RE: [Videolib] Streaming and course management systems

Jed Horovitz (JedH@internetvideoarchive.com)
Mon, 22 Aug 2005 13:25:43 -0400

Not to be too picky because basically Jessica is correct that fair use has
been found not to cover this kind of thing and is generally superceded by
the TEACH act....but conceivably there could be a fair use of an entire work
under the right circumstances...again, I don't think this is it.

The solution is to ask for those rights when you buy something. If you
already own it, ask for the rights and be prepared to tell the distributor
that you won't buy more from them without it. When it comes to educational
media, libraries have a lot more clout than you think. Maybe you should
even get together and come up with a minimum rights package that you will
accept and not buy things without that. That's right ORGANIZE! It isn't
illegal yet.
Jed

-----Original Message-----
From: videolib-bounces@library.berkeley.edu
[mailto:videolib-bounces@library.berkeley.edu]On Behalf Of Jessica
Rosner
Sent: Monday, August 22, 2005 12:46 PM
To: videolib
Subject: Re: [Videolib] Streaming and course management systems

Well I guess you will have to look at the TEACH act very carefully as I am
not sure exactly how it applies but Fair Use has NOTHING to do with this
Fair use applies ONLY to using small portions of films( and other works) but
seems to get constantly mislabeled as part of the "face to face" teaching
exemption.

Also hate to open up the usual can of worms but you can understand how
distributors especially us small independent ones might be a tad sensitive
to the idea of digitizing material which in many cases even we can't afford
to do or have rights to do and make it available for the convenience of
class. God forbid the little dears should have to go take it out on reserve
or pay extra to see it on line.

Jessica
( who remains a happy luddite WITHOUT a DVD player anyway)

> I hope that some who are considering implementing such a service will
> decide that either fair use or the TEACH act will permit them to
> stream these titles without paying licensing fees.
>
> This statement, issued by ARL last year, may be worth a read (or a
> re-read) for applicability to non-print reserve services:
> <http://www.arl.org/newsltr/232/ereserves.html>
>
> Claire
>
> At 9:58 AM -0400 8/22/05, Meghann Matwichuk wrote:
>> Hello Patti (et. al.),
>>
>> Thanks for raising this topic on Video-lib -- I have just been
>> charged with investigating this topic as well! Please, group, reply
>> to the list if possible.
>>
>> The digital content service that I have been asked to find out more
>> about is called CDigix http://www.cdigix.com/website/cdigix/ -- does
>> anyone have any specific knowledge about this product? One library
>> we've talked with described the procedure they use when working with
>> this provider as follows:
>>
>> 1. Requests for providing media content online via CDigix go through
>> IT. IT coordinates the service with CDigix, including
>> troubleshooting and systems questions.
>>
>> 2. Faculty complete form on IT page and check box related to
>> educational use of the media. Library is not involved in researching
>> or obtaining copyright permissions to reformat or digitize media in
>> Library collection. The transaction is between the faculty member
>> and CDigix.
>>
>> 3. Library receives request for physical copy (VHS or DVD) from IT.
>> Copy must be a legal copy in Library collection.
>>
>> 4. Media is sent to IT for digitization.
>>
>> 5. At semester end, digital media files are scrubbed by IT.
>>
>> 6. Library continues to research, collect, catalog, house, and
>> maintain video for instructional use by faculty and students.
>>
>> Does this sound like the typical procedure used by other
>> institutions / academic libraries using streaming and course
>> management systems?
>>
>> Thanks in advance for any input,
>>
>> ******************************
>> Meghann R. Matwichuk, M.S.
>> Assistant Librarian
>> Instructional Media Department
>> Morris Library, University of Delaware
>> 181 S. College Ave.
>> Newark, DE 19717
>> (302) 831-1475
>>
>> Patricia McVay-Gorrell wrote:
>>
>>> Good morning,
>>> Our campus is investigating course management systems and the
>>> question that I'm presented with is "What steps need to be taken to
>>> stream educational and theatrical films to the 'chosen' system for
>>> specific class assignments?" The IT folks plan to have a dedicated
>>> server and they assured us that class assignments will be password
>>> protected.
>>> At this point, some of my questions are: would they be using clips
>>> vs. entire films; the issue of changing formats within copyright;
>>> how secure is the server and the course management system; are
>>> there 'guest' privileges for non-registered students; are the
>>> students permitted to download the film; server space issues--at
>>> least half of our course reserves are theatrical releases; how
>>> secure are the passwords and the people entrusted with them
>>> (smile); the estimated cost to the Libraries for each title;
>>> estimated turnaround time for the vendor's permission once a
>>> faculty member decides what films to use; turnaround time for
>>> changing the format; increase in our staff time, etc.
>>> Has anyone offered this service to their faculty yet? Or studied
>>> the issue and would you be willing to share your results? Please
>>> reply directly to <pmcvay@wooster.edu> unless others express an
>>> interest.
>>>
>>> Many thanks on this gorgeous Saturday morning in Ohio!
>>>
>>> Patti
>>>
>>>
>>> Patricia McVay Gorrell
>>> Media Library Manager
>>> Instructional Media Center
>>> The College of Wooster
>>> Gault Library
>>> 1140 Beall Avenue
>>> Wooster, OH 44691-2364
>>> 330-263-2285 (office)
>>> 330-263-2253 (fax)
>>> pmcvay@wooster.edu (e-mail)
>>>
>>> _______________________________________________
>>> Videolib mailing list
>>> Videolib@library.berkeley.edu
>>> http://www.lib.berkeley.edu/mailman/listinfo/videolib
>>>
>> _______________________________________________
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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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