Re: [Videolib] Full length films on eReserve

Jessica Rosner (jrosner@kino.com)
Fri, 15 Sep 2006 12:49:39 -0400

Well I really wish that someone who actually believes there is ANY
reasonable way to interpret "fair use" as allowing you to use an entire
work would please look at the legal history and understand the concept of
"transformative" but I don't want to go into it AGAIN

I am not that knowledgeable on TEACH but I am pretty sure it applied
To distance learning only so same campus stuff would be out

On 9/15/06 12:15 PM, "M. Claire Stewart" <claire-stewart@northwestern.edu>
wrote:

> Unless exercising the exclusive rights under an exemption such as
> TEACH or fair use.
>
> Claire
>
>> No, not legal without permission. Downloading is patently illegal
>> and streaming is just plain illegal.
>>
>> Digitizing the work in the first place constitutes making a
>> derivative work (one of the exclusive rights of copyright holders)
>> and making the work available for either downloading or streaming is
>> basically infringing on the performance rights of the copyright
>> holder.
>>
>> Anyone know the current status of the proposed PERFORM Act?
>> http://arstechnica.com/news.ars/post/20060426-6679.html
>>
>>
>> Gary
>>
>> At 07:44 AM 9/15/2006, you wrote:
>>
>>> Hello,
>>>
>>> I hope some of you may have encountered this issue and can give our
>>> library some direction.
>>>
>>> Is it legal to put a full length copyrighted film on electronic
>>> reserve for students to download? What if the film is streamed
>>> instead?
>>>
>>> Thanks everyone for your help
>>>
>>> Mustafa Sakarya
>>> Head of Library Media Services
>>> Mercy College, Dobbs Ferry, NY
>>>
>> 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
>

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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