Re: [Videolib] One last "fair use " note

Gary Handman (ghandman@library.berkeley.edu)
Fri, 24 Feb 2006 14:02:20 -0800

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I think you've got the wrong take on these issues, Jocelyn.

We're all trying to figure out what the next steps are in terms of
providing access to our collections. It's obvious that digital looms large.
It's also true that the uses of our collections and the demands of
our clients are changing rapidly. We're a service-oriented
profession, and providing broad, equitable, and timely access is our
metier. In considering the future, I don't think we're "skirting
the edges of legality" as much as we are trying to figure out what
our fair use rights are in the changing environment, as well as what
the new economic and technological models of content delivery and
access might be.

In this changing environment, very little is defined or nailed firmly
down... It's a world in which large and powerful content owners are
increasingly stepping on and attempting to limit the definitions of
fair use and "public good." In such an environment, I think it's our
professional obligation to lobby for retention and extension of the
constitutionally-defined rights we've been given while also
assiduously respecting intellectual property rights of authors and
other cultural content creators.

(And god help us if all we're doing is responding to faculty whim...)

Gary

By the way Jessica, I think you're wrong about fair use simply being
a safe harbor from copyright infringement litigation...

At 12:29 PM 2/24/2006, you wrote:
>I've been following the "fair use," "face to face showings," and
>other copyright issues debate with a great deal of interest. As a
>long-time independent producer and entrepreneur, I'm just completely
>baffled by the question of why professional librarians wd even dream
>of risking personal and institutional liability (to say nothing of
>reputation) by skirting the edges of legality in the service of
>aggressive and misinformed faculty members who wd (in my opinion)
>not be even a little bit grateful to them for taking the risk.
>
>Jocelyn Riley
>HerOwnWords.com
>NontraditionalCareers.com

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

*****

"In societies where modern conditions of production prevail,
all of life presents itself as an immense accumulation of
spectacles."
--Guy Debord
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I think you've got the wrong take on these issues, Jocelyn.

We're all trying to figure out what the next steps are in terms of providing access to our collections. It's obvious that digital looms large. 
It's also true that the uses of our collections and the demands of our clients are changing rapidly.  We're a service-oriented profession, and providing broad, equitable, and timely access is our metier.   In considering the future, I don't think we're "skirting the edges of legality" as much as we are trying to figure out what our fair use rights are in the changing environment, as well as what the new economic and technological models of content delivery and access might be.  

In this changing environment, very little is defined or nailed firmly down...  It's a world in which large and powerful content owners are increasingly stepping on and attempting to limit the definitions of fair use and "public good."  In such an environment, I think it's our professional obligation to lobby for retention and extension of the constitutionally-defined rights we've been given while also assiduously respecting intellectual property rights of authors and other cultural content creators.

(And god help us if all we're doing is responding to faculty whim...)

Gary

By the way Jessica, I think you're wrong about fair use simply being a safe harbor from copyright infringement litigation...



At 12:29 PM 2/24/2006, you wrote:

I've been following the "fair use," "face to face showings," and other copyright issues debate with a great deal of interest.  As a long-time independent producer and entrepreneur, I'm just completely baffled by the question of why professional librarians wd even dream of risking personal and institutional liability (to say nothing of reputation) by skirting the edges of legality in the service of aggressive and misinformed faculty members who wd (in my opinion) not be even a little bit grateful to them for taking the risk.
 
Jocelyn Riley
HerOwnWords.com
NontraditionalCareers.com

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

*****

"In societies where modern conditions of production prevail,
           all of life presents itself as an immense accumulation of spectacles."
               --Guy Debord

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