Re: Video Streaming Copy Rights

["John Mitchell" <john@xxxxxxxxxxxxxxxxxx>]

A public performance is a public performane is a public performance. Video
streaming is simply one more method for performing a work publicly. There
is no separate exclusive right to stream it.

John

> 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