Re: [Videolib] Copyright lawyers and such

ghandman@library.berkeley.edu
Tue, 24 Mar 2009 08:11:38 -0700 (PDT)

Hi Christine and others

"Streaming into BlackBoard" basically means either 1) putting up a link to
a web-based resource or 2) embedding a linked file within an html page on
BlackBoard. If you've licensed an online video resource for access via IP
or some other form of institutional authentication, it really doesn't
matter WHERE you stick the link, whether it be in an OPAC, a stand-alone
web page, or an learning management system such as BlackBoard, Web CT,
whatever.

gary handman

> This is a very frustrating subject, as we all know. When I was at ACRL
> last week, I visited with the folks from Alexander Street Press. We have
> their Dance in Video and Theatre in Video products and our instructors
> really like them. I am considering the History in Video. They said we
> could stream them into Blackboard and did not mention any restrictions.
> That would be very attractive. My history faculty is anxious to get this
> product. Were the reps wrong? Many of the items in their collection are
> from the History Channel.
>
> Christine C. Godin
> Dean of Learning Resources
> Adjunct Faculty, Theatre
> Northwest Vista College
> 3535 N. Ellison Dr.
> San Antonio, TX 78251
> 210.486.4572 voice
> 210.486.4504 fax
>
> -----Original Message-----
> From: videolib-bounces@lists.berkeley.edu
> [mailto:videolib-bounces@lists.berkeley.edu] On Behalf Of Susan Albrecht
> Sent: Tuesday, March 24, 2009 7:21 AM
> To: videolib@lists.berkeley.edu
> Subject: Re: [Videolib] Copyright lawyers and such
>
> I agree with Sarah. What can it hurt to have an additional
> opinion? So long as it's expressed as an opinion. We certainly have
> had people on Videolib claiming X is true or Y is fact or that you
> can't ever do Z, without much mention that they're expressing
> opinion. It is a very frustrating thing, because it would be
> incredibly NICE if this were a simple, straightforward issue with
> easy answers, and it really does suck at times when one is faced with
> a huge variety of opinions on what is kosher and what is not.
>
> For instance, at the start of this thread, we have Gary, our esteemed
> list guru, saying that basically it's a no-go for Cindy's prof unless
> it's short clips and doesn't involve any illegal circumvention [the
> view I've pretty much held to as well], followed by Carrie saying
> Blackboard can be used and there's no limit on length! Wha--?? I'm
> guessing we'd all LOVE that if we were sure it were legal, but are
> we?? If we were, wouldn't we be doing what Jessica suggests and
> shouting out, "I'm doing this and it's legal!"? It DOES come down to
> opinion -- and acceptable risk, as Gary noted -- it seems to me.
>
> Jessica is also right that stuff IS happening or at least that
> pressure IS being brought to bear on media people to digitize &
> stream entire films to make them available for regular classes, for
> convenience, etc. Get those tomatoes ready to toss my way, because I
> actually really hope Sarah is right about that lawsuit, and I
> actually hope it comes sooner rather than later. That would give us
> all something much firmer to go on!
>
> Finally, going back to the original question from Cindy, this doesn't
> even sound like a distance education course. What am I missing? I
> thought TEACH pertained to distance ed, not regular, on-campus
> classes. I understand what the prof is saying, in that a short--or
> compacted--summer course makes it hard for everything to be covered
> in class, yadda yadda, but if it's a bricks-and-mortar classroom, why
> is TEACH even being invoked? Aren't we really talking Fair Use only?
>
> Susan at Wabash
>
>
> At 08:45 PM 3/23/2009, you wrote:
>>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
>
> Susan Albrecht
> Acquisitions Manager
> Wabash College Lilly Library
> Crawfordsville, IN
> x6216
> albrechs@wabash.edu
>
> ************************************************************************
> *********
> "If you choose not to decide, you still have made a choice."--Neil Peart
> ************************************************************************
> *********
>
>
>
> 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.