Re: [Videolib] Full length films on eReserve

John Vallier (vallier@u.washington.edu)
Fri, 15 Sep 2006 12:02:38 -0700

Colleagues:

I agree with Michael. It's my understanding that US Code Title 17,
Section 108--"Limitations on exclusive rights: Reproduction by libraries
and archives"--gives libraries and archives a number of options for
making copies of copyrighted works without securing permission from the
copyright holder.

Streaming and downloading raise other issues, but copying that is done
with Section 108 in mind--whether into analog or digital formats--is
legal (for now).

See the following URL for the complete text:
http://www.copyright.gov/title17/92chap1.html#108

-John
-------------------
John Vallier
Head of Multimedia Services
University of Washington Libraries Media Center

Gary Handman wrote:
> say what?
>
> copying a copyrighted work from one format to another (whatever the media
> involved) requires securing permission from the copyright holder. period.
>
> Gary
>
>
> Quoting "Badilla-Melendez, Cindy" <CBADILLAME@stthomas.edu>:
>
>> When you have a dvd or vhs and you transfer to an electronic format, that
>> it
>> is already illegal, does not matter if it protected or not.
>>
>> Cindy
>>
>>
>>
>>
>>
>> ________________________________________________________________
>>
>> Cindy Badilla-Melendez
>>
>> Media Resources Librarian
>>
>> (651) 962-5464
>>
>> University of St Thomas
>>
>> 2115 Summit Ave
>>
>> St Paul, MN 55105
>>
>> _____
>>
>> From: Daisy Dominguez [mailto:daisilla@yahoo.com]
>> Sent: Friday, September 15, 2006 11:17 AM
>> To: videolib@lists.berkeley.edu
>> Subject: Re: [Videolib] Full length films on eReserve
>>
>>
>>
>> Electronic reserves are usually password-protected so that only the
>> students
>> in your face-to-face instruction sessions can have access and you usually
>> have to accept the copyright statement before moving on to the article.
>> Does
>> that make a difference, so long as you discard the digitized version after
>> that semester? Also, isn't there a way to stream it (I'm not sure the term)
>> where it will technically prevent someone from downloading it? I'm just
>> checking...
>>
>>
>>
>> Daisy
>>
>>
>> Jessica Rosner <jrosner@kino.com> wrote:
>>
>> Well you can't digitize any copyrighted film without a license from the
>> rights holder so I don't
>> think the method makes much difference.
>> I really don't know what if any licenses from studios allow this but then
>> I
>> am pretty far behind.
>> I gather there are some companies who have deals with some rights holders
>> for downloading material
>> But I am kind of clueless that titles or types are available
>>
>> I know that we don't even have these rights for much of our library so I
>> couldn't license many of our titles if I wanted
>> To. Frankly I think this would go back to the same problem as PPR at
>> universities. Since there are thousands
>> Of CRUCIAL titles ( Chaplin, Fassbinder whatever) you could never get
>> rights on, it is a MESS
>> Technology is just way ahead of rights issues and I know a lot of cranky
>> rights holders who may never
>> Agree to this
>>
>>
>>
>> On 9/15/06 10:44 AM, "Sakarya, Mustafa" <MSakarya@mercy.edu> 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
>>
>>
>>
>>
>>
>> Proud Resident of a BLUE STATE
>>
>> Jessica Rosner
>> Kino International
>> 333 W 39th St. 503
>> NY NY 10018
>> jrosner@kino.com
>> 212-629-6880
>>
>>
>>
>>
>>
>> _____
>>
>> Get your email and more, right on the new
>> <http://us.rd.yahoo.com/evt=42973/*http:/www.yahoo.com/preview> Yahoo.com
>>
>>
>
>
>
>
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> 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.