RE: [Videolib] question on copyrights

Brewer, Michael (brewerm@u.library.arizona.edu)
Wed, 22 Feb 2006 09:36:17 -0700

Jessica,

I have not been talking about streaming to anyone anytime anyplace (or
anywhere close to this). I have been discussing in which situations (if
any) fair use would cover the streaming of an entire film to a class or
to reserves (only to those registered, and only for the duration of the
class).

If a copy is damaged, a replacement would need to be purchased
regardless of whether or not you had made a digital copy for fair use
purposes (unless the film is unavailable in an unused copy, per section
108. In that situation, you could make a replacement copy).

The issue of needing to stream the film simultaneously to different
viewers (requiring more than one copy) IS an issue that must be
considered when fair use is weighed. This could easily be seen (by me,
for example) as negatively affecting the copyright holder (especially if
the film is in print). As such, it might very well tip the scales
against fair use. I don't think this issue is insurmountable, however.
There are means of allowing only a single digital transmission at a
time. This is an inconvenience to the user, but would protect the
copyright holder.

mb

Michael Brewer
Slavic Studies, German Studies & Media Arts Librarian
University of Arizona Library A210
1510 E. University
P.O. Box 210055
Tucson, AZ 85721
Voice: 520.307.2771
Fax: 520.621.9733
brewerm@u.library.arizona.edu

-----Original Message-----
From: videolib-bounces@library.berkeley.edu
[mailto:videolib-bounces@library.berkeley.edu] On Behalf Of Jessica
Rosner
Sent: Wednesday, February 22, 2006 8:12 AM
To: videolib@library.berkeley.edu
Subject: Re: [Videolib] question on copyrights

It is different both practically and legally. Frankly if you want the
total
convenience of any student being able to watch a film at any time in
as one media person once said to me referring to closed circuit system
"in the convenience of their dorm room" you are going to have to pay for
it.
However in many, many cases it won't be available at any price due to
issues
I have mentioned in previous posts. Frankly physical copies have
accepted
built in limitations. You might need more than one to meet demand, you
will
almost inevitably have to replace a lost or damaged copy, bottom line is
that over time it might cost you more than the $20 you paid for a copy.
What
You want is to pay $20 for a film, digitize a copy and have it forever
and
make available to any student or prof who needs it in conjunction with
an
academic activity. There may of course be a middle ground here in which
You might pay say a whopping $20 a year to do this but even that means
that those rights have to available for purchase and for many films they
are not and in some important cases may never be. And again per my
previous
post if it were legal to digitize a whole feature film for streaming
there
would be no difference between a copy you bought from a distributor and
a
copy you took out of video store, got from Netflix or borrowed on
interlibrary loan. I don't know of any small company selling what I will
call retail feature films that could survive if this were so.

On a much more important topic

GO CUBS ( shoot me Gary , Spring Training started and Susan roots for
the
Right team)

On 2/22/06 9:55 AM, "Susan Albrecht" <albrechs@wabash.edu> wrote:

> I think the question, though, Jessica, is why is it WORSE to stream a
film
> **that the institution owns** and then password protect it and make it
> available to only a particular class of students, than it would be to
have
> it on reserve? (There is no argument, correct?, that it's okay to
place
> any video a library owns on reserve?) IOW, what most of us have done
in
> the past is take that VHS or DVD that we *own* and place it on
> reserve. The students in that class would have to come into the
library
> during the hours that we're open, check it out and view it here.
Streaming
> and making it available, on a restricted basis, only changes the WAY
in
> which those same students view the film. In the streaming situation,
no
> fewer copies of the film are being purchased. So I guess I'm
scratching my
> head a little here about why this is worse than the old-fashioned
reserve
> system.
>
> Again, if the film were streamed into a classroom, it's no different
than
> the faculty member swinging by the library, checking out the video and
> showing it in his/her classroom. I just don't see why this would cut
into
> sales; the institution still has to buy the original copy that it's
going
> to stream. Maybe I'm giving away my position at a very small
institution
> in this response, though, and you're really thinking of large
universities?
>
> Susan at Wabash
>
>
>
> At 04:20 PM 2/21/2006 -0500, you wrote:
>> I too appreciate the discussion but do think it is more than a
stretch
>> and potentially dangerous to suggest that fair use would allow the
streaming
>> an an entire dramatic film WITHOUT the copyright holders permission.
I think
>> this goes against decades of accepted copyright and assumes that if
you only
>> violate ONE element of the 4 factors listed for Fair Use it is OK.
Taken to
>> its extreme it would also allow to digitize and stream whole books
under
>> copyright without permission etc. I don't think the idea of 3
minutes or no
>> more than 10 percent of a work was developed out of thin air. What I
always
>> like to respond in these cases is that if you feel this IS legal and
covered
>> than you should have the courage of your convictions and contact the
>> copyright holder be it Kino or Disney and tell them that this is your
>> understanding of the law and you are going to do it. While I am not a
big
>> fan of how Disney and over major studios handle stuff , the truth is
small
>> companies like Kino don't have the resources for much legal action (
though
>> we have taken some none at this point has been against an academic
>> institution).
>> As for what a company would "lose" if its films are streamed into a
>> classroom, the simple answer is the revenue we need to survive. The
average
>> Kino film costs $30 and most are bought by wholesalers at a steep
discount
>> If Kino sells a copy of Metropolis for $17 to a school that buys it
from
>> Ingram or Amazon etc and then streams it to classes all over its
entire
>> system we simply can't survive. We expect for instance different
campuses of
>> an institution to buy their own copy ( though can always interlibrary
loan)
>> and on very popular films a school might buy a few copies. What if
the
>> school just borrowed a legal copy from the local rental store and
digitized
>> that for streaming? I assume you can see the problem. Now I think we
are
>> more than open to working with schools on streaming when we have
rights and
>> can have some limits on the terms. There was an old joke by Goddard
that
>> eventually Hollywood would just make one film a year and everyone
would
>> watch that, well my fear of the slippery slope of thinking that you
can
>> digitize whole films under "Fair Use" is that some day everyone will
want to
>> digitize it from the SAME copy.
>>
>> For the record I personally take a liberal view of these things and
have
>> allowed several schools that have closed circuit campus systems to
use our
>> films AT NO EXTRA charge if it is just being sent to a single class
but this
>> is a lot different from giving unlimited access to both classes and
students
>> in those classes.
>>
>> It is already difficult and getting harder by the day to put out ANY
small
>> film on DVD. There are so many wonderful foreign & classic films we
COULD
>> put out if only we knew enough people would buy them. While streaming
should
>> theoretically be some kind of additional revenue stream under your
scenario
>> it would almost certainly be the death of putting any of these films
out.
>> As it stands I doubt we will ever put out another African film and I
can't
>> get Kino to release the 3 silent films by women directors that I
produced on
>> video on ONE DVD for $30 because their is not enough of a market. I
>> understand we really all want to work together so that everyone gets
what
>> They need but suggesting that schools can digitize whole films
without
>> compensation to rights holders is almost guaranteed to make fewer and
fewer
>> small films legally available
>>
>> OK long rant sorry still jet lagged
>> Because of lack of market
>
> Susan Albrecht
> Acquisitions Coordinator
> Wabash College Lilly Library
> Crawfordsville, IN
> x6216
> albrechs@wabash.edu
>
>
************************************************************************
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> ***
> "If you choose not to decide, you still have made a choice."--Neil
Peart
>
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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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