[digital-copyright] RE: Amazon streaming video for classroom use?

["Funke, Rebecca S." <rsfunke@xxxxxxxxx>]

I have to admit that when I was first approached with this issue, my first
instinct was to tell the faculty person "no, you can use streaming video
(rented) in the classroom".  Then I read the terms at amazon and I'm not sure
that is does in fact disallow f2f use in the classroom.  The use is clearly
not commercial use and it is, in fact, "limited to you and your invitees."  I
would also not consider a classroom to be a public area.



I'm curious what you think.



Rebecca Funke

Director of Library Resources

Des Moines Area Community College

2006 S. Ankeny Blvd

Ankeny, IA 50023

Ph:  515.964.6328

Email: rsfunke@xxxxxxxxx

"What a school thinks about its library is a measure of what it thinks about
education."

~ Harold Howe, former U.S. Commissioner of Education





-----Original Message-----
From: Varvel, Virgil Eugene Jr [mailto:vvarvel@xxxxxxxxxxxx]
Sent: Tuesday, February 19, 2013 10:08 AM
To: Peter B. Hirtle; Funke, Rebecca S.; digital-copyright@xxxxxxxxxxxxxx
Subject: [digital-copyright] RE: Amazon streaming video for classroom use?



You are not buying a 'legally obtained copy' but rather a license to view the
content according to that license with Netflix, Blockbuster, and streaming
movie providers. I would agree that you cannot show a streamed film from these
providers.  If you have a purchased a digital copy of a movie though (not
rented or obtained through a streaming provider but purchased) that you have
in the Amazon cloud or UVVU, then I'm not so sure. UVVU limits to 6 users, but
does not specify how many people can view the content, and it is an owned
copy, so exemptions should apply, particularly with a downloaded copy that is
played through a player.



-----Original Message-----

From: Peter B. Hirtle [mailto:pbh6@xxxxxxxxxxx]

Sent: Tuesday, February 19, 2013 9:44 AM

To: Funke, Rebecca S.; digital-copyright@xxxxxxxxxxxxxx

Subject: [digital-copyright] RE: Amazon streaming video for classroom use?



Look at the terms of use for the streaming video services and tell me how
classroom use could possibly be authorized since the license is for private
use.  Here is the text from Amazon's

(http://www.amazon.com/gp/help/customer/display.html?nodeId=200026970):



Amazon grants you a non-exclusive, non-transferable, non-sublicensable,
limited right and license, during the applicable Viewing Period, to access,
view, use and display the Digital Content in accordance with the Usage Rules,
for Non-Commercial, Private Use. As used herein, "Non-Commercial, Private
Use"

means a presentation of Digital Content for which no fee or consideration of
any kind (other than that which you pay to us to view the Digital Content) is
charged or received, which takes place in your private home or apartment or,
if outside your private home or apartment (e.g., in a hotel room, dorm room,
office, or airport waiting lounge) is limited to a private viewing for you and
your invitees. Non-Commercial, Private Use specifically excludes any public
presentation (e.g., a presentation in a dorm lounge) and any presentation by a
place of public accommodation or other commercial establishment (e.g., a bar
or restaurant), even if no fee is charged for viewing the Digital Content.



As our students who wished to share music learned the hard way, just because
something is easy to do technically does not make it automatically legal.



Peter Hirtle



-----Original Message-----

From: Funke, Rebecca S. [mailto:rsfunke@xxxxxxxxx]

Sent: Monday, February 18, 2013 10:19 PM

To: digital-copyright@xxxxxxxxxxxxxx

Subject: [digital-copyright] Amazon streaming video for classroom use?



Hi all,

Have any of you have requests from faculty to use streaming video from Amazon
(or Netflix) in the classroom (online or face 2 face)?  I'm curious to know
how you responded.





Rebecca Funke

Director of Library Resources

Des Moines Area Community College

2006 S. Ankeny Blvd

Ankeny, IA 50023

Ph:  515.964.6328

Email:
rsfunke@xxxxxxxxx<mailto:rsfunke@xxxxxxxxx<mailto:rsfunke@xxxxxxxxx%3cmailto:
rsfunke@xxxxxxxxx>>

"What a school thinks about its library is a measure of what it thinks about
education."

~ Harold Howe, former U.S. Commissioner of Education