Re: [Videolib] Cindy's copyright question

Dennis Doros (milefilms@gmail.com)
Mon, 23 Mar 2009 20:04:17 -0400

--===============4942109626974356944==
Content-Type: multipart/alternative; boundary=001636e1fbd1c4ff560465d21f75

--001636e1fbd1c4ff560465d21f75
Content-Type: text/plain; charset=ISO-8859-1
Content-Transfer-Encoding: 7bit

If it's the copyright lawyer I think it is (another Weequahic descendant),
he's a good lawyer. Which means he sees both sides. He was also willing to
sue (pro bono) at one point to ensure that some films remained public domain
though in the end, the court costs would have been too high.
On the other hand, his is just another opinion that can be discussed. Sorry
to have missed Syracuse!

Dennis

On Mon, Mar 23, 2009 at 7:20 PM, Jessica Rosner <maddux2014@gmail.com>wrote:

> No problem Gary. Look I think studios are nuts when they claimed things
> like study carols where public performance etc and I also think it is nuts
> not to allow clips to be used in any class not just film ones but a lot of
> the stuff suggested here goes way far in the other directions
> Trust me this guy is not some evil studio stooge even if he sometimes
> represents them. He really is a specialist in copyright law and I think his
> opinion which at least in my brief discussion re Sony case actually contains
> legal sources and case law might carry a little more weight. He is just
> doing me a favor.
>
>
> On Mon, Mar 23, 2009 at 7:12 PM, <ghandman@library.berkeley.edu> wrote:
>
>> 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.
>>
>
>
> 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.
>
>

-- 
Best,
Dennis Doros
Milestone Film & Video
PO Box 128
Harrington Park, NJ 07640
Phone: 201-767-3117
Fax: 201-767-3035
email: milefilms@gmail.com
www.milestonefilms.com
www.exilesfilm.com
www.killerofsheep.com

--001636e1fbd1c4ff560465d21f75 Content-Type: text/html; charset=ISO-8859-1 Content-Transfer-Encoding: quoted-printable

If it&#39;s the copyright lawyer I think it is (another Weequahic descendan= t), he&#39;s a good lawyer. Which means he sees both sides. He was also wil= ling to sue (pro bono) at one point to ensure that some films remained publ= ic domain though in the end, the court costs would have been too high.=A0<d= iv> <br></div><div>On the other hand, his is just another opinion that can be d= iscussed. Sorry to have missed Syracuse!=A0</div><div><div><br></div><div>D= ennis<br><br><div class=3D"gmail_quote">On Mon, Mar 23, 2009 at 7:20 PM, Je= ssica Rosner <span dir=3D"ltr">&lt;<a href=3D"mailto:maddux2014@gmail.com">= maddux2014@gmail.com</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;">No problem Gary. Look I think studios are n= uts when they claimed things like study carols where public performance etc= and I also think it is nuts not to allow clips to be used in any class not= just film ones but a lot of the stuff suggested here goes way far in the o= ther directions<div>

<br></div><div>Trust me this guy is not some evil studio stooge even if he = sometimes represents them. He really is a specialist in copyright law and I= think his opinion which at least in my brief discussion re Sony case actua= lly contains legal sources and case law might carry a little more weight. H= e is just doing me a favor.<div> <div></div><div class=3D"h5"><br> <br><div class=3D"gmail_quote">On Mon, Mar 23, 2009 at 7:12 PM, <span dir= =3D"ltr">&lt;<a href=3D"mailto:ghandman@library.berkeley.edu" target=3D"_bl= ank">ghandman@library.berkeley.edu</a>&gt;</span> wrote:<br><blockquote cla= ss=3D"gmail_quote" style=3D"margin:0 0 0 .8ex;border-left:1px #ccc solid;pa= dding-left:1ex">

As long as you preface any opinion you channel thru to the list by citing<b= r> your source. =A0Frankly, lacking specific case law for the most part,<br> interpretation of what&#39;s allowable under current copyright and fair use= is<br> pretty much a matter of 1) what your tolerance for risk is and, 2) what<br> your institutional counsel is willing to support.<br> <br> And no, I don&#39;t personally think digitizing and delivering whole<br> copyrighted works fits the fair use bill (and yeah, I&#39;m fully aware tha= t<br> it happens in various institutions)...but I do think the principle of Fair<= br> Use allows a hell of a broader range and types of use than the rights<br> holders&#39; lawyers would have us cowed into believing.<br> <br> Gary<br> <div><div></div><div><br> <br> &gt; No Gary they won&#39;t be ON the list, I am just going to ask their op= inion on<br> &gt; some issues that have come up and post the reply. Frankly we have all = been<br> &gt; PLAYING copyright lawyer and hearing from a real one =A0might be helpf= ul. He<br> &gt; is a copyright specialist who has done work for probably every major<b= r> &gt; studio<br> &gt; but he is also a big film buff and good guy.I =A0discussed briefly wit= h him<br> &gt; the suggestion here that an entire film could be covered under fair us= e<br> &gt; with<br> &gt; folks pointing the Sony case and his eyes rolled and he started tickin= g<br> &gt; off<br> &gt; the actual legal reasons this was not the case so I don&#39;t think as= king him<br> &gt; to summarize this in paragraph or two that I can post is a bad =A0idea= .<br> &gt;<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<br> &gt; throwing<br> &gt; out lots of legal opinions here but per the whole =A0big thread a whil= e back<br> &gt; I<br> &gt; have yet to find a single librarian or institution willing to say &#39= ;Hey I<br> &gt; am<br> &gt; sure it is legal to stream/copy/ digitize FANTASIA, MODERN TIMES, RAID= ERS<br> &gt; OF<br> &gt; THE LOST ARK for our academic needs and I am willing to say that my<br= > &gt; institution does this. RIght now we have more or less a large undergro= und<br> &gt; of<br> &gt; illegal academic use ( I am not pointing to anyone on the list I just = had<br> &gt; dinner with an old friend who teaches film at one the largest schools = in<br> &gt; the<br> &gt; country and digitize and stream pretty much anything =A0a professor as= ks<br> &gt; them<br> &gt; for). =A0I assure this guy has better things to do with his time<br> &gt; for which he is paid handsomely but asked as a favor if I could get hi= s<br> &gt; opinion on some of the issues that come up here a lot.<br> &gt;<br> &gt;<br> &gt; On Mon, Mar 23, 2009 at 6:47 PM, &lt;<a href=3D"mailto:ghandman@librar= y.berkeley.edu" target=3D"_blank">ghandman@library.berkeley.edu</a>&gt; wro= te:<br> &gt;<br> &gt;&gt; Great, Jessica...just what this list needs: =A0a copyright owners&= #39; pit<br> &gt;&gt; bull<br> &gt;&gt; lawyer weighing in. =A0I&#39;m inclined to filter him or her a pri= ori...<br> &gt;&gt;<br> &gt;&gt; gary<br> &gt;&gt;<br> &gt;&gt;<br> &gt;&gt;<br> &gt;&gt; &gt; Carrie:<br> &gt;&gt; &gt; Is it your belief that provisions in the TEACH act apply to s= tandard<br> &gt;&gt; &gt; bricks<br> &gt;&gt; &gt; and mortar classes in which<br> &gt;&gt; &gt; a professor =A0may =A0want to put up streamed material in ADD= ITION to what<br> &gt;&gt; is<br> &gt;&gt; &gt; taught in class. I don&#39;t have any problem with clips or p= ortions used<br> &gt;&gt; in<br> &gt;&gt; &gt; classes but I am wondering if you are suggesting that an enti= re<br> &gt;&gt; feature<br> &gt;&gt; &gt; film<br> &gt;&gt; &gt; could be streamed in non distance education setting as either= part of<br> &gt;&gt; say<br> &gt;&gt; &gt; &quot;extra&quot; studies for the class or so the dear little= students could<br> &gt;&gt; just<br> &gt;&gt; &gt; watch it again in the dorm. In other words do believe it is l= egal to<br> &gt;&gt; &gt; stream<br> &gt;&gt; &gt; a complete film for a course that is NOT taught on line,<br> &gt;&gt; &gt;<br> &gt;&gt; &gt; I know this is the position of the SCMS but then again their<= br> &gt;&gt; guidelines<br> &gt;&gt; &gt; were<br> &gt;&gt; &gt; in my opinion pretty nuts as in you can use something taped o= ff TV ten<br> &gt;&gt; &gt; years, which your friend made you a copy of and stream it for= your<br> &gt;&gt; class.<br> &gt;&gt; &gt;<br> &gt;&gt; &gt; On a side note I was a a film festival this weekend ( very ra= re old<br> &gt;&gt; films)<br> &gt;&gt; &gt; and met one of the top copyright lawyers<br> &gt;&gt; &gt; ( working on the rights holders side) and he has agreed to gi= ve his<br> &gt;&gt; &gt; opinion<br> &gt;&gt; &gt; on certain issues that have come =A0up here<br> &gt;&gt; &gt; such as whether one could claim an entire film can be conside= red &quot;fair<br> &gt;&gt; &gt; use&quot;,<br> &gt;&gt; &gt; streaming etc. So basically with any luck<br> &gt;&gt; &gt; I won&#39;t have to play at being a copyright expert I can bo= rrow a real<br> &gt;&gt; one.<br> &gt;&gt; &gt;<br> &gt;&gt; &gt;<br> &gt;&gt; &gt; On Mon, Mar 23, 2009 at 5:21 PM, Carrie Russell<br> &gt;&gt; &gt; &lt;<a href=3D"mailto:crussell@alawash.org" target=3D"_blank"= >crussell@alawash.org</a>&gt;wrote:<br> &gt;&gt; &gt;<br> &gt;&gt; &gt;&gt; Hi Cindy:<br> &gt;&gt; &gt;&gt;<br> &gt;&gt; &gt;&gt; You can use clips on Blackboard in a secure environment, = only for<br> &gt;&gt; &gt;&gt; enrolled students, etc.<br> &gt;&gt; &gt;&gt;<br> &gt;&gt; &gt;&gt; There is no limit on the length of clip - it should be th= e length<br> &gt;&gt; &gt;&gt; necessary to meet the teaching objective - the same lengt= h one would<br> &gt;&gt; use<br> &gt;&gt; &gt;&gt; in a &quot;live&quot; classroom.<br> &gt;&gt; &gt;&gt;<br> &gt;&gt; &gt;&gt; What this means:<br> &gt;&gt; &gt;&gt; FOR DIGITIZING ANALOG WORKS, NO DIGITAL VERSION OF THE WO= RK IS<br> &gt;&gt; AVAILABLE<br> &gt;&gt; &gt;&gt; FREE FROM TECHNOLOGICAL PROTECTIONS THAT WOULD PREVENT TH= E USES<br> &gt;&gt; &gt;&gt; AUTHORIZED IN SECTION 110.<br> &gt;&gt; &gt;&gt;<br> &gt;&gt; &gt;&gt; It means that you cannot copy an analog work to a digital= version if<br> &gt;&gt; &gt;&gt; there is a digital version of the title available for pur= chase. =A0BUT<br> &gt;&gt; if<br> &gt;&gt; &gt;&gt; the digital versions that are available for purchase prev= ent you from<br> &gt;&gt; &gt;&gt; copying a clip (because they are protected by technology = like CSS) to<br> &gt;&gt; &gt;&gt; use in Blackboard, then you can copy the analog version u= sing the<br> &gt;&gt; &gt;&gt; portion necessary to meet the teaching objective.<br> &gt;&gt; &gt;&gt;<br> &gt;&gt; &gt;&gt; But it sounds like you already have digital versions that= you plan to<br> &gt;&gt; &gt;&gt; stream so no need to make a digital copy of an analog ver= sion.<br> &gt;&gt; &gt;&gt;<br> &gt;&gt; &gt;&gt; Under =A0TEACH (or fair use), you do not have to get perm= ission for<br> &gt;&gt; this<br> &gt;&gt; &gt;&gt; use.<br> &gt;&gt; &gt;&gt; -Carrie Russell<br> &gt;&gt; &gt;&gt; ------------------------------<br> &gt;&gt; &gt;&gt;<br> &gt;&gt; &gt;&gt; Message: 5<br> &gt;&gt; &gt;&gt; Date: Mon, 23 Mar 2009 15:58:21 -0500<br> &gt;&gt; &gt;&gt; From: &quot;Badilla-Melendez, Cindy&quot; &lt;<a href=3D"= mailto:cbadillame@stthomas.edu" target=3D"_blank">cbadillame@stthomas.edu</= a>&gt;<br> &gt;&gt; &gt;&gt; Subject: [Videolib] copyright question help<br> &gt;&gt; &gt;&gt; To: &quot;<a href=3D"mailto:videolib@lists.berkeley.edu" = target=3D"_blank">videolib@lists.berkeley.edu</a>&quot; &lt;<a href=3D"mail= to:videolib@lists.berkeley.edu" target=3D"_blank">videolib@lists.berkeley.e= du</a>&gt;<br>

&gt;&gt; &gt;&gt; Message-ID:<br> &gt;&gt; &gt;&gt;<br> &gt;&gt; &gt;&gt; &lt;<a href=3D"mailto:5012AD3225B6CF4A8307C3198E9242CA038= 1D3AC0C@UST-E2K7VS1.stthomas.edu" target=3D"_blank">5012AD3225B6CF4A8307C31= 98E9242CA0381D3AC0C@UST-E2K7VS1.stthomas.edu</a>&gt;<br> &gt;&gt; &gt;&gt; Content-Type: text/plain; charset=3D&quot;us-ascii&quot;<= br> &gt;&gt; &gt;&gt;<br> &gt;&gt; &gt;&gt; I know this question has come up several times. I may was= n&#39;t paying<br> &gt;&gt; &gt;&gt; attention or still did not hear an answer, or I am still = confussed.<br> &gt;&gt; &gt;&gt;<br> &gt;&gt; &gt;&gt; A professor wants to put some clips of some documentaries= on<br> &gt;&gt; Blackboard.<br> &gt;&gt; &gt;&gt; If I read correctly this is ok under the TEACH act and Fa= ir USe, off<br> &gt;&gt; &gt;&gt; course under a lot of conditions (a lot of them technolog= ical<br> &gt;&gt; &gt;&gt; requirements). But also, talks about reasonable amounts a= nd portions.<br> &gt;&gt; &gt;&gt; What is a reasonalble amount? 10% or 3 minutes? I read th= at<br> &gt;&gt; somewhere.<br> &gt;&gt; &gt;&gt;<br> &gt;&gt; &gt;&gt; TEACH Act alos talks about if the work would be part of w= hat the<br> &gt;&gt; &gt;&gt; professor will use in class and so on.<br> &gt;&gt; &gt;&gt; I really don&#39;t uderstanda this part:<br> &gt;&gt; &gt;&gt;<br> &gt;&gt; &gt;&gt; FOR DIGITIZING ANALOG WORKS, NO DIGITAL VERSION OF THE WO= RK IS<br> &gt;&gt; AVAILABLE<br> &gt;&gt; &gt;&gt; FREE FROM TECHNOLOGICAL PROTECTIONS THAT WOULD PREVENT TH= E USES<br> &gt;&gt; &gt;&gt; AUTHORIZED IN SECTION 110.<br> &gt;&gt; &gt;&gt;<br> &gt;&gt; &gt;&gt; So, can we or not take a DVD and stream portions and put = them min<br> &gt;&gt; &gt;&gt; blackboard for a semester, for students to review?<br> &gt;&gt; &gt;&gt; Or we need to get permissions?<br> &gt;&gt; &gt;&gt;<br> &gt;&gt; &gt;&gt; Thanks<br> &gt;&gt; &gt;&gt; Cindy<br> &gt;&gt; &gt;&gt;<br> &gt;&gt; &gt;&gt;<br> &gt;&gt; &gt;&gt; __________________________________________________<br> &gt;&gt; &gt;&gt; Cindy Badilla-Melendez<br> &gt;&gt; &gt;&gt; Media Resources Librarian<br> &gt;&gt; &gt;&gt; O&#39;Shaughnessy-Frey Library,<br> &gt;&gt; &gt;&gt; University of St. Thomas<br> &gt;&gt; &gt;&gt; Mail #5004, 2115 Summit Ave,<br> &gt;&gt; &gt;&gt; St Paul, MN 55105<br> &gt;&gt; &gt;&gt; phone (651) 962-5464<br> &gt;&gt; &gt;&gt; fax (651) 962-5406<br> &gt;&gt; &gt;&gt;<br> &gt;&gt; &gt;&gt;<br> &gt;&gt; &gt;&gt; VIDEOLIB is intended to encourage the broad and lively di= scussion of<br> &gt;&gt; &gt;&gt; issues<br> &gt;&gt; &gt;&gt; relating to the selection, evaluation, acquisition,biblio= graphic<br> &gt;&gt; &gt;&gt; control,<br> &gt;&gt; &gt;&gt; preservation, and use of current and evolving video forma= ts in<br> &gt;&gt; libraries<br> &gt;&gt; &gt;&gt; and<br> &gt;&gt; &gt;&gt; related institutions. It is hoped that the list will serv= e as an<br> &gt;&gt; &gt;&gt; effective<br> &gt;&gt; &gt;&gt; working tool for video librarians, as well as a channel o= f<br> &gt;&gt; communication<br> &gt;&gt; &gt;&gt; between libraries,educational institutions, and video pro= ducers and<br> &gt;&gt; &gt;&gt; distributors.<br> &gt;&gt; &gt;&gt;<br> &gt;&gt; &gt; VIDEOLIB is intended to encourage the broad and lively discus= sion of<br> &gt;&gt; &gt; issues relating to the selection, evaluation,<br> &gt;&gt; acquisition,bibliographic<br> &gt;&gt; &gt; control, preservation, and use of current and evolving video = formats<br> &gt;&gt; in<br> &gt;&gt; &gt; libraries and related institutions. It is hoped that the list= will<br> &gt;&gt; serve<br> &gt;&gt; &gt; as an effective working tool for video librarians, as well as= a<br> &gt;&gt; channel<br> &gt;&gt; of<br> &gt;&gt; &gt; communication between libraries,educational institutions, and= video<br> &gt;&gt; &gt; producers and distributors.<br> &gt;&gt; &gt;<br> &gt;&gt;<br> &gt;&gt;<br> &gt;&gt; Gary Handman<br> &gt;&gt; Director<br> &gt;&gt; Media Resources Center<br> &gt;&gt; Moffitt Library<br> &gt;&gt; UC Berkeley<br> &gt;&gt;<br> &gt;&gt; 510-643-8566<br> &gt;&gt; <a href=3D"mailto:ghandman@library.berkeley.edu" target=3D"_blank"= >ghandman@library.berkeley.edu</a><br> &gt;&gt; <a href=3D"http://www.lib.berkeley.edu/MRC" target=3D"_blank">http= ://www.lib.berkeley.edu/MRC</a><br> &gt;&gt;<br> &gt;&gt; &quot;I have always preferred the reflection of life to life itsel= f.&quot;<br> &gt;&gt; --Francois Truffaut<br> &gt;&gt;<br> &gt;&gt;<br> &gt;&gt; VIDEOLIB is intended to encourage the broad and lively discussion = of<br> &gt;&gt; issues<br> &gt;&gt; relating to the selection, evaluation, acquisition,bibliographic<b= r> &gt;&gt; control,<br> &gt;&gt; preservation, and use of current and evolving video formats in lib= raries<br> &gt;&gt; and<br> &gt;&gt; related institutions. It is hoped that the list will serve as an<b= r> &gt;&gt; effective<br> &gt;&gt; working tool for video librarians, as well as a channel of communi= cation<br> &gt;&gt; between libraries,educational institutions, and video producers an= d<br> &gt;&gt; distributors.<br> &gt;&gt;<br> &gt; VIDEOLIB is intended to encourage the broad and lively discussion of<b= r> &gt; issues relating to the selection, evaluation, acquisition,bibliographi= c<br> &gt; control, preservation, and use of current and evolving video formats i= n<br> &gt; libraries and related institutions. It is hoped that the list will ser= ve<br> &gt; as an effective working tool for video librarians, as well as a channe= l of<br> &gt; communication between libraries,educational institutions, and video<br= > &gt; producers and distributors.<br> &gt;<br> <br> <br> Gary Handman<br> Director<br> Media Resources Center<br> Moffitt Library<br> UC Berkeley<br> <br> 510-643-8566<br> <a href=3D"mailto:ghandman@library.berkeley.edu" target=3D"_blank">ghandman= @library.berkeley.edu</a><br> <a href=3D"http://www.lib.berkeley.edu/MRC" target=3D"_blank">http://www.li= b.berkeley.edu/MRC</a><br> <br> &quot;I have always preferred the reflection of life to life itself.&quot;<= br> --Francois Truffaut<br> <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>

</div></div></blockquote></div><br></div></div></div> <br>VIDEOLIB is intended to encourage the broad and lively discussion of is= sues relating to the selection, evaluation, acquisition,bibliographic contr= ol, preservation, and use of current and evolving video formats in librarie= s and related institutions. It is hoped that the list will serve as an effe= ctive working tool for video librarians, as well as a channel of communicat= ion between libraries,educational institutions, and video producers and dis= tributors.<br>

<br></blockquote></div><br><br clear=3D"all"><br>-- <br>Best,<br>Dennis Dor= os<br>Milestone Film &amp; Video<br>PO Box 128<br>Harrington Park, NJ 07640= <br>Phone: 201-767-3117<br>Fax: 201-767-3035<br>email: <a href=3D"mailto:mi= lefilms@gmail.com">milefilms@gmail.com</a><br> <a href=3D"http://www.milestonefilms.com">www.milestonefilms.com</a><br><a = href=3D"http://www.exilesfilm.com">www.exilesfilm.com</a><br><a href=3D"htt= p://www.killerofsheep.com">www.killerofsheep.com</a><br> </div></div>

--001636e1fbd1c4ff560465d21f75--

--===============4942109626974356944== Content-Type: text/plain; charset="us-ascii" MIME-Version: 1.0 Content-Transfer-Encoding: 7bit Content-Disposition: inline

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.

--===============4942109626974356944==--