[Videolib] Re: PERFORM Act status

Jeanette Mosey (jmosey@austincc.edu)
Mon, 18 Sep 2006 09:39:28 -0500

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Senate Bill # S.2644 and House Bill # H.R. 5361

Status is "Referred to the House Committee on the Judiciary on 5/11/06

-- Jeanette

At 10:25 AM 9/15/2006, Gary Handman wrote:
>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

=================================
Jeanette Mosey, Ph.D., Librarian/Professor
& Electronic Resources Facilitator
Rio Grande Campus
Austin Community College
512-223-3089 voice + 512-223-3430 fax
http://library.austincc.edu
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Senate Bill # S.2644 and House Bill # H.R. 5361

Status is "Referred to the House Committee on the Judiciary on 5/11/06

        -- Jeanette

At 10:25 AM 9/15/2006, Gary Handman wrote:

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

=================================
Jeanette Mosey, Ph.D., Librarian/Professor
& Electronic Resources Facilitator
Rio Grande Campus
Austin Community College                          
512-223-3089 voice + 512-223-3430 fax            
http://library.austincc.edu                                  --=====================_2231765==.ALT-- 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.