Re: [Videolib] Online streaming media licenses: regarding terms "In Perpetuity"

From: Chip Taylor <chip.taylor@chiptaylor.com>
Date: Mon Dec 14 2009 - 12:27:30 PST

Dear List,
I want to add one hopefully useful suggestion to item #1 of Gary's list to
Tammy and the group.
"To grant permission to allow customers to retain a file on a local server
in perpetuity."
I advise customers looking for rights in perpetuity to receive that
permission in writing from any vendor who says they grant that permission.
The majority of producers I've known over 35 years in this business license
programs with distributors for a period of years (the most common being 5
years); they put their trust in vendors to abide by the terms of their
contracts.
If a producer discovers his or her program has been (improperly) licensed
indefinintely, I believe there could be serious consequences.
If a customer receives permission in writing from a vendor confirming that
term; then I believe, if that claim is not factual, the customer may not be
at risk, but the vendor may be.
Bottom line: if a vendor offers you rights in perpetuity, protect yourself
by asking them to put that in writing. A vendor that has secured such
rights, or if the vendor is the actual copyright holder, should have no
problem with providing you with a letter confirming the granting of that
license.

Happy Holidays.

Chip Taylor
www.chiptaylor.com

...as I was saying: I'd be looking for

1. Rights to retain files on a local server in perpetuity
2. Right to deliver to institutionally authenticated clients (i.e. anyone
with an appropriate institution password, regardless of location
3. Right to use extracts or clips in teaching and learning endeavors
4. Right to migrate from one file format to another
5. A fair and decent price

...a lot of the above is pure fantasy, I think...

Gary Handman

> Hi Tammy
>
> Well, we ain't talking Chadwyk-Healey here. The concept of negotiating
> licenses doesn't really apply (at present) to streamed videos--at least
> not streamed educational/documentary videos. There are a handful of
> pricing models and terms of use, and that's that.
>
> In a utopian world (which ours is certainly is not)I'd be looking for
> a license to retain files in perpetuity
>
>
>> Hello CW,
>>
>> This question is mainly for academic media/video librarians. What has
>> been
>> your experience in negotiating licenses for streaming media items? What
>> kinds of things are you looking for in a license?
>>
>> Thanks in advance.
>>
>> Best,
>>
>> Tammy
>>
>>
>> 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
>

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.

 

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 Dec 14 12:26:38 2009

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