Re: [Videolib] "electronic digital video reserves"

Gary Handman (ghandman@library.berkeley.edu)
Thu, 15 Sep 2005 08:43:41 -0700

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OK...this from "I'm Not a Lawyer" Handman:

If it were me, this would be the litmus:

1. If the title is still commercially-available, I'd say you need to
secure rights
2. If the title is out of distribution, I'd go for it (hiding behind
Section 108 of the C. law)

Gary

Remember: Fair use for video ain't fair use for paper (and vice versa)

At 09:23 AM 9/15/2005 -0500, you wrote:
>I know this is not a list of lawyers,
>but some of our older, op videos are taking heavy use this semester.
>
>Would it be allowable to put a digital version on an Intranet [available
>only in the library, with password protection, only for this
>semester]? The titles would be removed at the end of the semester, and of
>course we are using only legally purchased copies. We would not be
>offering this to distance students, so presumably the TEACH act would not
>apply. Is this Fair Use in the same sense that electronic 'paper'
>reserves are? I know the face to face permission does not apply.
>
>Thanks,
>Pat McGee
>Coordinator of Media Services
>Angelo and Jennette Volpe Library & Media Center
>Tennessee Technological University
>Box 5066
>Cookeville, TN 38505
>931-372-3544
>Fax 931-372-6112

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

****

"Movies are poems, a holy bible, the great mother of us."
--Ted Berrigan
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OK...this from "I'm Not a Lawyer" Handman:

If it were me, this would be the litmus:

1.  If the title is still commercially-available, I'd say you need to secure rights
2.  If the title is out of distribution, I'd go for it (hiding behind Section 108 of the C. law)

Gary

Remember:  Fair use for video ain't fair use for paper (and vice versa)

At 09:23 AM 9/15/2005 -0500, you wrote:

I know this is not a list of lawyers,
but some of our older, op videos are taking heavy use this semester. 
 
Would it be allowable to put a digital version on an Intranet [available only in the library, with password protection, only for this semester]?  The titles would be removed at the end of the semester, and of course we are using only legally purchased copies.  We would not be offering this to distance students, so presumably the TEACH act would not apply.  Is this Fair Use in the same sense that electronic 'paper' reserves are? I know the face to face permission does not apply.
 
Thanks,
Pat McGee
Coordinator of Media Services
Angelo and Jennette Volpe Library & Media Center
Tennessee Technological University
Box 5066
Cookeville, TN 38505
931-372-3544
Fax 931-372-6112

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

****

"Movies are poems, a holy bible, the great mother of us."
               --Ted Berrigan

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