> Michael Brewer
>> Slavic Studies, German Studies & Media Arts Librarian
>> University of Arizona Library A210
>> 1510 E. University
>> P.O. Box 210055
>> Tucson, AZ 85721
>> Voice: 520.307.2771
>> Fax: 520.621.9733
>> brewerm@u.library.arizona.edu
>>
>> -----Original Message-----
>> From: videolib-bounces@library.berkeley.edu
>> [mailto:videolib-bounces@library.berkeley.edu] On Behalf Of Bergman, Barbara
>> J
>> Sent: Wednesday, April 06, 2005 4:11 PM
>> To: videolib@library.berkeley.edu
>> Subject: RE: [Videolib] lending video and film
>>
>>
>> Most of you have heard my pro-ILL soapbox speech before but...
>>
>> We starting lending 3 years ago. It's been a very positive experience.
>> As we all know, video collections are expensive. No library can possibly own
>> every video any more than it can have afford every book.
>>
>> We lend videos with minimal restrictions. (The one unbreakable restriction is
>> that it doesn't go out if there's an upcoming booking.)
>> We follow a reciprocal borrowing/lending policy in that we only borrow
>> material types that they will lend and vice versa. This is fairly common for
>> ILL (especially when it comes to charging a fee for lending). In translation:
>> We only lend videos to requesting libraries who allow us access to their
>> videos in exchange.
>> The first year, we compiled a list of all titles loaned and borrowed -- it
>> was
>> a fascinating mix of educational titles and feature films. We've consistently
>> borrowed twice as many videos as we'vee lent each semester.
>> ---------
>> Re: older formats. We will lend 16mm films on a case-by-case basis. Most of
>> the time when ILL staff replies with "Did you know this is a 16mm film?" the
>> response is "never mind I thought it was a videotape..."
>>
>> -------------
>> For policy, the VRT and ACRL have published guidelines that suggest video
>> ILL 
>> practices:
>>
>> Guidelines for Media Resources in Academic Libraries (1999)
>> http://www.ala.org/ala/acrl/acrlstandards/guidelinesmedia.htm
>>
>> 5.1 Media resources should be accessible through resource sharing, in
>> accordance with the ALA Video Round Table Guidelines for the Interlibrary
>> Loan
>> of Audiovisual Formats.
>> Commentary: Many libraries treat media collections as special collections and
>> prohibit their interlibrary loan. However, library users benefit when media
>> collections are included in resource-sharing programs. No library can meet
>> all
>> of its users' needs for media resources, but libraries are reluctant to lend
>> to our users if we do not lend to their users. The guidelines recognize that
>> some materials may be excluded, but in general, there is no reason to exclude
>> entire formats from interlibrary lending.
>>
>> VRT Guidelines for the Interlibrary Loan of Audiovisual Formats
>> (1997)http://www.ala.org/ala/vrt/pubguidelines/guidelinesinterlibrary.htm
>>
>>  
>> ------------
>>
>> Barb Bergman
>> Media Services Librarian
>> Minnesota State University-Mankato
>> (507) 389-5945
>>
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>
>
> Proud Resident of a BLUE STATE
>
> Jessica Rosner
> Kino International
> 333 W 39th St. 503
> NY NY 10018
> jrosner@kino.com
> 212-629-6880
>
>
>
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Proud Resident of a BLUE STATE

Jessica Rosner
Kino International
333 W 39th St. 503
NY NY 10018
jrosner@kino.com
212-629-6880

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