Re: [Videolib] on-line streaming media licenses

From: Lawrence Daressa <LD@newsreel.org>
Date: Mon Dec 14 2009 - 12:51:31 PST

California Newsreel, after convoluted consideration of the legal and
practical implications streaming licensing, decided about a year ago to
sell streaming licenses in perpetuity for the life of the first
compression file from a DVD. We determined that we could not grant the
right to make additional copies or conversions since we might well not
be the rights holder at the time of the file migration. If we were, we
would allow the format change at no additional charge.

That said, we are not committed in perpetuity to selling streaming
licenses (as opposed to a subscription or rental model)or to selling
them at a single price for every title and every institution. But that's
what we're doing at present.

Larry

Lawrence Daressa
California Newsreel
500 Third Street, Suite 505
San Francisco, CA 94107
phone: 415.284.7800
fax: 415.284.7801
lgd@newsreel.org
www.newsreel.org
 
-----Original Message-----
From: videolib-bounces@lists.berkeley.edu
[mailto:videolib-bounces@lists.berkeley.edu] On Behalf Of
videolib-request@lists.berkeley.edu
Sent: Monday, December 14, 2009 12:26 PM
To: videolib@lists.berkeley.edu
Subject: videolib Digest, Vol 25, Issue 26

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Today's Topics:

   1. Re: Blu-ray versus Standard DVD (Kim Crowley)
   2. Re: Online streaming media licenses
      (ghandman@library.berkeley.edu)
   3. Re: Online streaming media licenses: YIPES
      (ghandman@library.berkeley.edu)
   4. Re: Online streaming media licenses: YIPES (Hutchison, Jane)
   5. Re: Online streaming media licenses (jwoo)
   6. Re: Online streaming media licenses: YIPES (Jessica Rosner)
   7. Re: Online streaming media licenses: regarding terms "In
      Perpetuity" (Chip Taylor)

----------------------------------------------------------------------

Message: 1
Date: Mon, 14 Dec 2009 11:51:27 -0700
From: Kim Crowley <kcrowley@flathead.mt.gov>
Subject: Re: [Videolib] Blu-ray versus Standard DVD
To: "videolib@lists.berkeley.edu" <videolib@lists.berkeley.edu>
Message-ID:
        <7A99ADDE84B14443A78DF0CBB44578F335BF9942CE@dsmail.FLATHEAD>
Content-Type: text/plain; charset="Windows-1252"

We are not purchasing Blu-ray at this time, though some libraries in our
consortium are doing so. To my knowledge we haven't had any customers
ask for them specifically.
kc

Kim Crowley, Director
Flathead County Library System phone: 406.758.5826
247 First Avenue East fax: 406.758.5868
Kalispell, MT. 59901-4598
kcrowley@flathead.mt.gov

read our blog @ http://flatheadcountylibrary.blogspot.com/
________________________________________
From: videolib-bounces@lists.berkeley.edu
[videolib-bounces@lists.berkeley.edu] On Behalf Of Jessica Rosner
[maddux2014@gmail.com]
Sent: Monday, December 14, 2009 10:10 AM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Blu-ray versus Standard DVD

I assume he eliminated the book budget as well ?

On Sun, Dec 13, 2009 at 10:55 AM, Walt Lessun <waltl@gogebic.edu> wrote:
> At Gogebic, our Dean of Business Services freed the library from
having to
> make that decision. He zeroed out our AV materials budget line?
>
> We are, after all, Pure Michigan.
>
>
>
>
>
> Walter Lessun, MSLS, MBA
>
> Director
>
> Alex D. Chisholm Library
>
> Gogebic Community College
>
> High Tech and Affordable: Your Superior Educational Choice
>
> http://www.gogebic.edu/library
>
> Ex ultione gaudium
>
>
>
>
>
>
>
> From: videolib-bounces@lists.berkeley.edu
> [mailto:videolib-bounces@lists.berkeley.edu] On Behalf Of GODIN,
CHRISTINE
> Sent: Saturday, December 12, 2009 2:19 PM
>
> To: videolib@lists.berkeley.edu
> Subject: RE: [Videolib] Blu-ray versus Standard DVD
>
>
>
> Um, I meant to say higher eNd machines!
>
>
>
> Christine Crowley Godin, M.A.
>
> Dean of Learning Resources
>
> Adjunct Instructor, Theatre
>
> Northwest Vista College
>
> 3535 N. Ellison Drive
>
> San Antonio, TX 78251
>
> 210.486.4572
>
> cgodin@alamo.edu (beginning Aug. 1st, 2009)
>
>
>
>
>
> ________________________________
>
> From: videolib-bounces@lists.berkeley.edu on behalf of GODIN,
CHRISTINE
> Sent: Sat 12/12/2009 11:53 AM
> To: videolib@lists.berkeley.edu
> Subject: RE: [Videolib] Blu-ray versus Standard DVD
>
> If I were in a public library, I would certainly consider it for
popular
> films but we probably won't go there. We are moving into more
streaming
> video for educational use--Alexander Street, FMG, primarily. We'll
stick
> with regular DVDs as long as they can play on higher ed machines.
>
>
>
> Christine Crowley Godin, M.A.
>
> Dean of Learning Resources
>
> Adjunct Instructor, Theatre
>
> Northwest Vista College
>
> 3535 N. Ellison Drive
>
> San Antonio, TX 78251
>
> 210.486.4572
>
> cgodin@alamo.edu (beginning Aug. 1st, 2009)
>
>
>
>
>
> ________________________________
>
> From: videolib-bounces@lists.berkeley.edu on behalf of Dennis Doros
> Sent: Sat 12/12/2009 11:47 AM
> To: Video Library questions
> Subject: [Videolib] Blu-ray versus Standard DVD
>
> Dear folks,
>
>
>
> I'd really love to know...
>
>
>
> How many of you actively purchase Blu-ray discs?
>
>
>
> How many of you won't buy blu-ray discs now or in the next year?
>
>
>
> How many of you prefer to buy a Blu-ray film rather than a similar
film on
> DVD?
>
>
>
> If there was a Blu-ray disc with one free SD-download, would that be
helpful
> in making your decisions?
>
>
>
> Just thinking of our next steps...
>
> --
> Best,
> Dennis Doros
> Milestone Film & Video/Milliarium Zero
> PO Box 128
> Harrington Park, NJ 07640
> Phone: 201-767-3117
> Fax: 201-767-3035
> email: milefilms@gmail.com
> www.milestonefilms.com
> www.arayafilm.com
> www.exilesfilm.com
> www.wordisoutmovie.com
> www.killerofsheep.com
> AMIA Philadelphia 2010: www.amianet.org
> Join "Milestone Film" on Facebook!
>
> 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.

------------------------------

Message: 2
Date: Mon, 14 Dec 2009 11:51:24 -0800
From: ghandman@library.berkeley.edu
Subject: Re: [Videolib] Online streaming media licenses
To: videolib@lists.berkeley.edu
Message-ID:
        <5f9a099763e6e684507f135d22d772d7.squirrel@calmail.berkeley.edu>
Content-Type: text/plain;charset=utf-8

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

------------------------------

Message: 3
Date: Mon, 14 Dec 2009 11:54:52 -0800
From: ghandman@library.berkeley.edu
Subject: Re: [Videolib] Online streaming media licenses: YIPES
To: ghandman@library.berkeley.edu
Cc: videolib@lists.berkeley.edu
Message-ID:
        <4402cd92b5402aa6a968a994b2b6a0ba.squirrel@calmail.berkeley.edu>
Content-Type: text/plain;charset=utf-8

...I must have leaned on the SEND button...

...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

------------------------------

Message: 4
Date: Mon, 14 Dec 2009 15:08:58 -0500
From: "Hutchison, Jane" <HutchisonJ@wpunj.edu>
Subject: Re: [Videolib] Online streaming media licenses: YIPES
To: <videolib@lists.berkeley.edu>
Message-ID:
        
<4D509E6F1D635043BC720A5B2A4EAE6507DD551B@callisto.unv.campus.wpunj.edu>
        
Content-Type: text/plain; charset="us-ascii"

I concur with Gary. That's what we would like in New Jersey. Jane

Jane B. Hutchison
Associate Director
President
Instruction & Research Technology CCUMC:
Leadership in Media & Academic Technology
William Paterson University
http://www.ccumc.org
Wayne, NJ 07470
973-720-2980 (work)
973-418-7727 (cell)
973-720-2585 (facs)
hutchisonj@wpunj.edu

-----Original Message-----
From: videolib-bounces@lists.berkeley.edu
[mailto:videolib-bounces@lists.berkeley.edu] On Behalf Of
ghandman@library.berkeley.edu
Sent: Monday, December 14, 2009 2:55 PM
To: ghandman@library.berkeley.edu
Cc: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Online streaming media licenses: YIPES

...I must have leaned on the SEND button...

...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.

------------------------------

Message: 5
Date: Mon, 14 Dec 2009 12:09:08 -0800
From: jwoo <jwoo@cca.edu>
Subject: Re: [Videolib] Online streaming media licenses
To: videolib@lists.berkeley.edu
Message-ID: <B4AC7236-A7D9-4E40-8966-62DB4733CA7D@cca.edu>
Content-Type: text/plain; charset=US-ASCII; delsp=yes; format=flowed

Tammy, you might want to contact the Statewide California Electronic
Library Consortium License Review Committee - http://scelc.org/lrc -
the consortium has some deals with Alexander Street Press, including
outright purchase

On Dec 14, 2009, at 10:34 AM, Tammy Ravas wrote:

> 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.
>

------------------------------

Message: 6
Date: Mon, 14 Dec 2009 15:23:30 -0500
From: Jessica Rosner <maddux2014@gmail.com>
Subject: Re: [Videolib] Online streaming media licenses: YIPES
To: videolib@lists.berkeley.edu
Message-ID:
        <55e0d0090912141223y3989642dsfdd1106bcf9a44a6@mail.gmail.com>
Content-Type: text/plain; charset=ISO-8859-1

I think there is a good chance of getting that kind of contract
/rights with a significant number of educational / non fiction films
but there will be some major exceptions. Also I don't see the studios
or owners of the major foreign libraries going for it. Bottom line is
that there will never be a totally simplified system that allows to
buy and use all the films that might be requested in an easy and
affordable manner which probably means that some choices will have to
be made on if certain works are worth either the financial commitment
or the inconvenience of not being able to stream them.

I think the vast majority of both distributors and librarians on this
list want to work together on a viable solution but remember we only
represent a fraction of both groups.

Jessica

On Mon, Dec 14, 2009 at 2:54 PM, <ghandman@library.berkeley.edu> wrote:
> ...I must have leaned on the SEND button...
>
> ...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.
>

------------------------------

Message: 7
Date: Mon, 14 Dec 2009 15:27:30 -0500
From: "Chip Taylor" <chip.taylor@chiptaylor.com>
Subject: Re: [Videolib] Online streaming media licenses: regarding
        terms "In Perpetuity"
To: <videolib@lists.berkeley.edu>
Message-ID: <1cdef324$312cf630$73163c56$@com>
Content-Type: text/plain; charset="us-ascii"

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.

 
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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.
Received on Mon Dec 14 13:03:04 2009

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