Re: [Videolib] Here we go again!

From: Brewer, Michael <brewerm@u.library.arizona.edu>
Date: Mon Sep 28 2009 - 17:08:31 PDT

You can encode from analog, or if you don't circumvent the anti-piracy on a DVD (there are still many DVDs that don't utilize this), you can encode from that. The exception to the DMCA is only for in class use (which is goofy) and, as you note, only for specific disciplines.

mb
________________________________
From: videolib-bounces@lists.berkeley.edu [videolib-bounces@lists.berkeley.edu] On Behalf Of Jessica Rosner [maddux2014@gmail.com]
Sent: Monday, September 28, 2009 4:43 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Here we go again!

Michael not to be an idiot but I really am clueless on some of this stuff. Does Blackboard allow you stream or otherwise
make available on a server material that is encrypted without having to break/bypass it ?

Also worth noting that the film clip for film class exemption is up in October and as those who where following earlier testimony and hearings know , the academic community would like this to extend to other disciplines while the studios would like it eliminated.

On Mon, Sep 28, 2009 at 7:21 PM, Brewer, Michael <brewerm@u.library.arizona.edu<mailto:brewerm@u.library.arizona.edu>> wrote:
Valerie,

I'd suggest you use the Exceptions for Instructors eTool, which I created to help people work through these very issues. I don't think there is much controversy over whether or not you can put a clip or two up on Blackboard (unless you are breaking DMCA), though the length of the clip or clips is certainly something people differ on. You're not going to get any resolution on that, since the law is vague. This tool should help, however. It will also give you a nice time stamped PDF (with all the information you provide it and a lot of info on the law) that you can take to your university counsel or to a copyright specialist to further discuss your use.

http://librarycopyright.net/etool/

mb

Michael Brewer
Team Leader for Undergraduate Services
University of Arizona Library
brewerm@u.library.arizona.edu<mailto:brewerm@u.library.arizona.edu>

-----Original Message-----
From: videolib-bounces@lists.berkeley.edu<mailto:videolib-bounces@lists.berkeley.edu> [mailto:videolib-bounces@lists.berkeley.edu<mailto:videolib-bounces@lists.berkeley.edu>] On Behalf Of ghandman@library.berkeley.edu<mailto:ghandman@library.berkeley.edu>
Sent: Monday, September 28, 2009 2:51 PM
To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu>
Subject: Re: [Videolib] Here we go again!

Hi Valerie

Jessica's right (for once): DMCA sez you really can't break encryption on
a DVD to extract the clip unless you're a film or media studies faculty
person using the clip for classroom teaching. Stupidly enough, if you had
a tape of the Burns work, it'd be different.

There is a great deal of controversy about the fair use protections for
putting a clip up on blackboard or other learning management platforms.
Lawyers from a few (but not many) universities have claimed the practice
is fair use...others say 'no way'.

The duration and number of clips is also nowhere quantified. The Fair Use
Guidelines for Educational Multimedia, which were developed before the
advent of the web (and which were not approved by ALA and others) does
offer a number of safe harbor percentages. (The reason ALA bowed out was
it's disapproval of these quanfications).

So...the only thing one can really say is, the shorter and fewer, the better.

gary

> 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.
>

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 Mon Sep 28 17:10:50 2009

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