Re: [Videolib] off air recording and copyright

Jerry Notaro (notaro@stpt.usf.edu)
Fri, 28 Jul 2006 13:24:05 -0400

That seems to be the reasonable, proactive thing to do. Not just denying the
faculty member the ability to put it on reserve.

Jerry

> We do not turn away faculty-supplied reserve materials if, after offering
> alternatives from our collection, what we have does not meet the faculty
> member's needs. These materials go into the on-line catalog only on a
> faculty reserve list, are not announced to the campus at large that they are
> available, etc. That said, if we record a program off-air at faculty
> request, we do erase after 45 days. I account for what my department does,
> but do not attempt to police what faculty members do . That said, if I see
> that a faculty member is bringing the same title in semester after semester,
> I will search for and purchase it, if available, to help limit the number of
> legally questionable titles that come in for reserve.
> Hope this helps,
> Gail
>
> ~~~~~~~~~~~~~~~~~
> Gail B. Fedak, Manager
> Instructional Media Resources
> Middle Tennessee State University
> Murfreesboro, TN 37132
> phone 615-898-2740
> fax 615-898-2530
> email gfedak@mtsu.edu
> Web www.mtsu.edu/~imr
> ----- Original Message -----
> From: "Badilla-Melendez, Cindy" <CBADILLAME@stthomas.edu>
> To: <videolib@lists.berkeley.edu>
> Sent: Friday, July 28, 2006 9:35 AM
> Subject: RE: [Videolib] off air recording and copyright
>
>
>> I disagree,
>> Because just the fact that tape should it be destroyed 25 days after
>> recorded and you did not, that's already infringement of the law.
>> In your case, I would call the who ever has it archived (the TV channel,
>> or..) and ask for a copy just to put it on course reserve and them destroy
>> after that.
>>
>> Here, anything copy off air gets destroy after the 25 days unless
> permission
>> has been extended.
>>
>> But you can play with the law and words because at this moment the
>> copyrights are so confusing and wage.
>>
>> My 2 cents,
>> __________________________________________________
>> Cindy Badilla-Melendez
>> Media Resources Librarian
>> O'Shaughnessy-Frey Library,
>> University of St. Thomas
>> phone (651) 962-5464
>> fax (651) 962-5406
>>
>> -----Original Message-----
>> From: Rick Provine [mailto:provine@depauw.edu]
>> Sent: Friday, July 28, 2006 8:59 AM
>> To: videolib@lists.berkeley.edu; cmhealy@waketech.edu
>> Subject: Re: [Videolib] off air recording and copyright
>>
>> I will take a stab at this one...
>>
>> Lets look at the Fair Use argument. Just becauise the off-air
>> guidelines exist, that doesn't mean you can't make a Fair Use case for
>> an off-air recording. This one seems compelling to me.
>>
>> - It is not commercially available (at any price, much less a
>> "reasonable" price)
>> - The impact on the original work is nil
>> - The purpose of the use is educational, and you are not making copies
>> or otherwise distributing
>>
>> The fact that the content is not available any other way, and there is
>> no other available means for the faculty member to utilize this content
>> for his course makes this a defensible fair use argument. If this were
>> a Disney title, who deliberately manipulates out-of-print periods to
>> increase market value, it might be different. There is a used market
>> and there are options to obtain legal copies.
>>
>> But where is the harm here relative to the educational value?
>> Education is not in and of itself the criteria for fair use, but it is a
>> factor and, in this case, feels right to me. I would allow it in this
>> case.
>>
>> Rick
>>
>>
>> _____________________________
>> Rick Provine
>> Director of Libraries
>> DePauw University
>> 11 East Larabee Street
>> Greencastle, IN 46135
>> provine@depauw.edu
>> office 765-658-4435
>> mobile 765-301-0262
>> fax 765-658-4445
>>
>>>>> cmhealy@waketech.edu 7/28/2006 9:25 AM >>>
>> OK,OK -
>> Wait one second here. I know copyright is murky and filled with mere
>> guidelines as opposed to rules and laws and I know that there are no
>> copyright police around to bust me, but one area I am confident about
>> is off-air taping. It does not seem ambiguous that off-air tapes are
>> good for only a short time - 10 days ish - and then they have to be
>> destroyed.
>>
>> I am really surprised that at least two replies to my initial query
>> have suggested that this prof can go right on ahead and put a three
>> year
>> old taped-from-TV show on reserve. I also know that copyright law is
>> constantly up for interpretation but this seems a clear case. I don't
>> think it even merits "a closer look". If this item doesn't clearly
>> violate copyright, I will turn in my jr. deputy copyright cop badge
>> and
>> decoder ring for good and let things slide which would make every
>> single
>> person I work with jump for joy.
>>
>> Those of you who are academic librarians who work directly with media
>> and who don't care to hedge you bets with "take another look" or
>> "probably" or "depending on the details", please state clearly why you
>> would absolutely put this old home made tape on reserve.
>>
>> Ciara
>>
>>>>> notaro@stpt.usf.edu 7/28/2006 8:22 am >>>
>>
>>> FYI I have off air copies of THE GLITTERING PRIZES which PBS aired
>>> in the late 70s. It is considered to be one the best British
>>> series ever made. Never released in any format in any country
>>> Think I can loan out those puppies for classroom use ?
>>
>> Absolutely!
>>
>> Jerry
>>
>>
>> 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.
>> 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.
>> 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.
>> 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.
>>
>>
>
> 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.
>

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.