Re: [Videolib] Streaming video rights for 1 class - re: "Perpetual" or "Perpetuity" rights

Chip Taylor (chip.taylor@chiptaylor.com)
Wed, 4 Oct 2006 11:31:00 -0400

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Hi Jane (and all),
This issue of "Perpetual Rights" comes up quite frequently and I want =20=

to take this opportunity to offer my recommendation to everyone who =20
speaks to companies about the term "perpetual" or "perpetuity" rights.
Unless you've ordered something from the Public Domain, only the =20
OWNER of the copyright for a DVD, Video or Digital File may grant or =20
license Perpetual or Perpetuity rights.
A distributor that OWNS a program may grant you Perpetual or =20
Perpetuity rights and if they do own the title they should have no =20
problem forwarding you your license in writing. I STRONGLY recommend, =20=

to protect you and your institution, that you request from the =20
distributor who sold you a program or programs with Perpetual or =20
Perpetuity rights to have that license sent to you in WRITING.
Be certain that letter comes from the COMPANY not the sales person =20
who represents the company.
This has been one of the most violated terms misrepresented by =20
certain sales people and producers are aggressively taking action =20
against this violation of the licenses they've granted; so please do =20
make your request to the company that they provide you that type of =20
licensing in WRITING to protect yourself.

Issues such as this are carefully covered by Attorney Arnold Lutzker =20
in "The Copyright Compliances Series," and I will be happy to forward =20=

anyone a preview upon request.

Sincerely,

Chip Taylor, President
www.chiptaylor.com

On Oct 3, 2006, at 9:15 AM, Hutchison, Jane wrote:

> As stated before, streaming video rights vary from one distributor =20
> to another. We have licensed perpetual rights for everything we =20
> have thus far. Some of the content sits on our server, other on =20
> the distributor's server. We use an authentication program so that =20=

> only our university community can view the title. Faculty can put =20
> the URL in their course management program, Blackboard for their =20
> particular classes. The titles also appear in our OPAC, but again =20
> can only be seen through an authentication process. Our faculty =20
> and students love the flexibility and no longer have to wait to =20
> view that "one" copy located in our media department. It's just =20
> another vehicle for delivery to our users. Rights are negotiated =20
> with each distributor individually.
>
> Regards, Jane
>
> Jane B. Hutchison
> Associate Director
> Instruction & Research Technology
> William Paterson University
> Wayne, NJ 07470
> 973-720-2980 (work)
> 973-418-7727 (cell)
> 973-720-2585 (facs)
> hutchisonj@wpunj.edu
>
> From: owner-videolib@lists.berkeley.edu [mailto:owner-=20
> videolib@lists.berkeley.edu] On Behalf Of Andrews, Sarah E
> Sent: Monday, October 02, 2006 6:06 PM
> To: videolib@lists.berkeley.edu
> Subject: [Videolib] Streaming video rights for 1 class
>
> This is probably a question that is best geared at the distributors =20=

> or academics on the list=97
>
>
>
> What do you think of the possibilities of this scenario? I=92m =20
> considering applying for an institutional grant and need some advice.
>
>
>
> Professor V. regularly teaches a semester-long class to =20
> approximately 150 students. 8 videos from a variety of =20
> distributors (NOT feature films) are screened in full, face-to-=20
> face, during regularly scheduled class times. Could rights be =20
> obtained to stream the entire 8 films on the class website every =20
> time the course is offered? Could rights be obtained on a semester-=20=

> to-semester basis? The course management system would only permit =20
> registered students to view the films=97who presumably already saw =20
> the entire film during their class but need to review for papers/=20
> tests. If possible, how much time and cost do you estimate in =20
> obtaining these rights? Or=97would you just go ahead and not clear =20=

> rights in this case?
>
>
>
> As always, thanks in advance for your advice & wisdom,
>
>
>
> Sarah Andrews
>
>
>
>
>
>

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Hi Jane (and = all),
This issue of "Perpetual Rights" comes up quite = frequently and I want to take this opportunity to offer my = recommendation to everyone who speaks to companies about the term = "perpetual" or "perpetuity" rights.
Unless you've ordered = something from the Public Domain, only the OWNER of the copyright for a = DVD, Video or Digital File may grant or license Perpetual or Perpetuity = rights.
A distributor that OWNS a program may grant you = Perpetual or Perpetuity rights and if they do own the title they should = have no problem forwarding you your license in writing. I STRONGLY = recommend, to protect you and your institution, that you request from = the distributor who sold you a program or programs with Perpetual or = Perpetuity rights to have that license sent to you in = WRITING.=A0
Be certain that letter comes from the COMPANY not = the sales person who represents the company.
This has been one = of the most violated terms misrepresented by certain sales people and = producers are aggressively taking action against this violation of the = licenses they've granted; so please do make your request to the company = that they provide you that type of licensing in WRITING to protect = yourself.

Issues such as this are = carefully covered by Attorney Arnold Lutzker in "The Copyright = Compliances Series," and I will be happy to forward anyone a preview = upon request.

Sincerely,

Chip Taylor, = President
www.chiptaylor.com




On Oct 3, 2006, at = 9:15 AM, Hutchison, Jane wrote:

As stated before, streaming video rights vary = from one distributor to another.=A0 We have licensed perpetual rights = for everything we have thus far.=A0 Some of the content sits on our = server, other on the distributor's server.=A0 We use an authentication = program so that only our university community can view the title.=A0 = Faculty can put the URL in their course management program, Blackboard = for their particular classes.=A0 The titles also appear in our OPAC, but = again can only be seen through an authentication process.=A0 Our faculty = and students love the flexibility and no longer have to wait to view = that "one" copy located in our media department.=A0 It's just another = vehicle for delivery to our users.=A0 Rights are negotiated with each = distributor individually.
William Paterson = University
Wayne, NJ = 07470
973-720-2980 = (work)
973-418-7727 = (cell)
973-720-2585 = (facs)


= owner-videolib@lists.berkeley.edu [mailto:owner-videolib@li= sts.berkeley.edu] On Behalf Of = Andrews, Sarah = E
Monday, October 02, = 2006 6:06 PM
To: videolib@lists.berkeley.edu


<= /HTML>= --Apple-Mail-6--867449157-- 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.