Re: [Videolib] Copyright lawyers and such

Sarah McCleskey (Sarah.E.McCleskey@hofstra.edu)
Mon, 23 Mar 2009 20:45:02 -0400

Actually there has been some argument on the list that it "should" be legal to stream an entire film. Jessica, I'm interested to hear whatever your lawyer pal has to say. We all know that the law is subject to interpretation and that some institutions have a higher tolerance for risk than others. Having another voice added to the discussion could be beneficial for all of us. As Gary pointed out, what we do as individual institutions is heavily influenced by what our legal counsel will support (i.e. defend us for when we get sued). I'm not even saying "if we get sued" because imho some school that's digitizing entire feature films and streaming them for the convenience of their students is going to get sued.
I think it's just a matter of time. But I represent a conservative institutional philosophy ... and therefore am not streaming anything in its entirety without acquiring rights. (okay there is ONE thing but I have documented a lengthy fair-use analysis on why it's probably okay.)

I say bring on the legal opinions.

Sarah @ Hofstra

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)
>>> Deg Farrelly <deg.farrelly@awy]su.edu.> 03/23/09 7:19 PM >>>
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 wh

o 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.

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.