Re: [Videolib] whoa! what a flurry of emails on film clips

Jessica Rosner (maddux2014@gmail.com)
Tue, 24 Mar 2009 13:34:11 -0400

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I don't want to flame anything ( and besides I really need to get to the
post office). I don't have a problem withTEACH for Distance Education but
when applied to "regular" classes and those bricks and mortar schools I do.

It may seem cruel to keep saying "convenience " but it is. Students CAN
watch the film in class, they can watch the film in the library and I assume
depending on the set up they can take a copy out but being able to watch a
film anytime anywhere is not the same. Everyone goes nuts at the thought
that students would have to buy a copy of every film used in a class and I
don't blame them but they DO buy copies of books used in classes so IF you
want
to be able to see a film OUTSIDE of a class and OUTSIDE of a library there
should be a fee.

I still find it inordinately frustrating that no person or institution which
believes that they can ( and do) stream whole films is willing to say so
publicly. If it is your belief that it is legal then let's get a ruling on
it.

Now to the post office

PS I will going to Cubs Spring Training tomorrow with limited internet
access so have a fun week without me.

On Tue, Mar 24, 2009 at 1:19 PM, Carrie Russell <crussell@alawash.org>wrote:

>
> In response to Jessica's questions:
>
> I have no knowledge of people streaming titles for the convenience of
> students. This may occur but it is not the topic of TEACH. TEACH is
> about performing and displaying protected works for non-profit
> educational purposes. TEACH is about teaching - it says that protected
> works should only be available to students for the class session.
>
> The legislative history makes clear that TEACH does not apply to class
> reserves, and perhaps this is where some institutions are posting films
> - in e-reserves or on faculty web sites- for students to access
> throughout the semester. If this does occur, the institution believes
> that it is a fair use to do this. They are not relying on the TEACH
> exception.
>
> Regarding the scanning of an entire book for online use -- TEACH is an
> exception for public performance and display. Congress was not thinking
> of books being a displayed or performed because this is not how books
> are used in the classroom. They tried to make parallels to the
> face-to-face classroom. So with the book example, it would be weird for
> a book to be displayed on a big screen in class and have the students
> read the book in this way during the class session. The rights of
> public performance and display were added to the copyright law
> specifically for works that are commercially exploited by viewing or
> seeing. It was a show ticket type of economy. Producers were not
> selling copies of 35mm film prints to the public. That would not be
> commercially viable, so they showed films in theatres where you buy a
> ticket to view an event. (Of course, this has changed a great deal now
> that the public regularly buys DVDs etc. But the value remains in the
> performance, not in just having copies that cannot be viewed).
>
> I understand that the streaming market is important to vendors other
> than big Hollywood studios. The Hollywood people did have lobbyists who
> helped craft the TEACH Act to benefit the motion picture industry and
> this is their job and they are very effective. I don't know if they were
> thinking about independent video types but they did not represent them
> in the negotiations.
>
> I think one might argue that screening entire films via digital networks
> should be lawful because it is lawful to show the title in the face to
> face classroom. What is different, of course, is the delivery method.
> It is a performance either way. But Congress said no, you cannot use
> the TEACH Act to do this.
>
> Meanwhile another exception is the law --fair use -- is technologically
> neutral - so fair use applies to whether you are making either a digital
> or analog use. If TEACH did not exist, educators would only have fair
> use to determine if a use was fair. Before 2002, TEACH did not exist
> and educators were using fair use to show digital works via digital
> networks. No one was sued so it seemed an indication that even rights
> holders thought that this was a fair use since they did not object. Now
> that TEACH does exist, there is constraint on using films in their
> entirety, but only in the TEACH context - TEACH did not change fair use.
> So you can see for people that it is nonsensical to say that streaming
> is different than face-to-face because it wasn't before 2002, and it
> continues to not be true now if one relies on fair use rather than or in
> addition to TEACH.
>
> In this context, I can see full length screening of motion pictures in a
> secure, non-profit, teaching environment as fair given the title is
> lawfully acquired. I work with attorneys every day. When told that
> educational institutions are purchasing additional licenses to stream
> titles for non-profit, teaching purposes, they could not believe it.
> Why would we do that? When told that a new market has developed to sell
> streaming rights, they still felt that the use was fair. They thought
> that libraries, not knowing any better, "fell for an argument" that they
> had to pay. University counsel was no help because they said "gee, you
> better pay that additional fee because we don't want to be sued." Now
> many are buying these licenses, conditioning people to believe that the
> use is no longer a fair use because you can pay for the use or because
> you face the risk of being sued.
>
> I recognize that this is an economic concern for the smaller players in
> the motion picture industry, and I am sorry that this is so. Just as
> the copyright law does not provide an excuse for schools that are very
> poor to buy one copy of a textbook and use that one copy to make copies
> for every student in the school, the law does not increase the rights of
> copyright for smaller companies that are struggling financially.
>
> I expect much flaming now.
> -Carrie
> -----------------------------
>
> Message: 2
> Date: Tue, 24 Mar 2009 12:17:07 -0400
> From: Jessica Rosner <maddux2014@gmail.com>
> Subject: Re: [Videolib] whoa! what a flurry of emails on film clips
> To: videolib@lists.berkeley.edu
> Message-ID:
> <55e0d0090903240917q33181c8exbba82b6473f49287@mail.gmail.com>
> Content-Type: text/plain; charset="windows-1252"
>
> CarrieOne quick response. Streaming is NOT the same as face to face and
> it
> is not just greedy studio people who would like to be paid for this use.
> If
> you were talking about streaming TO a classroom that would be one thing
> but
> this is done so students can see films in essence at their convenience.
> While this might make things nice and easy it is not really their
> "right" to
> watch the film anytime , anywhere so long as it is part of course.
> Regular
> bricks and mortar classes have plenty of opportunity to see a work
> either in
> class or at the library.It is fact the smaller companies that are hit
> hardest when the concept of streaming a whole work without paying any
> fee is
> proposed. I grant you that some of the current "models" are out of whack
> price wise but hopefully that can work out. I am curious is it your
> belief
> that
> an entire book can be scanned and posted on line for a class provided
> it is
> "password protected" ?
>
> I am alsol curious about an example of an entire film being considered
> "Fair
> Use" . The only example I recall involved what would be called exigent
> circumstances but at most meant that the institution would have to pay
> for
> it after the fact not that it was actually covered so if you have an
> example
> I would love to hear it.
>
> On Tue, Mar 24, 2009 at 11:54 AM, Carrie Russell
> <crussell@alawash.org>wrote:
>
> > I am writing again to try and clarify what I said and have said in
> the
> > past about the TEACH Act, about fair use and about anti-circumvention.
> >
> >
> >
> > 1. TEACH Act applies to both synchronous and asynchronous teaching.
> It
> > also applies to the blended classroom ? meaning you might be taking
> a
> > regular face-to-face class but the teacher may use digital
> technologies to
> > deliver content to the classroom and to secure, networks for
> enrolled
> > students only (like Blackboard). I quoted from the legislative
> history to
> > explain this in an earlier post.
> >
> >
> >
> > 1. TEACH limits the public performance of audiovisual works
> (including
> > DVDs) to portions necessary to meet the teaching goal. Throughout
> Section
> > 110(2), we are reminded that one can use the portions that they
> would
> > typically use in the analog/video/16mm classroom, but for audio
> visual works
> > the law is saying even though you would ordinarily screen an entire
> film in
> > the face-to-face classroom, you cannot do that under TEACH.
> Audiovisual
> > works are treated differently than most other works in TEACH.
> >
> >
> >
> > 1. Switching over to fair use (Section 107) -- The third factor of
> fair
> > use asks that we consider the amount of work we want to use. If
> one can
> > generalize, the less you use, the more likely your use is fair.
> HOWEVER,
> > the third factor is only one factor that we are asked to consider
> in making
> > a fair use assessment. So, it is POSSIBLE that screening an entire
> film via
> > a digital network might be fair given the specific facts of the
> situation at
> > hand.
> >
> >
> >
> > (Editorial comment: I have been asked before to give an example of
> when it
> > might be fair to show an entire film via a digital network. Some
> people on
> > the list cannot imagine a situation when it would ever be fair to show
> an
> > entire film. Other people think it could be possible and they may
> even be
> > doing it. Other people think this part of TEACH is absurd since the
> same
> > use is occurring for teaching purposes whether on Blackboard or in the
> > classroom so what is the difference. The difference is that lobbyists
> for
> > the motion picture industry fought hard to get this special treatment
> in
> > order to establish a new revenue stream for licensing films for
> streaming.
> > Even though you bought a DVD for teaching purposes, some vendors would
> like
> > you to pay again in order to stream it).
> >
> >
> >
> > 1. Fair use guidelines (10% of this, 10 lines of that etc) are MADE
> UP
> > rules. They are not in the law ANYWHERE. You may choose to use
> guidelines
> > as your local policy but they do not have the force and effect of
> law.
> >
> >
> >
> > 1. On to anti-circumvention -- The DMCA put in effect a new legal
> way
> > for rights holders to protect the use of their works primarily to
> control
> > the unauthorized use of digital content that had not been lawfully
> acquired
> > (paid for). It is a deviation from the rest of the copyright law
> in that it
> > controls ACCESS. Under the copyright law?s exclusive rights, there
> is no
> > right of access ? for example, you can go to the bookstore, and
> look at
> > books and magazines, even read an article or two, without
> permission from
> > the rights holder -- but the DMCA adds this right of access for
> digital
> > works. This makes sense to an extent because one should pay to
> have digital
> > access (like with your cable bill). It would be wrong to snag a
> cable box
> > and get free cable. The thought was that rights holders need to
> make money
> > on digital works which are obviously more vulnerable to easy
> copying and
> > distribution so this provision is necessary.
> >
> >
> >
> > 1. The problem with digital locks comes into play when one wants to
> use
> > a work in a lawful way but the technology prevents them from doing
> so. For
> > example, the library buys lots of DVDs. Many are encrypted with
> content
> > scrambling to prevent copying. But some copying is fair, such as
> showing
> > clips of DVDs in the classroom. If you circumvent the technology
> in order
> > to make the lawful clip, you are in violation of the DMCA
> anti-circumvention
> > provision (described above). You may be exercising fair use, but
> you broke
> > a code to do it and breaking the code is against the
> anti-circumvention
> > provision.
> >
> >
> >
> > 1. Congress thought this might be a problem, so they added
> rulemaking
> > proceedings to occur every three years to find out if the
> anti-circumvention
> > provision was preventing the public from exercising fair use. One
> exemption
> > to the anti-circumvention provision that has been approved for
> several years
> > is that one can circumvent an e-book to enable the read aloud
> function so
> > the reading impaired can listen to an e-book they have lawfully
> acquired.
> >
> >
> >
> > 1. Currently under consideration is whether faculty can circumvent
> CSS
> > technology on DVDs that they have purchased, in order to copy a
> clip for use
> > in the face-to-face classroom.
> >
> >
> >
> > 1. Finally to complicate matters ? back to TEACH (which was passed
> > after the DMCA). If you wanted to use a clip from a DVD but could
> not do so
> > because of anti-circumvention, TEACH says you can go ahead and
> digitize an
> > analog version of the title in order to create the digital clip to
> use for
> > teaching. TEACH spells this out specifically because Congress does
> not want
> > you to violate the DMCA in order to exercise a right they give you
> in
> > TEACH. If you can only find your title in a format that is
> encrypted (there
> > are no unencrypted version like a videotape), you are out of luck.
> You
> > cannot break the code on the encrypted DVD UNLESS it is decided
> that these
> > works are exempt in the DMCA rulemaking. At this time, they are
> exempt for
> > faculty who teach film or media studies, not for any other faculty
> unless
> > there is a change made at the rulemaking to expand the provision.
> >
> >
> >
> > 1. As my cataloging professor use to say, ?Clear as mud??
> >
> >
> >
> > Carrie Russell, Director
> >
> > Program on Public Access to Information
> >
> > American Library Association
> >
> > Office for Information Technology Policy
> >
> > 1615 New Hampshire Avenue NW, First Floor
> >
> > Washington, DC 20009
> >
> > 202.628.8410/800.941.8478
> >
> > 202.628.8419 (fax)
> >
> > crussell@alawash.org
> >
> >
> >
> >
> >
> > 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.
> >
> >
> -------------- next part --------------
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> End of videolib Digest, Vol 16, Issue 52
> ****************************************
>
> 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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I don&#39;t want to flame anything ( and besides I really need to get to th=
e post office). I don&#39;t have a problem with<div>TEACH for Distance Educ=
ation but when applied to &quot;regular&quot; classes and those bricks and =
mortar schools I do.</div>
<div><br></div><div>It may seem cruel to keep saying &quot;convenience &quo=
t; but it is. Students CAN watch the film in class, they can watch the film=
in the library and I assume depending on the set up they can take a copy =
=A0out but being able to watch a film anytime anywhere is =A0not the same. =
Everyone goes nuts at the thought that students would have to buy a copy of=
every film used in a class and I don&#39;t blame them but they DO buy copi=
es of books used in classes so IF you want</div>
<div>to be able to see a film OUTSIDE of a class and OUTSIDE of a library t=
here should be a fee.</div><div><br></div><div>I still find it inordinately=
frustrating that no person or institution which believes that they can ( a=
nd do) stream whole films is willing to say so publicly. If it is your beli=
ef that it is legal then let&#39;s get a ruling on it.</div>
<div><br></div><div>Now to the post office</div><div><br></div><div>PS I wi=
ll going to Cubs Spring Training tomorrow with limited internet access so h=
ave a fun week =A0without me.</div><div><br></div><div><br></div><div><br>
</div><div><br></div><div><div class=3D"gmail_quote">On Tue, Mar 24, 2009 a=
t 1:19 PM, Carrie Russell <span dir=3D"ltr">&lt;<a href=3D"mailto:crussell@=
alawash.org">crussell@alawash.org</a>&gt;</span> wrote:<br><blockquote clas=
s=3D"gmail_quote" style=3D"margin:0 0 0 .8ex;border-left:1px #ccc solid;pad=
ding-left:1ex;">
<br>
In response to Jessica&#39;s questions:<br>
<br>
I have no knowledge of people streaming titles for the convenience of<br>
students. =A0This may occur but it is not the topic of TEACH. =A0TEACH is<b=
r>
about performing and displaying protected works for non-profit<br>
educational purposes. =A0TEACH is about teaching - it says that protected<b=
r>
works should only be available to students for the class session.<br>
<br>
The legislative history makes clear that TEACH does not apply to class<br>
reserves, and perhaps this is where some institutions are posting films<br>
- in e-reserves or on faculty web sites- for students to access<br>
throughout the semester. =A0If this does occur, the institution believes<br=
>
that it is a fair use to do this. They are not relying on the TEACH<br>
exception.<br>
<br>
Regarding the scanning of an entire book for online use -- TEACH is an<br>
exception for public performance and display. =A0Congress was not thinking<=
br>
of books being a displayed or performed because this is not how books<br>
are used in the classroom. =A0They tried to make parallels to the<br>
face-to-face classroom. =A0So with the book example, it would be weird for<=
br>
a book to be displayed on a big screen in class and have the students<br>
read the book in this way during the class session. =A0The rights of<br>
public performance and display were added to the copyright law<br>
specifically for works that are commercially exploited by viewing or<br>
seeing. It was a show ticket type of economy. =A0Producers were not<br>
selling copies of 35mm film prints to the public. =A0That would not be<br>
commercially viable, so they showed films in theatres where you buy a<br>
ticket to view an event. (Of course, this has changed a great deal now<br>
that the public regularly buys DVDs etc. =A0But the value remains in the<br=
>
performance, not in just having copies that cannot be viewed).<br>
<br>
I understand that the streaming market is important to vendors other<br>
than big Hollywood studios. =A0The Hollywood people did have lobbyists who<=
br>
helped craft the TEACH Act to benefit the motion picture industry and<br>
this is their job and they are very effective. I don&#39;t know if they wer=
e<br>
thinking about independent video types but =A0they did not represent them<b=
r>
in the negotiations.<br>
<br>
I think one might argue that screening entire films via digital networks<br=
>
should be lawful because it is lawful to show the title in the face to<br>
face classroom. =A0What is different, of course, is the delivery method.<br=
>
It is a performance either way. =A0But Congress said no, you cannot use<br>
the TEACH Act to do this.<br>
<br>
Meanwhile another exception is the law --fair use -- is technologically<br>
neutral - so fair use applies to whether you are making either a digital<br=
>
or analog use. =A0If TEACH did not exist, educators would only have fair<br=
>
use to determine if a use was fair. =A0Before 2002, TEACH did not exist<br>
and educators were using fair use to show digital works via digital<br>
networks. No one was sued so it seemed an indication that even rights<br>
holders thought that this was a fair use since they did not object. =A0Now<=
br>
that TEACH does exist, there is constraint on using films in their<br>
entirety, but only in the TEACH context - TEACH did not change fair use.<br=
>
So you can see for people that it is nonsensical to say that streaming<br>
is different than face-to-face because it wasn&#39;t before 2002, and it<br=
>
continues to not be true now if one relies on fair use rather than or in<br=
>
addition to TEACH.<br>
<br>
In this context, I can see full length screening of motion pictures in a<br=
>
secure, non-profit, teaching environment as fair given the title is<br>
lawfully acquired. =A0I work with attorneys every day. =A0When told that<br=
>
educational institutions are purchasing additional licenses to stream<br>
titles for non-profit, teaching purposes, they could not believe it.<br>
Why would we do that? When told that a new market has developed to sell<br>
streaming rights, they still felt that the use was fair. =A0 =A0They though=
t<br>
that libraries, not knowing any better, &quot;fell for an argument&quot; th=
at they<br>
had to pay. =A0University counsel was no help because they said &quot;gee, =
you<br>
better pay that additional fee because we don&#39;t want to be sued.&quot; =
Now<br>
many are buying these licenses, conditioning people to believe that the<br>
use is no longer a fair use because you can pay for the use or because<br>
you face the risk of being sued.<br>
<br>
I recognize that this is an economic concern for the smaller players in<br>
the motion picture industry, and I am sorry that this is so. =A0Just as<br>
the copyright law does not provide an excuse for schools that are very<br>
poor to buy one copy of a textbook and use that one copy to make copies<br>
for every student in the school, the law does not increase the rights of<br=
>
copyright for smaller companies that are struggling financially.<br>
<br>
I expect much flaming now.<br>
-Carrie<br>
-----------------------------<br>
<br>
Message: 2<br>
Date: Tue, 24 Mar 2009 12:17:07 -0400<br>
From: Jessica Rosner &lt;<a href=3D"mailto:maddux2014@gmail.com">maddux2014=
@gmail.com</a>&gt;<br>
Subject: Re: [Videolib] whoa! what a flurry of emails on film clips<br>
<div class=3D"im">To: <a href=3D"mailto:videolib@lists.berkeley.edu">videol=
ib@lists.berkeley.edu</a><br>
</div>Message-ID:<br>
=A0 =A0 =A0 =A0&lt;<a href=3D"mailto:55e0d0090903240917q33181c8exbba82b647=
3f49287@mail.gmail.com">55e0d0090903240917q33181c8exbba82b6473f49287@mail.g=
mail.com</a>&gt;<br>
Content-Type: text/plain; charset=3D&quot;windows-1252&quot;<br>
<div><div></div><div class=3D"h5"><br>
CarrieOne quick response. Streaming is NOT the same as face to face and<br>
it<br>
is not just greedy studio people who would like to be paid for this use.<br=
>
If<br>
you were talking about streaming TO a classroom that would be one thing<br>
but<br>
this is done so students can see =A0films in essence at their convenience.<=
br>
While this might make things nice and easy it is not really their<br>
&quot;right&quot; to<br>
watch the film anytime , anywhere so long as it is part of course.<br>
Regular<br>
bricks and mortar classes have plenty of opportunity to see a work<br>
either in<br>
class or at the library.It is fact the smaller companies that are hit<br>
hardest when the concept of streaming a whole work without paying any<br>
fee is<br>
proposed. I grant you that some of the current &quot;models&quot; are out o=
f whack<br>
price wise but hopefully that can work out. I am curious is it your<br>
belief<br>
that<br>
an entire book can be scanned and posted on =A0line for a class provided<br=
>
it is<br>
&quot;password protected&quot; ?<br>
<br>
I am alsol curious about an example of an entire film being considered<br>
&quot;Fair<br>
Use&quot; . The only example I recall involved what would be called exigent=
<br>
circumstances but at most meant that the institution would have to pay<br>
for<br>
it after the fact not that it was actually covered so if you have an<br>
example<br>
I would love to hear it.<br>
<br>
On Tue, Mar 24, 2009 at 11:54 AM, Carrie Russell<br>
&lt;<a href=3D"mailto:crussell@alawash.org">crussell@alawash.org</a>&gt;wro=
te:<br>
<br>
</div></div><div class=3D"im">&gt; =A0I am writing again to try and clarify=
what I said and have said in<br>
the<br>
&gt; past about the TEACH Act, about fair use and about anti-circumvention.=
<br>
&gt;<br>
&gt;<br>
&gt;<br>
&gt; =A0 =A01. TEACH Act applies to both synchronous and asynchronous teach=
ing.<br>
It<br>
&gt; =A0 =A0also applies to the blended classroom ? meaning you might be ta=
king<br>
a<br>
&gt; =A0 =A0regular face-to-face class but the teacher may use digital<br>
technologies to<br>
&gt; =A0 =A0deliver content to the classroom and to secure, networks for<br=
>
enrolled<br>
&gt; =A0 =A0students only (like Blackboard). =A0I quoted from the legislati=
ve<br>
history to<br>
&gt; =A0 =A0explain this in an earlier post.<br>
&gt;<br>
&gt;<br>
&gt;<br>
</div>&gt; =A0 =A01. TEACH limits the public performance of audiovisual wor=
ks<br>
<div class=3D"im">(including<br>
&gt; =A0 =A0DVDs) to portions necessary to meet the teaching goal. =A0Throu=
ghout<br>
Section<br>
&gt; =A0 =A0110(2), we are reminded that one can use the portions that they=
<br>
would<br>
&gt; =A0 =A0typically use in the analog/video/16mm classroom, but for audio=
<br>
visual works<br>
&gt; =A0 =A0the law is saying even though you would ordinarily screen an en=
tire<br>
film in<br>
&gt; =A0 =A0the face-to-face classroom, you cannot do that under TEACH.<br>
Audiovisual<br>
&gt; =A0 =A0works are treated differently than most other works in TEACH.<b=
r>
&gt;<br>
&gt;<br>
&gt;<br>
</div>&gt; =A0 =A01. Switching over to fair use (Section 107) -- The third =
factor of<br>
<div><div></div><div class=3D"h5">fair<br>
&gt; =A0 =A0use asks that we consider the amount of work we want to use. =
=A0If<br>
one can<br>
&gt; =A0 =A0generalize, the less you use, the more likely your use is fair.=
<br>
HOWEVER,<br>
&gt; =A0 =A0the third factor is only one factor that we are asked to consid=
er<br>
in making<br>
&gt; =A0 =A0a fair use assessment. So, it is POSSIBLE that screening an ent=
ire<br>
film via<br>
&gt; =A0 =A0a digital network might be fair given the specific facts of the=
<br>
situation at<br>
&gt; =A0 =A0hand.<br>
&gt;<br>
&gt;<br>
&gt;<br>
&gt; (Editorial comment: I have been asked before to give an example of<br>
when it<br>
&gt; might be fair to show an entire film via a digital network. =A0Some<br=
>
people on<br>
&gt; the list cannot imagine a situation when it would ever be fair to show=
<br>
an<br>
&gt; entire film. =A0Other people think it could be possible and they may<b=
r>
even be<br>
&gt; doing it. =A0Other people think this part of TEACH is absurd since the=
<br>
same<br>
&gt; use is occurring for teaching purposes whether on Blackboard or in the=
<br>
&gt; classroom so what is the difference. =A0The difference is that lobbyis=
ts<br>
for<br>
&gt; the motion picture industry fought hard to get this special treatment<=
br>
in<br>
&gt; order to establish a new revenue stream for licensing films for<br>
streaming.<br>
&gt; Even though you bought a DVD for teaching purposes, some vendors would=
<br>
like<br>
&gt; you to pay again in order to stream it).<br>
&gt;<br>
&gt;<br>
&gt;<br>
</div></div>&gt; =A0 =A01. Fair use guidelines (10% of this, 10 lines of th=
at etc) are MADE<br>
<div class=3D"im">UP<br>
&gt; =A0 =A0rules. =A0They are not in the law ANYWHERE. =A0You may choose t=
o use<br>
guidelines<br>
&gt; =A0 =A0as your local policy but they do not have the force and effect =
of<br>
law.<br>
&gt;<br>
&gt;<br>
&gt;<br>
</div>&gt; =A0 =A01. On to anti-circumvention -- The DMCA put in effect a n=
ew legal<br>
<div class=3D"im">way<br>
&gt; =A0 =A0for rights holders to protect the use of their works primarily =
to<br>
control<br>
&gt; =A0 =A0the unauthorized use of digital content that had not been lawfu=
lly<br>
acquired<br>
&gt; =A0 =A0(paid for). =A0It is a deviation from the rest of the copyright=
law<br>
in that it<br>
&gt; =A0 =A0controls ACCESS. =A0Under the copyright law?s exclusive rights,=
there<br>
is no<br>
&gt; =A0 =A0right of access ? for example, you can go to the bookstore, and=
<br>
look at<br>
&gt; =A0 =A0books and magazines, even read an article or two, without<br>
permission from<br>
&gt; =A0 =A0the rights holder -- =A0but the DMCA adds this right of access =
for<br>
digital<br>
&gt; =A0 =A0works. =A0This makes sense to an extent because one should pay =
to<br>
have digital<br>
&gt; =A0 =A0access (like with your cable bill). =A0It would be wrong to sna=
g a<br>
cable box<br>
&gt; =A0 =A0and get free cable. The thought was that rights holders need to=
<br>
make money<br>
&gt; =A0 =A0on digital works which are obviously more vulnerable to easy<br=
>
copying and<br>
&gt; =A0 =A0distribution so this provision is necessary.<br>
&gt;<br>
&gt;<br>
&gt;<br>
</div>&gt; =A0 =A01. The problem with digital locks comes into play when on=
e wants to<br>
<div class=3D"im">use<br>
&gt; =A0 =A0a work in a lawful way but the technology prevents them from do=
ing<br>
so. =A0For<br>
&gt; =A0 =A0example, the library buys lots of DVDs. =A0Many are encrypted w=
ith<br>
content<br>
&gt; =A0 =A0scrambling to prevent copying. =A0But some copying is fair, suc=
h as<br>
showing<br>
&gt; =A0 =A0clips of DVDs in the classroom. =A0If you circumvent the techno=
logy<br>
in order<br>
&gt; =A0 =A0to make the lawful clip, you are in violation of the DMCA<br>
anti-circumvention<br>
&gt; =A0 =A0provision (described above). =A0You may be exercising fair use,=
but<br>
you broke<br>
&gt; =A0 =A0a code to do it and breaking the code is against the<br>
anti-circumvention<br>
&gt; =A0 =A0provision.<br>
&gt;<br>
&gt;<br>
&gt;<br>
</div>&gt; =A0 =A01. Congress thought this might be a problem, so they adde=
d<br>
<div class=3D"im">rulemaking<br>
&gt; =A0 =A0proceedings to occur every three years to find out if the<br>
anti-circumvention<br>
&gt; =A0 =A0provision was preventing the public from exercising fair use. =
=A0One<br>
exemption<br>
&gt; =A0 =A0to the anti-circumvention provision that has been approved for<=
br>
several years<br>
&gt; =A0 =A0is that one can circumvent an e-book to enable the read aloud<b=
r>
function so<br>
&gt; =A0 =A0the reading impaired can listen to an e-book they have lawfully=
<br>
acquired.<br>
&gt;<br>
&gt;<br>
&gt;<br>
</div>&gt; =A0 =A01. Currently under consideration is whether faculty can c=
ircumvent<br>
<div class=3D"im">CSS<br>
&gt; =A0 =A0technology on DVDs that they have purchased, in order to copy a=
<br>
clip for use<br>
&gt; =A0 =A0in the face-to-face classroom.<br>
&gt;<br>
&gt;<br>
&gt;<br>
</div>&gt; =A0 =A01. Finally to complicate matters ? back to TEACH (which w=
as passed<br>
<div class=3D"im">&gt; =A0 =A0after the DMCA). =A0If you wanted to use a cl=
ip from a DVD but could<br>
not do so<br>
&gt; =A0 =A0because of anti-circumvention, TEACH says you can go ahead and<=
br>
digitize an<br>
&gt; =A0 =A0analog version of the title in order to create the digital clip=
to<br>
use for<br>
&gt; =A0 =A0teaching. =A0TEACH spells this out specifically because Congres=
s does<br>
not want<br>
&gt; =A0 =A0you to violate the DMCA in order to exercise a right they give =
you<br>
in<br>
&gt; =A0 =A0TEACH. =A0If you can only find your title in a format that is<b=
r>
encrypted (there<br>
&gt; =A0 =A0are no unencrypted version like a videotape), you are out of lu=
ck.<br>
You<br>
&gt; =A0 =A0cannot break the code on the encrypted DVD UNLESS it is decided=
<br>
that these<br>
&gt; =A0 =A0works are exempt in the DMCA rulemaking. =A0At this time, they =
are<br>
exempt for<br>
&gt; =A0 =A0faculty who teach film or media studies, not for any other facu=
lty<br>
unless<br>
&gt; =A0 =A0there is a change made at the rulemaking to expand the provisio=
n.<br>
&gt;<br>
&gt;<br>
&gt;<br>
</div>&gt; =A0 =A01. As my cataloging professor use to say, ?Clear as mud??=
<br>
<div class=3D"im">&gt;<br>
&gt;<br>
&gt;<br>
&gt; Carrie Russell, Director<br>
&gt;<br>
&gt; Program on Public Access to Information<br>
&gt;<br>
&gt; American Library Association<br>
&gt;<br>
&gt; Office for Information Technology Policy<br>
&gt;<br>
&gt; 1615 New Hampshire =A0Avenue NW, First Floor<br>
&gt;<br>
&gt; Washington, DC 20009<br>
&gt;<br>
&gt; 202.628.8410/800.941.8478<br>
&gt;<br>
&gt; 202.628.8419 (fax)<br>
&gt;<br>
&gt; <a href=3D"mailto:crussell@alawash.org">crussell@alawash.org</a><br>
&gt;<br>
&gt;<br>
&gt;<br>
&gt;<br>
&gt;<br>
</div><div class=3D"im">&gt; VIDEOLIB is intended to encourage the broad an=
d lively discussion of<br>
issues<br>
&gt; relating to the selection, evaluation, acquisition,bibliographic<br>
control,<br>
&gt; preservation, and use of current and evolving video formats in<br>
libraries and<br>
&gt; related institutions. It is hoped that the list will serve as an<br>
effective<br>
&gt; working tool for video librarians, as well as a channel of<br>
communication<br>
&gt; between libraries,educational institutions, and video producers and<br=
>
&gt; distributors.<br>
&gt;<br>
&gt;<br>
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End of videolib Digest, Vol 16, Issue 52<br>
****************************************<br>
<div><div></div><div class=3D"h5"><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>

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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.

--===============1466312050761279157==--