On 10/30/08 1:34 PM, "Carrie Russell" <crussell@alawash.org> wrote:
> Just a few comments on Sarah's recent post. See below....
>
> Message: 3
> Date: Thu, 30 Oct 2008 12:36:18 -0400
> From: "Sarah McCleskey" <Sarah.E.McCleskey@hofstra.edu>
>
>
> 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 can perfectly understand Farhad's comment that he sees no
> difference between F2F and protected streaming because I believe that
> user's rights to information and the use of protected works should not
> be different in digital world than they are in an analog environment.
> Why should they be different?
>
> Congress made a decision to make them different (in the law) but they
> did not have to. In fact, there is no public policy justification for
> creating a difference. Both screenings are secure. Films were lawfully
> acquired.
> Sometimes Congress passes laws that are stupid. *******
>
> 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?
>
> **** Sounds like a pretty good argument to me. There is no public
> performance. Rights holders have exclusive rights to public
> performances not private performances. Do you believe that an additional
> fee should be paid when you watch DVDs at home? One could argue that
> educational individual performances "grow" to be public performances
> because eventually everyone in the class sees the film. But we have
> never said that private performances of videos checked out of the
> library add up to a public performance. ****
>
>
> 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.
>
> ***this extreme quote is a good example of copyright misuse. Such an
> unreasonable fee goes well beyond the statutory monopoly that rights
> holders enjoy.****
>
> My two cents
> Carrie Russell, Copyright Specialist and
> Director, Program on Public Access to Information
> ALA Washington Office
> Office for Information Technology Policy
> 1615 New Hampshire Avenue NW First Floor
> Washington, DC 20009
> crussell@alawash.org
> 800.941-8478
> 202.628.8410
>
> 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.