Video Streaming Copy Rights

Subject: Video Streaming Copy Rights
From: Herb Safford <herb.safford@xxxxxxx>
Date: Mon, 07 Mar 2005 13:22:28 -0600
Hello  --



Rod Library, University of Northern Iowa, has begun to experiment with
video-streaming in support of university coursework.  We hope to do this
both via our on-campus intranet and via our state-wide, fiber optic,
interactive television system.



We own, and will continue to purchase, video materials in digital format.
We are not wholly clear, however, as to whether there are generally
understood or industry-wide practices governing rights to stream video which
was purchased without a specific license specification addressing our right
to do this.



When we have permitted use of a video cassette or DVD in a classroom, we
have determined that we have performance rights for such materials.  Does
anyone have a clear understanding as to whether and when such performance
rights permit us to stream the product content to locations on campus and/or
to learning sites off campus?



We have contacted several copyright holders and intermediaries, and have
found mixed opinion and practice concerning our right to do this, whether
justified by Fair Practice or the TEACH Act.  Some copyright holders seem
not to understand what video streaming is.  Some understand, and want to
charge a premium, retrospective to our purchase of a product, for the right
to stream.  Some take the position that we have the right to stream the
product so long as we have purchased a copy with associated performance
rights.



I would be very interested in experiences, opinions, citations and so forth
which will help us understand what is correct and/or common practice from a
copyright perspective.



Thank you.



Dr. Herbert D. Safford

Information Librarian & Bibliographer

Rod Library

University of Northern Iowa

Cedar Falls, Iowa 50613



(319) 273-3711

Herb.Safford@xxxxxxx

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