RE: [Videolib] "electronic digital video reserves" clarification

Pat Mcgee (PMcGee@tntech.edu)
Thu, 15 Sep 2005 13:20:44 -0500

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Hi all,
=20
I do want to make clear that if we did this the resulting file would not
be on the Internet, but rather on a closed Intranet--i.e. available only
to those who came to the Media Center and logged on to our machines.
Titles would be viewed only, not copied, and I am primarily referring to
non-fiction out of print film--not features. I suppose [to make the
issue more comples] it is analagous to doing a digital closed circuit
showing.
=20
Pat

________________________________

From: videolib-bounces@library.berkeley.edu
[mailto:videolib-bounces@library.berkeley.edu] On Behalf Of Jessica
Rosner
Sent: Thursday, September 15, 2005 11:18 AM
To: videolib
Subject: Re: [Videolib] "electronic digital video reserves"

Gary
I know we disagree on what 108 is really for ( Anyone who wants
to test it should make a copy of out of print
Disney title and sent them a letter saying they had to make a
copy because it was out of print) however making
a copy AND PUTTING IT UP ON THE INTERNET are two VERY different
things and as I recall the section is most explicit
about a "copy" of is to be kept.
=09
Jessica
=09
=09
=09
OK...this from "I'm Not a Lawyer" Handman:
=09
If it were me, this would be the litmus:
=09
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)
=09
Gary
=09
Remember: Fair use for video ain't fair use for paper (and vice
versa)
=09
At 09:23 AM 9/15/2005 -0500, you wrote:
=09

I know this is not a list of lawyers,
but some of our older, op videos are taking heavy use
this semester. =20
=20
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.
=20
Thanks,
Pat McGee
Coordinator of Media Services
Angelo and Jennette Volpe Library & Media Center
Tennessee Technological University
Box 5066
Cookeville, TN 38505=20
931-372-3544
Fax 931-372-6112
=09

Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley
ghandman@library.berkeley.edu
http://www.lib.berkeley.edu/MRC
=09
<http://www.lib.berkeley.edu/MRC>
<http://www.lib.berkeley.edu/MRC> ****
=09
"Movies are poems, a holy bible, the great mother of us."
--Ted Berrigan
=09

Proud Resident of a BLUE STATE
=20
Jessica Rosner
Kino International
333 W 39th St. 503
NY NY 10018
jrosner@kino.com
212-629-6880

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Re: [Videolib] "electronic  digital video = reserves"

Hi=20 all,
 
I do=20 want to make clear that if we did this the resulting file would = not be on=20 the Internet, but rather on a closed Intranet--i.e. available only to = those who=20 came to the Media Center and logged on to our machines. Titles = would be=20 viewed only, not copied, and I am primarily referring to non-fiction out = of=20 print film--not features.  I suppose [to make the issue more = comples] it is=20 analagous to doing a digital closed circuit showing.
 
Pat


From: = videolib-bounces@library.berkeley.edu=20 [mailto:videolib-bounces@library.berkeley.edu] On Behalf Of = Jessica=20 Rosner
Sent: Thursday, September 15, 2005 11:18 = AM
To:=20 videolib
Subject: Re: [Videolib] "electronic digital video=20 reserves"

Gary
I know we disagree on what 108 is = really for (=20 Anyone who wants to test it should make a copy of out of = print
Disney title=20 and sent them a letter saying they had to make a copy because it was = out of=20 print) however making
a copy AND PUTTING IT UP ON THE INTERNET are = two VERY=20 different things and as I recall the section is most explicit
about = a=20 “copy” of  is to be = kept.

Jessica



OK...this from=20 "I'm Not a Lawyer" Handman:

If it were me, this would be the=20 litmus:

1.  If the title is still commercially-available, = I'd say=20 you need to secure rights
2.  If the title is out of = distribution, I'd=20 go for it (hiding behind Section 108 of the C.=20 law)

Gary

Remember:  Fair use for video ain't fair = use for=20 paper (and vice versa)

At 09:23 AM 9/15/2005 -0500, you=20 wrote:
I know this is not a list of = lawyers,
but some of=20 our older, op videos are taking heavy use this semester.=20  
 
Would it be allowable to put a digital version = on an=20 Intranet [available only in the library, with password protection, = only for=20 this semester]?  The titles would be removed at the end of the=20 semester, and of course we are using only legally purchased copies. =  We=20 would not be offering this to distance students, so presumably the = TEACH act=20 would not apply.  Is this Fair Use in the same sense that = electronic=20 'paper' reserves are? I know the face to face permission does not=20 apply.
 
Thanks,
Pat McGee
Coordinator of Media=20 Services
Angelo and Jennette Volpe Library & Media=20 Center
Tennessee Technological University
Box = 5066
Cookeville, TN=20 38505
931-372-3544
Fax = 931-372-6112
Gary=20 Handman
Director
Media Resources Center
Moffitt Library
UC = Berkeley
ghandman@library.berkeley.edu
http://www.lib.berkeley.edu/MRC<= /A>

 <http://www.lib.berkeley.edu/= MRC>=20 ****

"Movies are poems, a holy bible, the great mother of=20 = us."
           = ;   --Ted=20 Berrigan




Proud Resident of a = BLUE=20 STATE
 
Jessica Rosner
Kino International
333 W 39th = St.=20 503
NY NY=20 10018
jrosner@kino.com
212-629-6880
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