Re: Streaming video and public performance

["M. Claire Stewart" <claire-stewart@xxxxxxxxxxxxxxxx>]

I think the question is where do you draw the line as far as fair use 
and the new provisions of the copyright law introduced by TEACH.  I 
think if we were talking about books or articles some of the 
discussion going on here about "streaming rights" would clearly be 
seen as ridiculous. Yes, I realize that video can be performed in a 
way the books cannot. But performance and display and copying, etc. 
etc. are all exclusive rights of the copyright holder.  How does your 
campus interpret the limitations on these exclusive rights?

When we talk about "separate rights" for streaming, what we are 
really talking about is whether or not the distributor of the video 
is willing to sell you an additional license to use library materials 
in a certain way.  Frankly, I think video distributors would be 
insane not to do this because it creates a new revenue stream for 
them AND a kind of control over the video market that they have never 
had.  It allows them, finally, to get more of a handle on what people 
are really doing with these titles after they purchase them.  It 
could start out as language in a license but if digital rights 
management technology ever actually is made to work (I'm skeptical 
but it could happen) they could start preventing uses they don't 
specifically license through the "rights management" (or restrictions 
management if you prefer) technologies. Thank you, Digital Millennium 
Copyright Act.

It is technically accurate for deg to say that "Purchase of a copy 
does not carry with it the right to stream".  Rights, unless the work 
in question has expired into the public domain, are always the 
exclusive property of the copyright holder.  Fair use is not a right. 
It is a defense against the copyright holders objection that you are 
exercising one of their exclusive rights.  How broadly does your 
institution interpret fair use?

Claire


At 7:35 PM -0700 3/9/05, deg farrelly wrote:
> You do not have to "Permit use of a video or DVD in a classroom"  US
> Copyright law specifically * exempts * face-to-face instruction from public
> performance limitations.  PPR are NOT needed for face to face instruction.
>
> But certain conditions must be met, including, limiting the access to
> students enrolled in the course, etc.
>
> I don't think that you can make a blanket case for streaming to be permitted
> just because you have a copy of the title in hard copy.  (You would think
> that having a digital copy would already include streaming rights in the
> purchase or license)
>
> John Mitchell is wrong.  There may in fact be separate rights for streaming.
> Puchase of a copy does not carry with it the right to stream.
>
> Glenn Folkvord wrote:
> > >
> If you have the rights to use a book in a classroom and are allowed to
> photocopy it to all the students, how is that different from streaming the
> video to the students? It's just another way of copying data. I assume
> copying a book to students is not defined as "public performance".<<
>
> No, copying a book to students is not defined as "public performance"...It's
> defined as "copyright violation"   Having the rights to use a book in a
> classroom does NOT translate to be allowed to photocopy it for all the
> students in the class!
>
>
> --
> deg farrelly, Associate Librarian
> Arizona State University at the West Campus
> PO Box 37100
> Phoenix, Arizona  85069-7100
> Phone:  602.543.8522
> Email:  deg.farrelly@xxxxxxx
>
>
>
> >  Date: Mon, 07 Mar 2005 13:22:28 -0600
> >  To: digital-copyright@xxxxxxxxxxxxxx
> >  From: Herb Safford <herb.safford@xxxxxxx>
> >  Subject: Video Streaming Copy Rights
>
> >  Hello  --
> >
> >  Rod Library, University of Northern Iowa, has begun to experiment with
> >  video-streamingstem.
> <snip>
>
> >  We own, and will continue to purchase, video materials in digital format.
> <snip>
> >  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.
> <snip>
> >  Dr. Herbert D. Safford
>
> >  ------------------------------
> >
> >  Date: Mon, 7 Mar 2005 11:52:31 -0800 (PST)
> >  To: "Herb Safford" <herb.safford@xxxxxxx>
> >  From: "John Mitchell" <john@xxxxxxxxxxxxxxxxxx>
> >  Cc: digital-copyright@xxxxxxxxxxxxxx
> >  Subject: Re: Video Streaming Copy Rights
> >  Message-ID: <3918.68.49.191.15.1110225151.squirrel@xxxxxxxxxxxx>
> >
> >  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


--
___________________________________________
M. Claire Stewart
Head, Digital Media Services
Marjorie I. Mitchell Multimedia Center
Northwestern University Library
(847) 467-1437
claire-stewart@xxxxxxxxxxxxxxxx
http://staffweb.library.northwestern.edu/staff/cstewart/
http://copyrightreadings.blogspot.com