Re: [Videolib] RE: Insight Media's policy on digitization and

Jessica Rosner (jrosner@kino.com)
Wed, 15 Feb 2006 10:51:55 -0500

I meant ENTIRE feature films. Fair use limits to small portions though
The exact portion is up for debate. Sorry if you thought otherwise
Face to face of course covers full features in standard classroom settings

On 2/15/06 9:58 AM, "M. Claire Stewart" <claire-stewart@northwestern.edu>
wrote:

> I like Gary's earlier idea/musing about a possible collaborative
> project. It could be JSTOR for video: a joint project to centrally
> house stream video to multiple campuses.
>
> I also wanted to respond to Jessica's earlier comment about fair use.
> It's not accurate to say that fair use doesn't apply to feature
> films. There are no classes of works that are exempted in the law,
> nor have courts generally excluded them. You may be thinking of some
> sections of 108. You might also be referring to TEACH, but even
> TEACH could be construed to cover such: "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" (emphasis added).
>
> I am also puzzled by something Chip said earlier about public
> performance rights, and I'm not clear if the comment was specific to
> CTC or making a general case when PPR is purchased. If libraries
> purchase titles and also purchase PPR to cover any showings that
> might occur outside of a class setting, they are not necessarily
> obligated to purchase a digitization/streaming license in support of
> classroom streaming, as long as the use can be defended under TEACH
> or fair use. If the entire purchase is governed by a license,
> different story.
>
> And an earlier comment by Jonathan: I don't think anyone, including
> me, is suggesting that we will not continue to purchase video titles.
> I don't know where that riff about piracy came from, but no way am I
> suggesting that local digitization and streaming will replace
> legitimate purchase. I'm just questioning whether we have to buy and
> keep on paying to do it.
>
> I agree that we might be talking about multiple tiers, but I rather
> hope the model for digital subscription is slow to develop. Ejournals
> have been both a blessing and a curse (budgets and long-term
> archiving, as has been pointed out) and I don't think we should be in
> a rush to start renting rather than owning our collections.
>
> Claire
>
> At 4:17 PM -0500 2/14/06, Jerry Notaro wrote:
>> Here's what I'm concerned about (well, one thing among many many
>> many things)...
>>
>> One of my favorite classical allusions (pardon me if I've already
>> flung this one out...) is the story of Procustes...nasty thuggy guy
>> who invited travellers into his home, let them sleep on a tiny
>> little bed...in middle of nite, cut off their heads and feet to
>> match the size of the bed...
>>
>> What's this have to do with streamed media? Wellllllll....
>>
>> You got a large content universe that is used in diverse ways by a
>> diverse clientele. You got a teeeeeny little part of that universe
>> that is available in a gee-whiz form of delivery (an expensive form
>> of delivery, at that). I have a strong feeling that there's gonna
>> be a lot of head-and-feet lopping off going on...all (and only) the
>> media that's fit to stream.
>>
>> The fact of the matter is (with profound apologize to my many
>> colleagues and friends on the distribution side...you know I love
>> you!): when I look at the range of titles in my collection that are
>> typically screened in class or assigned for viewing outside of class
>> over the course of a semester, very few (and I mean VERY few) are
>> titles from distributors that offer digital rights (or are likely to
>> offer such rights in the near future). If use or projected use of
>> titles is the key benchmark in determining which rights to buy,
>> we've got problems, Huston...
>>
>> I'm not willing (and probably wouldn't be able) to go down the
>> Procustes road...trying to cut classroom and research need to fit
>> the size of the digital bed. Scoring rights and going thru the
>> effort to digitize materials in vague anticipation of need or use
>> just ain't gonna cut it, either...
>>
>> Anyone else?
>>
>> I'll bite. Let me give an historical analogy which directly involved
>> media. Many of you remember when media did not circulate, were not
>> cataloged, and were not classified. Schools were among the first to
>> tackle treating media the same as books, though we didn't have the
>> help to do all that processing. Many school media specialists only
>> ordered those titles that came classified and with catalog cards.
>> Some, like Demco, even put them in boxes and would deliver them
>> fully processed. Those titles soon became the best selling, not
>> necessarily because they were the best for the situation, but
>> because of how they were delivered. Granted, not an exact analogy,
>> but historically accurate.
>>
>> Jerry, loving this discussion
>

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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