Re: [Videolib] Cindy's copyright question

ghandman@library.berkeley.edu
Mon, 23 Mar 2009 16:12:16 -0700 (PDT)

As long as you preface any opinion you channel thru to the list by citing
your source. Frankly, lacking specific case law for the most part,
interpretation of what's allowable under current copyright and fair use is
pretty much a matter of 1) what your tolerance for risk is and, 2) what
your institutional counsel is willing to support.

And no, I don't personally think digitizing and delivering whole
copyrighted works fits the fair use bill (and yeah, I'm fully aware that
it happens in various institutions)...but I do think the principle of Fair
Use allows a hell of a broader range and types of use than the rights
holders' lawyers would have us cowed into believing.

Gary

> No Gary they won't be ON the list, I am just going to ask their opinion on
> some issues that have come up and post the reply. Frankly we have all been
> PLAYING copyright lawyer and hearing from a real one might be helpful. He
> is a copyright specialist who has done work for probably every major
> studio
> but he is also a big film buff and good guy.I discussed briefly with him
> the suggestion here that an entire film could be covered under fair use
> with
> folks pointing the Sony case and his eyes rolled and he started ticking
> off
> the actual legal reasons this was not the case so I don't think asking him
> to summarize this in paragraph or two that I can post is a bad idea.
>
> With all due respect a copyright owners lawyer might be exactly what the
> list needs at least for point of view. Frankly all of us have been
> throwing
> out lots of legal opinions here but per the whole big thread a while back
> I
> have yet to find a single librarian or institution willing to say 'Hey I
> am
> sure it is legal to stream/copy/ digitize FANTASIA, MODERN TIMES, RAIDERS
> OF
> THE LOST ARK for our academic needs and I am willing to say that my
> institution does this. RIght now we have more or less a large underground
> of
> illegal academic use ( I am not pointing to anyone on the list I just had
> dinner with an old friend who teaches film at one the largest schools in
> the
> country and digitize and stream pretty much anything a professor asks
> them
> for). I assure this guy has better things to do with his time
> for which he is paid handsomely but asked as a favor if I could get his
> opinion on some of the issues that come up here a lot.
>
>
> On Mon, Mar 23, 2009 at 6:47 PM, <ghandman@library.berkeley.edu> wrote:
>
>> Great, Jessica...just what this list needs: a copyright owners' pit
>> bull
>> lawyer weighing in. I'm inclined to filter him or her a priori...
>>
>> gary
>>
>>
>>
>> > Carrie:
>> > Is it your belief that provisions in the TEACH act apply to standard
>> > bricks
>> > and mortar classes in which
>> > a professor may want to put up streamed material in ADDITION to what
>> is
>> > taught in class. I don't have any problem with clips or portions used
>> in
>> > classes but I am wondering if you are suggesting that an entire
>> feature
>> > film
>> > could be streamed in non distance education setting as either part of
>> say
>> > "extra" studies for the class or so the dear little students could
>> just
>> > watch it again in the dorm. In other words do believe it is legal to
>> > stream
>> > a complete film for a course that is NOT taught on line,
>> >
>> > I know this is the position of the SCMS but then again their
>> guidelines
>> > were
>> > in my opinion pretty nuts as in you can use something taped off TV ten
>> > years, which your friend made you a copy of and stream it for your
>> class.
>> >
>> > On a side note I was a a film festival this weekend ( very rare old
>> films)
>> > and met one of the top copyright lawyers
>> > ( working on the rights holders side) and he has agreed to give his
>> > opinion
>> > on certain issues that have come up here
>> > such as whether one could claim an entire film can be considered "fair
>> > use",
>> > streaming etc. So basically with any luck
>> > I won't have to play at being a copyright expert I can borrow a real
>> one.
>> >
>> >
>> > On Mon, Mar 23, 2009 at 5:21 PM, Carrie Russell
>> > <crussell@alawash.org>wrote:
>> >
>> >> Hi Cindy:
>> >>
>> >> You can use clips on Blackboard in a secure environment, only for
>> >> enrolled students, etc.
>> >>
>> >> There is no limit on the length of clip - it should be the length
>> >> necessary to meet the teaching objective - the same length one would
>> use
>> >> in a "live" classroom.
>> >>
>> >> What this means:
>> >> FOR DIGITIZING ANALOG WORKS, NO DIGITAL VERSION OF THE WORK IS
>> AVAILABLE
>> >> FREE FROM TECHNOLOGICAL PROTECTIONS THAT WOULD PREVENT THE USES
>> >> AUTHORIZED IN SECTION 110.
>> >>
>> >> It means that you cannot copy an analog work to a digital version if
>> >> there is a digital version of the title available for purchase. BUT
>> if
>> >> the digital versions that are available for purchase prevent you from
>> >> copying a clip (because they are protected by technology like CSS) to
>> >> use in Blackboard, then you can copy the analog version using the
>> >> portion necessary to meet the teaching objective.
>> >>
>> >> But it sounds like you already have digital versions that you plan to
>> >> stream so no need to make a digital copy of an analog version.
>> >>
>> >> Under TEACH (or fair use), you do not have to get permission for
>> this
>> >> use.
>> >> -Carrie Russell
>> >> ------------------------------
>> >>
>> >> Message: 5
>> >> Date: Mon, 23 Mar 2009 15:58:21 -0500
>> >> From: "Badilla-Melendez, Cindy" <cbadillame@stthomas.edu>
>> >> Subject: [Videolib] copyright question help
>> >> To: "videolib@lists.berkeley.edu" <videolib@lists.berkeley.edu>
>> >> Message-ID:
>> >>
>> >> <5012AD3225B6CF4A8307C3198E9242CA0381D3AC0C@UST-E2K7VS1.stthomas.edu>
>> >> Content-Type: text/plain; charset="us-ascii"
>> >>
>> >> I know this question has come up several times. I may wasn't paying
>> >> attention or still did not hear an answer, or I am still confussed.
>> >>
>> >> A professor wants to put some clips of some documentaries on
>> Blackboard.
>> >> If I read correctly this is ok under the TEACH act and Fair USe, off
>> >> course under a lot of conditions (a lot of them technological
>> >> requirements). But also, talks about reasonable amounts and portions.
>> >> What is a reasonalble amount? 10% or 3 minutes? I read that
>> somewhere.
>> >>
>> >> TEACH Act alos talks about if the work would be part of what the
>> >> professor will use in class and so on.
>> >> I really don't uderstanda this part:
>> >>
>> >> FOR DIGITIZING ANALOG WORKS, NO DIGITAL VERSION OF THE WORK IS
>> AVAILABLE
>> >> FREE FROM TECHNOLOGICAL PROTECTIONS THAT WOULD PREVENT THE USES
>> >> AUTHORIZED IN SECTION 110.
>> >>
>> >> So, can we or not take a DVD and stream portions and put them min
>> >> blackboard for a semester, for students to review?
>> >> Or we need to get permissions?
>> >>
>> >> Thanks
>> >> Cindy
>> >>
>> >>
>> >> __________________________________________________
>> >> Cindy Badilla-Melendez
>> >> Media Resources Librarian
>> >> O'Shaughnessy-Frey Library,
>> >> University of St. Thomas
>> >> Mail #5004, 2115 Summit Ave,
>> >> St Paul, MN 55105
>> >> phone (651) 962-5464
>> >> fax (651) 962-5406
>> >>
>> >>
>> >> 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.
>> >
>>
>>
>> Gary Handman
>> Director
>> Media Resources Center
>> Moffitt Library
>> UC Berkeley
>>
>> 510-643-8566
>> ghandman@library.berkeley.edu
>> http://www.lib.berkeley.edu/MRC
>>
>> "I have always preferred the reflection of life to life itself."
>> --Francois Truffaut
>>
>>
>> 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.
>

Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley

510-643-8566
ghandman@library.berkeley.edu
http://www.lib.berkeley.edu/MRC

"I have always preferred the reflection of life to life itself."
--Francois Truffaut

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.