RE: [Videolib] If I were a betting person

Steven Harris (stehar@library.lib.usu.edu)
Fri, 15 Sep 2006 17:38:40 -0600

What Gary said! To that I'd add that commerce's friends in high places pretty much made sure that the DMCA was a disaster from the "use" point of view.

--Steven Harris

>>> Gary Handman <ghandman@library.berkeley.edu> 09/15/06 4:41 PM >>>
Hmmmm

I don't quite get what the snippiness is about, Cameron (or am I
reading your tone wrong). Most of us on this list understand that
the copyright laws are intended to protect and encourage the creation
of intellectual property. Most of us also fully understand that it's
in our best interests to support the diverse community of film- and
videomakers...No one wants a constricted content universe and we get
the point that outside of the big studios, the waters are
economically rocky, to say the least. In short, no one on this list
is suggesting we wantonly trample on the rights of producers to make a buck.

On the other hand, we're librarians. We have a vested interest in
preserving the cultural record and in making resources as broadly
available as possible. As information providers, we have rights,
too. And I for one will go to the battlements to protect those
rights and extend them as far as I legally and morally can. We're
living in times in which commerce has more friends in high places
than education, in which litigiousness seems to have become a way of
life. I think that it's pretty easy for librarians to roll over and
play dead in such circumstances. There's a lot of scare and
misinformation out their... ( take Jessica's claustrophobic
definition of Fair Use, for example ;-{)} )

The laws governing the uses of analog media are ill-defined and
wobbly. The laws concerning the use of media in the digital domain
are bound to be even more so. Seems to me that, as librarians, it's
our duty to lobby for defining a legal environment for intellectual
property that both honors the economic interests of IP creators and
serves the broad needs of our users. I don't want Disney calling the shots...

Gary

At 03:01 PM 9/15/2006, you wrote:
>Claire
>
>If the laws of the land were changed to suit your needs, what do you predict
>would become of producers of copyrighted works for which there is NO
>"commercial" or "mass" market per se, but productions designed specifically
>for academic, instructional, and educational use and delivery (F2F, ITV,
>educational broadcast, VOD, etc.)?
>
>Cameron Cox
>INTELECOM
>
>
>-----Original Message-----
>From: owner-videolib@lists.berkeley.edu
>[mailto:owner-videolib@lists.berkeley.edu] On Behalf Of M. Claire Stewart
>Sent: Friday, September 15, 2006 2:34 PM
>To: videolib@lists.berkeley.edu
>Subject: Re: [Videolib] If I were a betting person
>
>I think you're probably right about more restrictions rather than
>less; it's the nature of negotiated changes to copyright law. It's
>almost by design: putting the two "sides" in a room and asking them
>to work it out may result in loss for both.
>
>Unfortunately, the alternative has also heavily favored the moneyed
>interests in this case. The public, or the "user" is often a
>relatively powerless party, particularly when the user most heavily
>impacted is in a generation yet-to-be-born.
>
>I take exception to the way you are stating this, Jessica. I do not
>believe that anyone on this list is trying to distort the law or rip
>anyone off. That may be true of 18 year olds swapping music, but it's
>not true of the vast majority of librarians.
>
>What I do think we believe is that the law's silence about many
>non-commercial uses of copyrighted material, particularly uses in
>educational environments many of us work in, should be interpreted to
>allow, not prohibit, the use. This is opposite to what many content
>holders believe, which is why we disagree.
>
>Claire
>
> >I would think sections of 108 might end up with MORE restrictions not less
> >When/if finally amended but then I am a cynic
> >The section involving making copies if yours is lost was clearly intended
> >for music. However most right holders are kind of focusing on things like
> >Illegal downloads etc so I doubt they will really do anything there.
> >
> >The LOC liaison on this reported that the sticking point on the amendment
> >involving allowing use of material in the last 20 years where you COULD
> >NOT track down the rights holder was photographs and that the outlook was
> >Grim
> >
> >While I find the constant expansion of the lengh of copyright somewhat
> >unfair, I don't really accept the idea that rights holders are greedy
>people
> >who deserve to be ripped off if one can find a legal way to do it.
> >
> >Studios spend a lot of money on the films in their libraries and I see no
> >reason why they don't get to control pretty much everything they want to
> >about them for several decades at least. As previously noted the MASSIVE
> >complications involving thousands if not tens of thousands of different
> >rights holders just for feature films are never really going to permit
> >easy one stop shopping. Hey guys if it WERE easy , why would they
> >need media librarians
> >
> >
> >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.
>
>
>--
>____________________________________________________
>M. Claire Stewart
>Acting Head, Marjorie I. Mitchell Multimedia Center
>Coordinator of Digitization Projects, Northwestern University Library
>(847) 467-1437
>claire-stewart@northwestern.edu
>http://www.library.northwestern.edu/cstewart/
>http://copyrightreadings.blogspot.com
>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.

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

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.