Re: [Videolib] classroom use of "home and community viewing" dvd

From: Jessica Rosner <maddux2014@gmail.com>
Date: Tue Jul 28 2009 - 14:29:36 PDT

Um what law talks about multiple copies being fair use ? That is a new one
please let me know where that is.
Also other than Sony please not any case of "fair use" being up held in non
transformative use .

Worth noting that while it awaits final settlement ( largely because they
are hiding behind sovereign immunity) Georgia State backed off its claim
that it was
"Fair use" to put up whole works on its internet site for use by students.
After being sued by small publishers they no longer do so at least not that
they will admit to.

On Tue, Jul 28, 2009 at 5:12 PM, Brewer, Michael <
brewerm@u.library.arizona.edu> wrote:

> Gary is correct, here. Contracts can (and often do) trump copyright law.
> That is why it is so important we not rely entirely on contracts,
> specifically in the online environment. Transformative is one type of use
> that has been quoted in court rulings (though it is not part of the law).
> There are many other ways a use can be fair and not transformative. I
> think Claire and others have sited a number of them. Educational uses are
> very often not transformative, but can be fair. The law itself talks about
> multiple copies for classroom use as an example of what could be fair.
> There would not seem to be any transformative element to that (though you
> could certainly manufacture one).
>
> mb
> ________________________________
> From: videolib-bounces@lists.berkeley.edu [
> videolib-bounces@lists.berkeley.edu] On Behalf Of Jessica Rosner [
> maddux2014@gmail.com]
> Sent: Tuesday, July 28, 2009 1:32 PM
> To: videolib@lists.berkeley.edu
> Subject: Re: [Videolib] classroom use of "home and community viewing" dvd
>
> Gary we agree on the basic thing but it has NOTHING to do with "fair use"
> and in fact I can't think of ANY contract from any company that could or
> would restrict "Fair Use". "Fair Use" is when you use a portion of something
> to create something else , the famous " transformative " use. I have never
> seen or heard of a contract that would restrict that ( the DMCA restricts
> your ability to make a copy to do it from an encrypted DVD but it does not
> say you can't use a clip from the original item format as inconvenient a
> that is). I don't mean to get into a semantics argument but it is crucial
> here. " Face to Face " is an important and specific right granted under
> copyright law but it is totally separate from "fair use".
>
> On Tue, Jul 28, 2009 at 4:23 PM, <ghandman@library.berkeley.edu<mailto:
> ghandman@library.berkeley.edu>> wrote:
> Not in this case, Jessica, but what I'm saying is that unless it's
> contractually locked down, vendors have no right to offer conditions of
> use that attempt to trump fair use.
>
> gary
>
>
>
> > We agree completely on this Gary but I wish you would not have mentioned
> > "Fair Use" which has nothing to do this one which is obviously covered by
> > the Face to Face exemption. My skin starts to crawl a bit when " Fair
> Use"
> > is thrown around in the same discussion with using a whole film. Too many
> > academics through the term around like it is a magic potion for doing
> > whatever they want regardless of copyright.
> >
> > On Tue, Jul 28, 2009 at 3:24 PM, <ghandman@library.berkeley.edu<mailto:
> ghandman@library.berkeley.edu>> wrote:
> >
> >> Anyone on this list who doesn't known this stuff by now should have his
> >> or
> >> her professional stripes ripped off the sleeve.
> >>
> >> The real (profoundly annoying) issue here is really the all too common
> >> practice of certain vendors of trying to foist off bum information and
> >> false requirements that fly in the face of either/and 1) fair use rights
> >> 2) other use rights afforded under current copyright.
> >>
> >> I will go to my grave railing against vendors who claim that public
> >> performance rights are needed just because an institution is buying. If
> >> you use the video in face-to-face curricular use in the classroom, you
> >> don't need no steeenking performance rights.
> >>
> >> If you can buy it on the open market as home video, it's absolutely cool
> >> to use it in f-to-f classroom teaching.
> >>
> >> If a vendor wants to tier price, so be it...but call it what it is.
> >>
> >> gary handman
> >>
> >>
> >> > OK kids just remember:
> >> >
> >> > If the screening does not follow the following guidelines it is indeed
> >> > illegal and I will and HAVE caught several unsuspecting entities. :)
> >> >
> >> > Face-to-Face Teaching Exemption:
> >> >
> >> > Use of a copyrighted film in classroom teaching, other than
> >> educational
> >> > broadcasting, is a public performance which is exempt from the
> >> licensing
> >> > requirement if all of the following conditions are met:
> >> >
> >> > *The ³performance² (showing of the film) must be by the instructor or
> >> > pupils.
> >> >
> >> > *The performance must be a part of face-to-face teaching activities.
> >> The
> >> > teacher and students need not actually be able to see each other, but
> >> > they
> >> > must be present simultaneously in the same general area. Although one
> >> > needs
> >> > to be flexible about indirect delivery of a film to a single
> >> classroom,
> >> in
> >> > general, the exemption does not include remote transmission of any
> >> sort,
> >> > including closed circuit or cable originating from another part of the
> >> > school. (An educational broadcasting exemption exists, but does not
> >> apply
> >> > to movies.
> >> >
> >> > THE BIG ONE:
> >> >
> >> > *The performance must be a part of the teaching activities of a
> >> non-profit
> >> > educational institution. The teaching activities must involve
> >> systematic
> >> > instruction rather than recreation or entertainment (regardless of the
> >> > cultural value or intellectual appeal of ³high-concept² pictures).
> >> The
> >> > presenting location must be a non-profit school of some sort.
> >> Foundations
> >> > or associations or other non-profit ³educational² institutions are not
> >> > exempted.
> >> >
> >> > For example: Neither the recreational film series presented by a
> >> faculty
> >> > advisor of a college nor a face-to-face classroom instruction using
> >> The
> >> > Red
> >> > Shoes at a commercial dance studio are exempt under this provision.
> >> >
> >> > *The performance must occur in a classroom or similar place devoted to
> >> > instruction. The exemption is for classroom, not school
> >> performances.
> >> > Performances during school assembly, graduation ceremony or other
> >> general
> >> > school event are not exempt.
> >> >
> >> > *The performance must not use a film copy which was illegally made and
> >> > which
> >> > the person responsible knew or had reason to believe was not lawfully
> >> > made.
> >> >
> >> > *Please remember that showing a film without first obtaining the
> >> copyright
> >> > puts the university, college, your organization and yourself at risk
> >> of
> >> > liability which can include fines, penalties, court costs, and legal
> >> fees
> >> > upwards of $50,000 per abuse.
> >> >
> >> > Benjamin Crossley-Marra
> >> > Non-Theatrical Distribution
> >> > Zeitgeist Films Ltd.
> >> > 247 Centre St, 2nd fl
> >> > New York, NY 10013
> >> > P: (212) 274-1989
> >> > C: (607) 765-7511
> >> > F: (212) 274-1644
> >> > http://www.zeitgeistfilms.com
> >> >
> >> >
> >> > On 7/28/09 2:51 PM, "ghandman@library.berkeley.edu<mailto:
> ghandman@library.berkeley.edu>"
> >> > <ghandman@library.berkeley.edu<mailto:ghandman@library.berkeley.edu>>
> wrote:
> >> >
> >> >> Unless you signed a contract at the point of purchase which
> >> specifically
> >> >> outlined these terms of use, the company has no right to do anything
> >> >> about
> >> >> classroom use. The latter is provided for under law, and the
> >> statement
> >> >> on
> >> >> the DVD is stupid and non-binding.
> >> >>
> >> >> I personally wouldn't worry about it.
> >> >>
> >> >> Gary Handman
> >> >>
> >> >>
> >> >>
> >> >>> Dear video experts,
> >> >>>
> >> >>> I've just purchased a DVD that came with a restriction I haven't
> >> seen
> >> >>> before. We bought a "home use" DVD from a major vendor for an
> >> >>> instructor
> >> >>> who wants to show it in a class under the usual
> >> >>> "face-to-face-teaching-in-the-classroom" exemption. I popped it in
> >> the
> >> >>> DVD
> >> >>> player and was presented with a statement that the DVD is for "home
> >> and
> >> >>> community viewing only" and that "use by universities, colleges,
> >> >>> schools,
> >> >>> public libraries" etc. was strictly prohibited. This was not
> >> specified
> >> >>> anywhere on the website that I saw when I ordered and paid. I think
> >> >>> there
> >> >>> was no contract prohibiting classroom use under the exemption, so we
> >> >>> can
> >> >>> use it. I also think it's curious that they specify "community"
> >> viewing
> >> >>> is
> >> >>> allowed. What do you think?
> >> >>>
> >> >>> Thanks for your advice.
> >> >>>
> >> >>> Deborah Benrubi
> >> >>> Technical Services Librarian
> >> >>> University of San Francisco
> >> >>> Gleeson Library|Geschke Center
> >> >>> 2130 Fulton St.
> >> >>> San Francisco, CA 94117
> >> >>>
> >> >>> PHONE (415) 422-5672 / FAX (415) 422-2233
> >> >>> EMAIL <benrubi@usfca.edu<mailto:benrubi@usfca.edu>>
> >> >>> 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<mailto: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<mailto: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<mailto: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.
>

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.
Received on Tue Jul 28 14:29:52 2009

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