RE: [Videolib] lending video and film

Brewer, Michael (brewerm@u.library.arizona.edu)
Fri, 8 Apr 2005 13:17:37 -0700

Jessica,

Here is the text: (from: http://www.copyright.gov/title17/92chap1.html#110 ).

(2) except with respect to a work produced or marketed primarily for performance or display as part of mediated instructional activities transmitted via digital networks, or a performance or display that is given by means of a copy or phonorecord that is not lawfully made and acquired under this title, and the transmitting government body or accredited nonprofit educational institution knew or had reason to believe was not lawfully made and acquired, the performance of a nondramatic literary or musical work or reasonable and limited portions of any other work, or display of a work in an amount comparable to that which is typically displayed in the course of a live classroom session, by or in the course of a transmission, if -

The place where I see most websites err in reference to this document (in my understanding) is that they do not note all the ORs. I have been in multiple classes in which an entire film (or more than one film) were shown. The above does not seem to exclude that, as it states that an "amount comparable to that which is typically displayed in the course of a live classroom session" is ok for TEACH. It does not qualify this statement with the former (i.e. it does not say that you can show an amount comparable to that with is typically shown in class IF it is a limited portion. It allows for reasonable and limited portions of works OR amounts shown in a class). This may be splitting hairs, but I think it is an important distinction, if in fact this is what is meant here. I can't say with absolute certainty that it is, but it sure seems like it.

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 11:51 AM
To: videolib
Subject: Re: [Videolib] lending video and film

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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