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

["Robert Thomas Hayes Link" <rl@xxxxxxxxxxxxxx>]

Professor Smith:

A) Why doesn't the analysis /begin/ with fair use?

B) Why should it go further?

Best,

Robert Link

On Tue, February 19, 2013 8:52 am, Kevin Smith wrote:
> I think we need to be careful not to over-interpret the language here.
>
> First, the provision that allows showing of films in face-to-face
> classrooms
> does not say that one must use a "legally obtained copy," it says that
> one
> must not know or reason to believe that the copy used for the
> performance was
> not "lawfully made under this title."  Surely we have every reason to
> believe
> that the Netflix streams are based on lawfully made copies.
>
> So if nothing in 110(1) prevents a showing of a Netfix stream, we must
> look
> carefully at the licensing language Peter cites.  I actually think it
> is
> carefully written to not take a position on classroom showings.  Such
> a
> showing can certainly be called a non-commercial use, and it is
> arguably
> private -- especially since 110(1) takes face-to-face classroom
> viewing out of
> the category of an impermissible public performance.  The further
> clarifications in the Netflix language seems to confirm this
> impression.  They
> make some exceptions to the restriction to a private home and add the
> requirement that the viewing be attended only by "you and your
> invitees."
> Again, is not this language commodious enough to include a class of
> students,
> especially given the favored treatment of such a group in 110(1)?
> Finally,
> the Netflix terms explicitly rule out some showings -- a showing in a
> dorm
> lounge or place of public accommodation -- and that would seem like an
> obvious
> place to mention a classroom if they wanted to, but they do not.
>
> Bottom line, I think the ambiguity of the Netflix terms ought to leave
> in
> place the rights we have under the copyright law, including for
> face-to-face
> performances.  We should not over-interpret ambiguous terms in a
> license, and
> I think these are ambiguous, in ways that cause us to unnecessarily
> surrender
> rights we have under the public law of copyright.
>
> Kevin L. Smith, M.L.S., J.D.
> Director, Copyright and Scholarly Communication
> Duke University, Perkins Library
> P.O. Box 90193
> Durham, NC  27708
> 919-668-4451
> Kevin.l.smith@xxxxxxxx
>
> -----Original Message-----
> From: Varvel, Virgil Eugene Jr [mailto:vvarvel@xxxxxxxxxxxx]
> Sent: Tuesday, February 19, 2013 11:08 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>
> "What a school thinks about its library is a measure of what it thinks
> about
> education."
> ~ Harold Howe, former U.S. Commissioner of Education
>
>


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