Re: Electronic reserves & audio & video clips

Rick Provine (provine@virginia.edu)
Fri, 04 Sep 1998 08:51:58 -0400

--=====================_514223==_.ALT
Content-Type: text/plain; charset="us-ascii"

I am not so sure I completely agree with you, Gary. Certainly there are no
statutes that grant this use absolutely, but if you examine the tests of fair
use, then I think you can make a good case.

Of course, you need to restrict access to the materials (not available outside
of your domain, or password protected). And of course, building an archive
without permission is also tabu...but treating the clips like other reserve
materials for a semester seems fine to me.

At 01:27 PM 9/3/98 -0700, Gary Handman wrote:
>Karen...
>
>It seems to me that there is absolutely NO leg to stand on, legally or
>otherwise, as far as putting up reserve viewing clips (a derivative work is
>a derivative work). As we all know, the rules for the print domain are
>substantially different from the moving image and sound domain...in the
>latter case, neither the current copyright law nor the detestable CCUMC
>multimedia fair use guidelines (nor the abortive CONFU draft guidelines on
>reserves) would seem to offer even the slightest crack into which to wedge
>such an enterprise.
>
>The exceptions would, of course, be clips of items owned by your
>institution, items clearly identifiable as PD (good luck!), or stuff for
>which permission has been secured.
>
>At UCB, we're going to start experimenting with putting up compendia of
>streamed clips using stuff which we know is "safe" and to limit these to
>the Berkeley.edu domain. Don't think I'd be willing to step too far
>outside of these bounds at present.
>
>Even if video could be tucked into the same legal niche as print reserves,
>there's still the issue of retention to be faced: in theory, print
>reserves are permitted because of the notion that the material is needed in
>short order--that use of this material has the element of spontaneity which
>would be shot by having to first secure permissions. That's why keeping
>stuff indefinitely on reserve (or at least on reserve for multiple
>semesters) is a "no." Now, just think of the work it's gonna take to edit,
>digitize and mount video clips. You really gonna want to scrap all this
>work after one or two semesters; I don't think so.
>
>
>I'd be very interested in learning about how your project is going, or if
>you come across opinion or information which runs contrary to my spoutings
>above...
>
>Cheers!
>
>Gary Handman
>Director
>Media Resources Center
>Moffitt Library
>UC Berkeley, CA 94720-6000
>510-643-8566
>ghandman@library.berkeley.edu
>http://www.lib.berkeley.edu/MRC
>
>"You are looking into the mind of home video. It is innocent, it is aimless,
>it is determined, it is real" --Don DeLillo, Underworld
>
________________________________________
Rick E. Provine
Director for Media and Electronic Center Services
Clemons Library||University of Virginia
VOICE 804.924.8814
FAX 804.924.7468
CELL 804.981.5541
provine@virginia.edu
www.lib.virginia.edu/ecenters.html
________________________________________

--=====================_514223==_.ALT
Content-Type: text/html; charset="us-ascii"

I am not so sure I completely agree with you, Gary.  Certainly there are no statutes that grant this use absolutely, but if you examine the tests of fair use, then I think you can make a good case. 

Of course, you need to restrict access to the materials (not available outside of your domain, or password protected).  And of course, building an archive without permission is also tabu...but treating the clips like other reserve materials for a semester seems fine to me. 


At 01:27 PM 9/3/98 -0700, Gary Handman wrote:
>Karen...
>
>It seems to me that there is absolutely NO leg to stand on, legally or
>otherwise, as far as putting up reserve viewing clips (a derivative work is
>a derivative work).  As we all know, the rules for the print domain are
>substantially different from the moving image and sound domain...in the
>latter case, neither the current copyright law nor the detestable CCUMC
>multimedia fair use guidelines (nor the abortive CONFU draft guidelines on
>reserves) would seem to offer even the slightest crack into which to wedge
>such an enterprise.
>
>The exceptions would, of course, be clips of items owned by your
>institution, items clearly identifiable as PD (good luck!), or stuff for
>which permission has been secured.
>
>At UCB, we're going to start experimenting with putting up compendia of
>streamed clips using stuff which we know is "safe"  and to limit these to
>the Berkeley.edu domain.   Don't think I'd be willing to step too far
>outside of these bounds at present.
>
>Even if video could be tucked into the same legal niche as print reserves,
>there's still the issue of retention to be faced:  in theory, print
>reserves are permitted because of the notion that the material is needed in
>short order--that use of this material has the element of spontaneity which
>would be shot by having to first secure permissions.  That's why keeping
>stuff indefinitely on reserve (or at least on reserve for multiple
>semesters) is a "no."  Now, just think of the work it's gonna take to edit,
>digitize and mount video clips.  You really gonna want to scrap all this
>work after one or two semesters; I don't think so.
>
>
>I'd be very interested in learning about how your project is going, or if
>you come across opinion or information which runs contrary to my spoutings
>above...
>
>Cheers!
>
>Gary Handman
>Director
>Media Resources Center
>Moffitt Library
>UC Berkeley, CA 94720-6000
>510-643-8566
>ghandman@library.berkeley.edu
>http://www.lib.berkeley.edu/MRC
>
>"You are looking into the mind of home video.  It is innocent, it is aimless,
>it is determined, it is real" --Don DeLillo, Underworld
>
________________________________________
Rick E. Provine
Director for Media and Electronic Center Services
Clemons Library||University of Virginia
VOICE 804.924.8814
FAX 804.924.7468
CELL 804.981.5541
provine@virginia.edu
www.lib.virginia.edu/ecenters.html
________________________________________
--=====================_514223==_.ALT--