Re: [Videolib] Here we go again!

From: Jessica Rosner <maddux2014@gmail.com>
Date: Mon Sep 28 2009 - 13:44:14 PDT

Well as it stands now you can't use ANY clip if the source material had an
encryption code which I am guessing JAZZ did. The studios fearing widespread
illegal streaming passed The Digital Millennium Copyright Act ( DMCA) which
makes it illegal to ever break the encryption without permission. There is
currently one exemption which allows clips of FILMS to be used in FILM
STUDIES classes only. Now I am not a techie but it was my impression that in
order to put clips up froman encrypted DVD for Blackboard you would have to
break the code . Now not everything is encrypted and there is some tech way
dumbing down the format to not have to bypass the encryption but I am told
it looks bad.

Back to your real question, there is no specific amount but more than a few
institutions have been pushing the envelope
and even claiming an entire feature film can be used under "fair use'. The
closest recent legal case on this was Georgia State which made similar
claims with printed materials ( whole articles, chapters of books) but then
backed down when challenged by a group of small publishers. However because
they backed down rather than test their claim that "educational"
institutions where somehow entitled to put whole works on line, no actual
precedent has been created though the case was still active last I checked
because the publishers still wanted discovery and damages.

Personally I would like some reasonable rules established on clips but the
studios are understandably paranoid though I think they are ignoring the
forest ( the illegal use of whole films) for the trees ( legitimate use of
small portions of a work).

On Mon, Sep 28, 2009 at 4:20 PM, Valerie Gangwer <vgangwer@mbc.edu> wrote:

> Hello All,
> I have finally gotten one of 'those' messages, where a teacher in one of
> our
> satellite Adult Degree offices wants to put clips from Ken Burn's 'Jazz'
> series on Blackboard for students to watch. What portion of a complete work
> is considered fair game in this case? Is it possible at all? So far we have
> not engaged in any streaming licenses, and we don't have enough bandwidth
> as
> it is. Comments? Suggestions?
> Thanks,
> Val
>
>
> Valerie Gangwer
> Director of Media Services
> Mary Baldwin College
> 540-887-7267
> Access. Service. Knowledge.
> ASK@Grafton library
>
>
>
>
> 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 Mon Sep 28 13:44:31 2009

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