Re: [Videolib] videolib Digest, Vol 11, Issue 78

Lawrence Daressa (LD@newsreel.org)
Thu, 30 Oct 2008 10:44:09 -0700

Digital Licensing Terms

Here at California Newsreel we've given some thought to the question of
digital licensing in perpetuity as opposed to a limited term. We've also
discussed it with several of our producers. We've concluded that we can
sell a file or give an institution permission to transfer for a DVD to a
digital file for the life of that file. We also think it only fair to
allow migration to a different digital format without charging an
additional digital license fee; the use value of the file would not
increase. Now here's the catch: we can only license migration to a new
filel format during the term of our contract for that title. Therefore
the license for a particular file would be in perpetuity; the license
for migrating to a different format would have a fixed term. This is not
a purely scholastic distinction given the rapid change of video file
formats.

I want to thank all the video librarians on this list who have
recognized that streaming an entire work from a DVD is not protected by
any legislation. I expect that distributors will respect your scruples
by making digital licenses available at affordable rates. Thanks.

Larry Daressa

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Sent: Thursday, October 30, 2008 9:54 AM
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Subject: videolib Digest, Vol 11, Issue 78

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Today's Topics:

1. Re: It's good to plan..... (Dennis Doros)
2. copyright, sort of (Andrews, Sarah E)
3. Today's NY Times: Netflix and Tivo are partners (Sarah McCleskey)
4. Re: European film archives available for viewing online
(John Vallier)
5. Re: It's good to plan..... (May, Margery)
6. Re: Today's NY Times: Netflix and Tivo are partners
(Jerry Notaro)

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Message: 1
Date: Thu, 30 Oct 2008 12:22:53 -0400
From: "Dennis Doros" <milefilms@gmail.com>
Subject: Re: [Videolib] It's good to plan.....
To: videolib@lists.berkeley.edu
Message-ID:
<2ad8b9eb0810300922r26a3970aq55fc7431c72b0bbc@mail.gmail.com>
Content-Type: text/plain; charset="iso-8859-1"

Then what the hell are we all arguing about?! We should really be
discussing what hall to rent and the concept of live DJ versus hiring a
band. I hear it's on Kino ;-)

--
Best,
Dennis Doros
Milestone Film & Video
PO Box 128
Harrington Park, NJ 07640
Phone: 201-767-3117
email: milefilms@gmail.com
www.milestonefilms.com
www.exilesfilm.com
www.killerofsheep.com
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Message: 2 Date: Thu, 30 Oct 2008 11:25:55 -0500 From: "Andrews, Sarah E" <sarah-andrews@uiowa.edu> Subject: [Videolib] copyright, sort of To: "videolib@lists.berkeley.edu" <videolib@lists.berkeley.edu> Message-ID: <FCC3522C29371A4E95424EF8F53A8CDE51ED73F22A@IOWAEVS08.iowa.uiowa.edu> Content-Type: text/plain; charset="us-ascii"

Don't forget that librarians are under a lot of pressure from administrators/instructors who are wondering why they aren't just digitizing and streaming everything in their collections.....

I've also heard the argument that students should be required to purchase films they are studying-just as they do textbooks. But-would they actually purchase them, or just get them from Netflix....or a cheaper, less legal alternative?

The reality is that models where you pay a fee and get a batch of stuff work very well for large institutions-they are already used to purchasing electronic serials this way, and it seems easier. Anything that can be "outsourced" and have the labor done elsewhere is ideal.

Unfortunately, I can already see the way people doing research shifting-if it's not electronic, it doesn't exist-and this day is coming rapidly for film as well. I am certain that online availability/streaming/etc. is already dictating some choices instructors are making.

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Message: 3 Date: Thu, 30 Oct 2008 12:36:18 -0400 From: "Sarah McCleskey" <Sarah.E.McCleskey@hofstra.edu> Subject: [Videolib] Today's NY Times: Netflix and Tivo are partners To: <videolib@lists.berkeley.edu> Message-ID: <4909AA41.3657.0072.0@hofstra.edu> Content-Type: text/plain; charset=US-ASCII

http://www.nytimes.com/2008/10/30/technology/internet/30tivo.html?partne r=rssnyt&emc=rss

This should make for some lively discussion. I see streaming to a TV screen via Netflix/TV as a very "personal" kind of thing, linked to your personal Netflix account and your personal Tivo account. Not probably designed for academic institutions or public libraries to take advantage of.

We were discussing this here this morning, wondering if this new relationship between Netflix and Tivo affects our intention to collect videos in the future. We don't think it does. I believe what will be offered are feature films, not educational titles, most indies, documentaries, etc.

I really don't understand Farhad's comment "What I'm not convinced yet is the difference between "face-to-face" traditional classrooms with the instructor present vs. a log-in protected online classroom (access by students registered for that class only)"

I think there is a huge difference, namely that face-to-face in a traditional classroom is 100% legal and restricted access streaming an entire audiovisual work to students in an online classroom is not 100% legal. It's just not. It's not fair use, it's not face to face, it's not covered by TEACH, so what makes you think it's okay?

I recently read something from a librarian at an academic institution (not mine) that has the capability to stream an (entire) video to one student at a time. She contended that because they were streaming to one user at a time, it was no different from having a video in the library that one student could look at. WHAT IS UP WITH THAT????? Does anyone on this list BELIEVE THAT?

Here's another story I have to add. Our School of Ed. conducts seminars that all students have to take to receive their teacher certification, such as fire safety and school violence. They are converting these seminars to the Blackboard environment, and wanted to use an entire (17 minute) video on school violence. Of course they tried to tell me they could do it without getting rights, and I said no, you can't, let me see about getting those rights for you. So I called up the company, who said this was their first such request but they were delighted to give me a quote. They wanted $1500/year or $5000 perpetual to stream this video. The School of Ed. has decided to make their own videos instead, because of this price for the streaming rights. I thought this cost was WAY out of line, but as I said, this was the first request the company had for something like that, and so I can't really blame them for just pulling a number out of ... well, you know.

But when Films Media Group has such a reasonable model for the price of streaming, it makes it hard to stomach the thought of paying $1500/year or $5000 for a video from 2001 on school violence, which will probably be outdated in about the next, say, 10 minutes.

My 2 cents for the day.

Sarah

Sarah E. McCleskey Head of Access Services Acting Director, Film and Media Library 112 Axinn Library 123 Hofstra University Hempstead, NY 11549 Sarah.E.McCleskey@hofstra.edu 516-463-5076 (o) 516-463-4309 (f)

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Message: 4 Date: Thu, 30 Oct 2008 09:38:41 -0700 From: John Vallier <vallier@u.washington.edu> Subject: Re: [Videolib] European film archives available for viewing online To: videolib@lists.berkeley.edu Message-ID: <0B7E9D3A-6BEB-4D97-A70B-03CCBE231FAF@u.washington.edu> Content-Type: text/plain; charset=US-ASCII; delsp=yes; format=flowed

Ciara, Judy, Folks:

We looked into accessing NewsFilm Online and received the following from one of their representatives: "full access is actualy restricted to users at UK colleges and universities." He did suggest looking @ http://archives.cbc.ca/ -- as a different, open model -- and http:// www.gorbould.com/blog/index.php/2008/09/this-was-england/ . I wish NARA had gone this route rather than partnering with Amazon to distribute their films: http://tinyurl.com/634jp4

-John __________ John Vallier Head, Distributed Media Services University of Washington Libraries http://www.lib.washington.edu/media http://faculty.washington.edu/vallier

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Message: 5 Date: Thu, 30 Oct 2008 12:48:51 -0400 From: "May, Margery" <mmay@wesleyan.edu> Subject: Re: [Videolib] It's good to plan..... To: "videolib@lists.berkeley.edu" <videolib@lists.berkeley.edu> Message-ID: <69D305AFCAC30B4AAE49A0992C2A00A6C92276E7@exchangewes4.wesad.wesleyan.ed u> Content-Type: text/plain; charset="us-ascii"

I'm in! I don't have a cool little count down clock, but I'm looking toward 10/31/2012....

MM

Margery L. May Acquisitions Administrator Wesleyan University Library Acquisitions Department Olin Memorial Library 252 Church Street Middletown, CT 06459 860-685-3834 mmay@wesleyan.edu

________________________________ From: videolib-bounces@lists.berkeley.edu [mailto:videolib-bounces@lists.berkeley.edu] On Behalf Of Dennis Doros Sent: Thursday, October 30, 2008 12:23 PM To: videolib@lists.berkeley.edu Subject: Re: [Videolib] It's good to plan.....

Then what the hell are we all arguing about?! We should really be discussing what hall to rent and the concept of live DJ versus hiring a band. I hear it's on Kino ;-)

--
Best,
Dennis Doros
Milestone Film & Video
PO Box 128
Harrington Park, NJ 07640
Phone: 201-767-3117
email: milefilms@gmail.com<mailto:milefilms@gmail.com>
www.milestonefilms.com<http://www.milestonefilms.com>
www.exilesfilm.com<http://www.exilesfilm.com>
www.killerofsheep.com<http://www.killerofsheep.com>
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Message: 6 Date: Thu, 30 Oct 2008 12:53:30 -0400 (EDT) From: "Jerry Notaro" <notaro@stpt.usf.edu> Subject: Re: [Videolib] Today's NY Times: Netflix and Tivo are partners To: videolib@lists.berkeley.edu Cc: videolib@lists.berkeley.edu Message-ID: <59810.131.247.118.3.1225385610.squirrel@mailbox.acomp.usf.edu> Content-Type: text/plain;charset=iso-8859-1

Sarah McCleskey wrote: > http://www.nytimes.com/2008/10/30/technology/internet/30tivo.html?part > ner=rssnyt&emc=rss > > This should make for some lively discussion. I see streaming to a TV > screen via Netflix/TV as a very "personal" kind of thing, linked to > your personal Netflix account and your personal Tivo account. Not > probably designed for academic institutions or public libraries to > take advantage of. >

I disagree. We stream over 2000 titles we have rights for to faculty and students here through the library online catalog. They must log in to verify they are valid and kaboom, they are watching on their laptops or projecting in a classroom. Not at all a difficult thing to manage.

Jerry

End of videolib Digest, Vol 11, Issue 78 ****************************************

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.