Re: [Videolib] "electronic digital video reserves"

Gary Handman (ghandman@library.berkeley.edu)
Thu, 15 Sep 2005 12:06:33 -0700

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Nowhere does Section108 make the distinction between fictional/feature
works and non-fiction, Jessica. The reason most of us don't apply these
rights to works owned by Disney and other media megaliths is, frankly,
because we tend to be cowed and intimidated by their capitalist might (next
to producing heart-warming family fare, Disney's forte seems to be
intimidation).

Section 108 allows limited reproduction of works in analog or digital form
in cases where a legally-acquired copy of the work is at physical risk and
where that work is no longer obtainable on the open market at fair market
price. Section 108 DOES NOT adress the transmission of such works over
wide-area networks, either digital or analog.

Gary

At 12:17 PM 9/15/2005 -0400, you wrote:
>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 copyof is to be kept.
>
>Jessica
>
>
>
>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>http://www.lib.berkeley.edu/MRC
>
> <http://www.lib.berkeley.edu/MRC> ****
>
>"Movies are poems, a holy bible, the great mother of us."
> --Ted Berrigan
>
>
>
>
>
>Proud Resident of a BLUE STATE
>
>Jessica Rosner
>Kino International
>333 W 39th St. 503
>NY NY 10018
>jrosner@kino.com
>212-629-6880

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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Nowhere does Section108 make the distinction between fictional/feature works and non-fiction, Jessica.  The reason most of us don't apply these rights to works owned by Disney and other media megaliths is, frankly, because we tend to be cowed and intimidated by their capitalist might (next to producing heart-warming family fare, Disney's forte seems to be intimidation). 

Section 108 allows limited reproduction of works in analog or digital form in cases where a legally-acquired copy of the work is at physical risk and where that work is no longer obtainable on the open market at fair market price.  Section 108 DOES NOT adress the transmission of such works over wide-area networks, either digital or analog.

Gary


At 12:17 PM 9/15/2005 -0400, you wrote:

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 copyof  is to be kept.

Jessica



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

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

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





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

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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