Re: [Videolib] Copyright lawyers and such

Jessica Rosner (maddux2014@gmail.com)
Mon, 23 Mar 2009 19:37:36 -0400

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Well there have been suggestions from time to time that fair use could cover
an entire work and the SCMS "best practices" statement which has been cited
here from time to time contains some amazing ( though often deliberately
vague) suggestions that whole works can be copied , digitized and streamed.

I have discovered a lot of major institutions that do in fact digitize and
stream whole works on a regular basis. I do NOT think this represents the
view of folks on this list but I have in fact received e mail from a few
folks here admitting their frustration that in fact it does go on at their
institution but they have no way to stop it. The main reason I wanted to
get something from the copyright lawyer was in fact to give people here some
ammunition when a professor comes and says why can't you stream this film
for me, it is "fair use' ?. Despite everything I may post I consider you
guys for the most part the real defenders of rights and in many cases the
only thing between even more illegal uses of film material . If they could
professors would buy pirate copies of any film not released, make copies.
digitize,stream etc because they need it and they don't care about the law.

On Mon, Mar 23, 2009 at 7:16 PM, Deg Farrelly <deg.farrelly@asu.edu> wrote:

> I generally stay out of these questions... But in all fairness to the other
> members of this list...
>
> I don't recall hearing anyone on this list say that they are looking to
> digitize and stream complete feature films. This is not to say that there
> are NOT folks in the academic world who are doing this. But in general, on
> this list the questions tend to be along the lines of "can I..." and "how
> much can I". These are posted with an honest respect for copyright and
> copyright holders, but also an expectation of applying the rights and
> privileges that principles in the US copyright law afford educators.
>
> The issues of complete digitization and redistribution seem to me more of a
> problem with the bootleggers and such ilk OUTSIDE the academic community.
>
> As for "copyright lawyers"... There are copyright lawyers who fight on
> both sides of the issues. Being a copyright lawyer for a commercial studio
> will naturally involve opinions and spinning cases for the interest of the
> studios. Ivan Bender was just such a lawyer at one time, who eventually
> completely reversed his positions and began to argue on behalf of education
> interests.
>
> --
> deg farrelly, Associate Librarian
> Arizona State University at the West campus
> PO Box 37100
> Phoenix, Arizona 85069-7100
> Phone: 602.543.8522
> Email: deg.farrelly@asu.edu
>
>
>
> > 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.
>
> 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.
>

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Well there have been suggestions from time to time that fair use could cove=
r an entire work and the SCMS=A0<div>&quot;best practices&quot; statement w=
hich has been cited here from time to time contains some amazing ( though o=
ften deliberately vague) suggestions that whole works can be copied , digit=
ized and streamed.=A0</div>
<div><br></div><div>I have discovered a lot of major institutions that do i=
n fact digitize and stream whole works on a regular basis. I do NOT think t=
his represents the view of folks on this list but I have in fact received e=
mail from a few folks here admitting their frustration that in fact it doe=
s go on at their institution but they have no way to stop it. =A0The main r=
eason I wanted to get something from the copyright lawyer was in fact to gi=
ve people here some ammunition when a professor comes and says why can&#39;=
t you stream this film for me, it is &quot;fair use&#39; ?. Despite everyth=
ing I may post I consider you guys for the most part the real defenders of =
rights and in many cases the only thing =A0between even more illegal =A0use=
s of film material . If they could professors would buy pirate copies of an=
y film not released, make copies.</div>
<div>digitize,stream etc because they need it and they don&#39;t care about=
the law.</div><div><br></div><div><br><div class=3D"gmail_quote">On Mon, M=
ar 23, 2009 at 7:16 PM, Deg Farrelly <span dir=3D"ltr">&lt;<a href=3D"mailt=
o:deg.farrelly@asu.edu">deg.farrelly@asu.edu</a>&gt;</span> wrote:<br>
<blockquote class=3D"gmail_quote" style=3D"margin:0 0 0 .8ex;border-left:1p=
x #ccc solid;padding-left:1ex;">I generally stay out of these questions... =
But in all fairness to the other members of this list...<br>
<br>
I don&#39;t recall hearing anyone on this list say that they are looking to=
digitize and stream complete feature films. =A0This is not to say that the=
re are NOT folks in the academic world who are doing this. =A0But in genera=
l, on this list the questions tend to be along the lines of &quot;can I...&=
quot; and &quot;how much can I&quot;. =A0These are posted with an honest re=
spect for copyright and copyright holders, but also an expectation of apply=
ing the rights and privileges that principles in the US copyright law affor=
d educators.<br>

<br>
The issues of complete digitization and redistribution seem to me more of a=
problem with the bootleggers and such ilk OUTSIDE the academic community.<=
br>
<br>
As for &quot;copyright lawyers&quot;... =A0There are copyright lawyers who =
fight on both sides of the issues. =A0Being a copyright lawyer for a commer=
cial studio will naturally involve opinions and spinning cases for the inte=
rest of the studios. =A0Ivan Bender was just such a lawyer at one time, who=
eventually completely reversed his positions and began to argue on behalf =
of education interests.<br>

<br>
--<br>
deg farrelly, Associate Librarian<br>
Arizona State University at the West campus<br>
PO Box 37100<br>
Phoenix, Arizona =A085069-7100<br>
Phone: =A0602.543.8522<br>
Email: =A0<a href=3D"mailto:deg.farrelly@asu.edu">deg.farrelly@asu.edu</a><=
br>
<br>
<br>
<br>
&gt; With all due respect a copyright owners lawyer might be exactly what t=
he<br>
&gt; list needs at least for point of view. Frankly all of us have been =A0=
throwing<br>
&gt; out lots of legal opinions here but per the whole =A0big thread a whil=
e back I<br>
&gt; have yet to find a single librarian or institution willing to say &#39=
;Hey I am<br>
&gt; sure it is legal to stream/copy/ digitize FANTASIA, MODERN TIMES, RAID=
ERS OF<br>
&gt; THE LOST ARK for our academic needs and I am willing to say that my<br=
>
&gt; institution does this.<br>
<br>
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 an=
d related institutions. It is hoped that the list will serve as an effectiv=
e working tool for video librarians, as well as a channel of communication =
between libraries,educational institutions, and video producers and distrib=
utors.<br>

</blockquote></div><br></div>

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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.

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