Re: [Videolib] FW: Chronicle article: Professors and Librarians Win Narrow Exemptions to Rules in Di

Gail Fedak (gfedak@mtsu.edu)
Tue, 28 Nov 2006 12:41:14 -0600

The exemption in question raised two flags for me. First, only items
specified as "Audiovisual works included in the educational library of a
college or university's film or media studies department" are covered.
Second, only "educational use in the classroom by media studies or film
professors" is approved. What about audiovisual works included in a
university's campus-wide library or media library? What constitutes a film
professor? Are form and function supposed to trump content as the
legitimate use of audiovisual works in film studies classes? While we have a
College of Mass Communications with a School of Electonic Media
Communication (SEMC), film studies classes are spread primarily across the
departments in the College of Liberal Arts. The SEMC classes dealing with
visual media focus primarily on television, photography, animation, and
photojournalism. The majority of our professors who use film do so primarily
for content and how that content relates to historical, literary,
linguistic, and sociological events and themes.

Am I going to tell our film studies professors that they are not legitimate
film studies professors because they are not part of the SEMC, and even if
they scoff at that notion, that they have to go to the SEMC to get the films
they need in order to avail themselves of this exemption? Absolutely not!
I'll give the decision makers on this exemption the benefit of trying to
make a good faith effort, but I think the decision fell far short of what is
needed to create a viable educational exemption.

Gail

~~~~~~~~~~~~~~~~~
Gail B. Fedak, Manager
Instructional Media Resources
Middle Tennessee State University
Murfreesboro, TN 37132
phone 615-898-2740
fax 615-898-2530
email gfedak@mtsu.edu
Web www.mtsu.edu/~imr

----- Original Message -----
From: "Brewer, Michael" <brewerm@u.library.arizona.edu>
To: <videolib@lists.berkeley.edu>
Sent: Tuesday, November 28, 2006 11:11 AM
Subject: RE: [Videolib] FW: Chronicle article: Professors and Librarians Win
Narrow Exemptions to Rules in Digital Copyright Act

> All,
>
> Does anyone else think it is kind of odd that film/media studies courses
> were the only ones singled out here? It isn't as if film studies is the
> only discipline to use film. What about those in history? literature?
> sociology? I expect people will read this more broadly and make the
> case that their course is in some way film related, but I just wonder
> what the thinking was here. It seems like the TEACH act (i.e. poorly
> written, exceedingly narrow legislation) all over again.
>
> mb
>
> Michael Brewer
> Slavic Studies, German Studies & Media Arts Librarian
> University of Arizona Library A210
> 1510 E. University
> P.O. Box 210055
> Tucson, AZ 85721
> Voice: 520.307.2771
> Fax: 520.621.9733
> brewerm@u.library.arizona.edu
>
> -----Original Message-----
> From: owner-videolib@lists.berkeley.edu
> [mailto:owner-videolib@lists.berkeley.edu] On Behalf Of Jessica Rosner
> Sent: Tuesday, November 28, 2006 8:15 AM
> To: videolib@lists.berkeley.edu
> Subject: Re: [Videolib] FW: Chronicle article: Professors and Librarians
> Win Narrow Exemptions to Rules in Digital Copyright Act
>
> Yikes I meant to post this yesterday but here is the free non subscriber
> AP
> version
>
> U.S. copyright office issues six new rights, including cell phone reuse
>
> ANICK JESDANUN
>
>
> NEW YORK (AP) - Cell phone owners will be allowed to break software
> locks on
> their handsets in order to use them with competing carriers under new
> copyright rules announced Wednesday.
> Other copyright exemptions approved by the Library of Congress will let
> film
> professors copy snippets from DVDs for educational compilations and let
> blind people use special software to read copy-protected electronic
> books.
> All told, Librarian of Congress James H. Billington approved six
> exemptions,
> the most his Copyright Office has ever granted. For the first time, the
> office exempted groups of users. Previously, Billington took an
> all-or-nothing approach, making exemptions difficult to justify.
> "I am very encouraged by the fact that the Copyright Office is willing
> to
> recognize exemptions for archivists, cell phone recyclers and computer
> security experts," said Fred von Lohmann, an attorney with the
> civil-liberties group Electronic Frontier Foundation. "Frankly I'm
> surprised
> and pleased they were granted."
> But von Lohmann said he was disappointed the Copyright Office rejected a
> number of exemptions that could have benefited consumers, including one
> that
> would have let owners of DVDs legally copy movies for use on Apple
> Computer
> Inc.'s iPod and other portable players.
> The new rules will take effect Monday and expire in three years.
> In granting the exemption for cell phone users, the Copyright Office
> determined that consumers aren't able to enjoy full legal use of their
> handsets because of software locks that wireless providers have been
> placing
> to control access to phones' underlying programs.
> Providers of prepaid phone services, in particular, have been trying to
> stop
> entrepreneurs from buying subsidized handsets to resell at a profit. But
> even customers of regular plans generally can't bring their phones to
> another carrier, even after their contracts run out.
> Billington noted that at least one company has filed lawsuits claiming
> that
> breaking the software locks violates copyright law, which makes it
> illegal
> for people to circumvent copy-protection technologies without an
> exemption
> from the Copyright Office. He said the locks appeared in place not to
> protect the developer of the cell phone software but for third-party
> interests.
> Officials with the industry group CTIA-The Wireless Association did not
> return phone calls for comment Wednesday.
> The exemption granted to film professors authorizes the breaking of the
> CSS
> copy-protection technology found in most DVDs. Programs to do so
> circulate
> widely on the Internet, though it has been illegal to use or distribute
> them.
> The professors said they need the ability to create compilations of DVD
> snippets to teach their classes - for example, taking portions of old
> and
> new cartoons to study how animation has evolved. Such compilations are
> generally permitted under "fair use" provisions of copyright law, but
> breaking the locks to make the compilations has been illegal.
> Hollywood studios have argued that educators could turn to videotapes
> and
> other versions without the copy protections, but the professors argued
> that
> DVDs are of higher quality and may preserve the original colors or
> dimensions that videotapes lack.
> "The record did not reveal any alternative means to meet the pedagogical
> needs of the professors," Billington wrote.
> Billington also authorized the breaking of locks on electronic books so
> that
> blind people can use them with read-aloud software and similar aides.
> He granted two exemptions dealing with computer obsolescence. For
> computer
> software and video games that require machines no longer available,
> copy-protection controls may be circumvented for archival purposes.
> Locks on
> computer programs also may be broken if they require dongles - small
> computer attachments - that are damaged and can't be replaced.
> The final exemption lets researchers test CD copy-protection
> technologies
> for security flaws or vulnerabilities. Researchers had cited Sony BMG
> Music
> Entertainment's use of copy-protection systems that installed themselves
> on
> personal computers to limit copying. In doing so, critics say, Sony BMG
> exposed the computers to hacking, and the company has acknowledged
> problems
> with one of the technologies used on some 5.7 million CDs.
>
>
>
> On 11/28/06 9:41 AM, "Jeff Pearson" <jwpearso@umich.edu> wrote:
>
> >
> > This article, "Professors and Librarians Win Narrow
> > Exemptions to Rules in Digital Copyright Act" is available
> > online at this address:
> >
> >
> http://chronicle.com/temp/email2.php?id=ndCDhkKSRPQvYZh6GpnYZmqMSG2gMZyq
> >
> > This article will be available to non-subscribers of The
> > Chronicle for up to five days after it is e-mailed.
> >
> > The article is always available to Chronicle subscribers at this
> > address:
> >
> > http://chronicle.com/daily/2006/11/2006112801t.htm
> >
> >
> >
> > 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.
>
>
>
> 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.
>
> 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.