VIDEOLIB Archive: Re: [Videolib] protest music

PBS actually offers extended educational rights in many cases: see
http://www.pbs.org/teachersource/copyright/copyright_trights.shtm.
They've even defined a "Life of Tape" right. The target audience is
preK-12, but their language suggests that they'd be open to a request
from higher ed.

> Actually it is flat out illegal , no better or worse than buying or
> using a
> pirate dupe of a feature film. The off air rules are if anything more
> specific on this and clearly state that you can only use something
> off air
> for Either 30 or 60 days ( I forget which). I think EVEN Gary will
> agree on
> this one because there is no grey area on this
>
> The ONLY thing the guy is right about is that there is ZERO chance
> PBS would give him permission to use it. I don't know of any MAJOR
> Rights holder that would, though I think some independent folks might
> Image to to contrary PBS is NOT noted for its generosity in this area
>
> One extra bit of irony is that it very well could be that it is not
> been released because they could not afford to clear the music as that
> is really, really expensive
>
> Anyway cope with the guy as best you can but again this is not
> A tough one, off air copies ARE illegal after the first period of use
>
>
> On 7/27/06 11:02 AM, "M. Claire Stewart" <claire-
> stewart@northwestern.edu>
> wrote:
>
>> How does this violate copyright? I agree that, generally speaking,
>> you don't want to go making permanent libraries of off-air
>> recordings. But if you have a faculty member who is legitimately
>> using this for teaching, isn't the problem rather that this use
>> pushes the boundaries of what may be generally accepted as guidelines
>> for use of off-air recordings and/or repetitive use for reserves?
>>
>> If so, maybe you could make an exception, since the case is
>> compelling, and it sounds as though you've looked and cannot find the
>> item available for purchase. My feeling is that guidelines are there
>> to create "no brainers" and when there is a case that exceeds the
>> guidelines, it doesn't mean the use can't be supported, but rather
>> that a more in-depth evaluation is necessary.
>>
>> Claire
>>
>>> Dear Vid Libbers,
>>>
>>> I have an instructor who insists on putting an item on reserve that
>>> violates copyright. I have offered his mother options (like
>>> getting a
>>> legit item to replace, writing to get permission, updating his tired
>>> class/syllabus) but he claims that there are no other videos like
>>> this
>>> one that he taped from the TV years ago. I would love to stump
>>> him and
>>> get as good if not a better title.
>>>
>>> The original show was "Get Up, Stand Up", a PBS production. The
>>> basic
>>> topic is protest music or music that accompanies social change
>>> movements
>>> or the intersection of music and protest - you get the picture.
>>> I think
>>> that a great punk music documentary fits the bill quite well, but
>>> something tells me that the instructor wants something exactly
>>> like "Get
>>> Up, Stand Up" and nothing else.
>>>
>>> (His point is that he should be allowed to put this taped-from-TV
>>> thing on reserve indefinitely because (a) he has before and (b)
>>> he needs
>>> it for his class. Hardly compelling, I know but I would like to
>>> get him
>>> a legit replacement so as to put an end to the two semester long
>>> wrangle. Apparently he has a crystal ball too and can see that
>>> PBS would
>>> never give him permission to have it on reserve or show it.)
>>>
>>> Could you all suggest some titles, especially if you are familiar
>>> with
>>> Get Up, Stand Up?
>>>
>>> Thanks,
>>> Ciara
>>> VIDEOLIB is intended to encourage the broad and lively discussion of
>>> issues relating to the selection, evaluation,
>>> acquisition,bibliographic control, preservation, and use of current
>>> and evolving video formats in libraries and related institutions. It
>>> is hoped that the list will serve as an effective working tool for
>>> video librarians, as well as a channel of communication between
>>> libraries,educational institutions, and video producers and
>>> distributors.
>>
>
>
>
> Proud Resident of a BLUE STATE
>
> Jessica Rosner
> Kino International
> 333 W 39th St. 503
> NY NY 10018
> jrosner@kino.com
> 212-629-6880
>
>
> VIDEOLIB is intended to encourage the broad and lively discussion
> of issues relating to the selection, evaluation,
> acquisition,bibliographic control, preservation, and use of current
> and evolving video formats in libraries and related institutions.
> It is hoped that the list will serve as an effective working tool
> for video librarians, as well as a channel of communication between
> libraries,educational institutions, and video producers and
> distributors.

Judith Thomas
Robertson Media Center
University of Virginia Library
Charlottesville, VA 22904
(434) 924-8814 | jthomas@virginia.edu

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PBS actually offers extended = educational rights in many cases:=A0 see=A0http://www.pbs.org/teachersource/copyright/copyright_trights.shtm.=A0= They've even defined a "Life of Tape" right.=A0 The target audience is = preK-12, but their language suggests that they'd be open to a request = from higher ed.

--Judy = Thomas

Actually it is flat out illegal = , no better or worse than buying or using a
pirate = dupe of a feature film. The off air rules are if anything more
specific on this and clearly state that you can only = use something off air
for Either 30 or 60 days ( = I forget which). I think EVEN Gary will agree on
this one because there is no grey area on = this

The=A0 = ONLY thing the guy is right about is that there is ZERO = chance
PBS would give him permission to = use it. I don't know of any MAJOR
Rights holder = that would, though I think some independent folks might
Image to to contrary PBS is NOT noted for its = generosity in this area

One extra bit of irony is that = it very well could be that it is not
been released = because they could not afford to clear the music as that
is really, really expensive

Anyway = cope with the guy as best you can but again this is not
A tough one, off air copies ARE illegal after the = first period of use

On 7/27/06 11:02 AM, "M. Claire Stewart" <claire-stewart@northwester= n.edu>
wrote:

How does this violate copyright? = I agree that, generally speaking,
you don't = want to go making permanent libraries of off-air
recordings. But if you have a faculty member who is = legitimately
using this for teaching, isn't = the problem rather that this use
pushes the = boundaries of what may be generally accepted as guidelines
for use of off-air recordings and/or repetitive use = for reserves?

If so, maybe you could make an exception, since the = case is
compelling, and it sounds as = though you've looked and cannot find the
item = available for purchase. My feeling is that guidelines are = there
to create "no brainers" and when = there is a case that exceeds the
guidelines, = it doesn't mean the use can't be supported, but rather
that a more in-depth evaluation is = necessary.

Claire

Dear Vid = Libbers,

=A0I = have an instructor who insists on putting an item on reserve = that
violates copyright. I have = offered his mother options (like getting a
legit = item to replace, writing to get permission, updating his tired
class/syllabus) but he claims that there are no = other videos like this
one that he taped from the = TV years ago. I would love to stump him and
get as = good if not a better title.

The original show was "Get Up, = Stand Up", a PBS production. The basic
topic is = protest music or music that accompanies social change = movements
or the intersection of music and = protest=A0 - you get the = picture. I think
that a great punk music = documentary fits the bill quite well, but
Up, Stand Up" and nothing = else.

=A0(His = point is that he should be allowed to put this taped-from-TV
thing on reserve indefinitely because (a) he has = before and (b) he needs
it for his = class. Hardly compelling, I know but=A0 I would like to get = him
a legit replacement so as to put = an end to the two semester long
wrangle. = Apparently he has a crystal ball too and can see that PBS = would
never give him permission to = have it on reserve or show it.)

Could you all suggest some = titles, especially if you are familiar with
Get Up, = Stand Up?

Thanks,
VIDEOLIB is intended to = encourage the broad and lively discussion of
issues relating to the selection, = evaluation,
acquisition,bibliographic = control, preservation, and use of current
and = evolving video formats in libraries and related institutions. = It
is hoped that the list will serve as an = effective working tool for
video = librarians, as well as a channel of communication between
libraries,educational institutions, and video = producers and
distributors.
=

=

Proud = Resident of a BLUE STATE

Jessica Rosner
Kino International
333 W = 39th St. 503
NY NY 10018
jrosner@kino.com
212-629-6880

VIDEOLIB is intended to encourage the broad and = lively discussion of issues relating to the selection, evaluation, = acquisition,bibliographic control, preservation, and use of current and = evolving video formats in libraries and related institutions. It is = hoped that the list will serve as an effective working tool for video = librarians, as well as a channel of communication between = libraries,educational institutions, and video producers and = distributors.

Judith Thomas

Robertson Media Center

University of Virginia Library

Charlottesville, VA 22904

(434) 924-8814 | jthomas@virginia.edu