Re: Circulating videos

Gary Handman (ghandman@library.berkeley.edu)
Tue, 16 Nov 1999 08:25:04 -0800 (PST)

Interesting commentsd, LaRoi, but there's a statement in your note which
is rather misleading: ..."<smaller>any Instructor who wants to use
<bold><italic>Saving Private Ryan</italic> to his or her History class
risks being sued by the copyright owner.</bold></smaller>" While fair
use is a chimerical concept (particularly in relation to visual
materials), the one hard and fast fair use exemption is the use of
copyrighted works in the context of face to face teaching. An instructor
who uses Private Ryan as an integral part of curriculum is protected by
fair use under the current terms of the law.

Loaning materials to other institutions really has nothing whatsoever to
do with copyright or with fair use (unless the lender is specifically
aware that the materials being loaned will be used in ways which
infringe). The right to loan copyrighted materials is covered (still, I
believe) under the First Sale Doctrine of the copyright law. It's
generally the end-user's responsibility to adhere to copyright.

Gary Handman

UC Berkeley

At 06:45 AM 11/16/1999 -0800, you wrote:

>>>>

<excerpt><smaller>Dear VidLibers:

I find this listserv very informative and engaging and glad that I can
participate and respond to queries that concern all of us. With respect
to ILL of AV materials, CUNY (The City University of New York) is
currently attempting to deal with this

as well. Overall, many of us in media are concerned about the copyright
issues, and as a result have heard some horror stories on this subject.
We are all aware of the ongoing developments in copyright law. At the
same time the technology has

gone through a metamorphosis that has not stopped. This has had a
positive and

negative effect on the educational needs of our students, faculty and
staff. While I

promote the use of ILL for fair use across campuses, and universities,
there appears to be no standard policy nation-wide, much less state wide,
depending upon who you talk to. When I peruse
<<http://www.cetus.org/>http://www.cetus.org/ the issues are even more
complicated than before. Obviously vendors are in the thick of this
debate and any Instructor who wants to use <bold><italic>Saving Private
Ryan</italic> to his or her History class risks being sued by the
copyright owner. The lack of any standardized "fair use guidelines"
across the board for educational multimedia places a huge burden

on educators who are encouraged to utilize many of today's new teaching
technologies. The debate continues......

</bold></smaller><bold>

<smaller>LaRoi Lawton

Library/Learning Center

Bronx Community College

Bronx, NY 10453

</smaller><excerpt>
</excerpt></bold><excerpt><fontfamily><param>Arial</param><smaller>-----Original
Message-----

From:
<bold><<mailto:videolib@library.berkeley.edu>videolib@library.berkeley.edu
<<<<mailto:videolib@library.berkeley.edu>videolib@library.berkeley.edu>

</bold>To: <bold>Laroi Lawton <<Laroi Lawton>

</bold>Date: <bold>Monday, November 15, 1999 7:07 PM

</bold>Subject: <bold>Re: Circulating videos

</bold></smaller></fontfamily><bold>

Kim,

At UCSD we circulate videos on campus & via ILL to other academic

institutions. We do not circulate or ILL film prints. We have never
had a

problem w/ ILL.

Stephen

At 12:44 PM 11/15/99 -0800, you wrote:

>We circulate videos, both on campus and via ILL. I would encourage you
to

>look over the GUIDELINES FOR THE INTERLIBRARY

> LOAN OF AUDIOVISUAL FORMATS at

><<http://www.lib.virginia.edu/dmmc/VRT/illguide.html>http://www.lib.virginia.edu/dmmc/VRT/illguide.html.

>

>We lend to colleges and universities in the US via our ILL
department....

>

>At 12:31 PM 11/15/99 -0800, Kim Hale wrote:

>>Hello:

>>

>>Are there any academic institutions among the VIDEOLIB membership who

>>allow videos to circulate via ILL? I am interested in your policies,

>>procedures and also any issues you have encountered. I'd also be
happy

>>to hear from the public library sector as well.

>>

>>Thank you for your help.

>>

>>Kim

>>

>>Kimberly Hale, Acquisitions Librarian/Coordinator of Collection
Development

>>Library, Columbia College Chicago

>>624 South Michigan Avenue Chicago, IL 60605

>>(312)344-7355(voice) / (312)344-8062(fax)

>>

>

>________________________________________

>Rick E. Provine

>Director for Media||Robertson Media Center

>Clemons Library||University of Virginia

>VOICE 804.924.8814||FAX 804.924.7468

><<mailto:provine@virginia.edu>provine@virginia.edu

><<http://www.lib.virginia.edu/clemons/RMC>www.lib.virginia.edu/clemons/RMC

>________________________________________

>

Stephen O'Riordan

Film & Video Library

University of Calif. San Diego

9500 Gilman Drive, La Jolla Ca 92023-0175Q

phone: (619) 534-7981

fax: (619) 534-0189

e-mail: <<mailto:soriordan@ucsd.edu>soriordan@ucsd.edu

<<http://orpheus.ucsd.edu/fvl/FVLPAGE.HTM>http://orpheus.ucsd.edu/fvl/FVLPAGE.HTM

</bold></excerpt><bold>

</bold></excerpt><bold><<<<<<<<

</bold>

Gary Handman

Director

Media Resources Center

Moffitt Library

UC Berkeley 94720-6000

http://www.lib.berkeley.edu/MRC

"Everything wants to become television" (James Ulmer -- Teletheory)