RE: Streaming video and public performance

["John Mitchell" <john@xxxxxxxxxxxxxxxxxx>]

Deg misstates my position. Of course, purchasing a copy does not carry with
it the right to stream (or to perform it publicly). I have been saying that
for years. What I am saying is that streaming is streaming, and may or may
not be a public performance. Conversely, if you have the right to perform a
work publicly, your method of performing it may be irrelevant. If I have the
right to perform a song, for example, whether I sing it face-to-face, by
telephone or over the Internet is irrelevant (unless the license specifies a
limitation on the method). If I have the right to perform a motion picture,
it matters not one whit whether I perform it using a purchased DVD copy, a
stolen copy, or even an infringing copy. The right of public performance is
completely separate from the tangible medium. (Section 202.)

Sorry for the rant, but I generally agree with all Deg says except for his
mischaracterization of what I said. When I referred to no separate right to
stream it, I am referring to a right separate from the right of public
performance. I am not suggesting at all that ownership gives the right to
perform it publicly, but there is only one right of public performance.

By analogy, if I have the right to reproduce one copy, whether I make a
digital copy, photocopy, crayon copy, photographic copy, etc., is simply one
more method of exercising the right of reproduction, but there is no
separate right to reproduce by tracing -- it is my choice, once I have the
right to reproduce without limitation as to method. So, if you have a
license to perform the work publicly to a particular audience without
limitation as to method, the fact that it was streamed to that audience (and
yes, make sure it is streamed just to that audience) should be irrelevant.

John

-----Original Message-----
From: deg farrelly [mailto:deg.farrelly@xxxxxxx] 
Sent: Wednesday, March 09, 2005 9:35 PM
To: digital-copyright@xxxxxxxxxxxxxx
Subject: Streaming video and public performance

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