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

[Camille Walker <camille.walker@xxxxxxxx>]

From: "Stanley, Theresa" <tcstanley@xxxxxxxx>
To: 'Kevin Smith' <kevin.l.smith@xxxxxxxx>, "Varvel, Virgil Eugene Jr"
	<vvarvel@xxxxxxxxxxxx>, "Peter B. Hirtle" <pbh6@xxxxxxxxxxx>,
"Funke,  Rebecca S." <rsfunke@xxxxxxxxx>,
"digital-copyright@xxxxxxxxxxxxxx"
	<digital-copyright@xxxxxxxxxxxxxx>
Date: Tue, 19 Feb 2013 11:24:27 -0700
Subject: RE: Amazon streaming video for classroom use?
Thread-Topic: Amazon streaming video for classroom use?

It has been several years but I thought I saw an email with a comment from
= a Netflix rep; turns out it was from a blog, but here is the link to
that
http://readwrite.com/2010/09/20/netflix_turns_a_blind_eye_to_illegal_use_b
y=
_school

Turns out Netflix rep says they "frown upon" libraries using Netflix, but
t= hey are not going to go after them.=20

I know this question from a faculty member was not a library subscription,
= but my guess is, the verbiage in their TOU relating to "personal
computers"=  and "within your household" is how they feel they are
excluding classroom = (and libraries) use.

Theresa C. Stanley Ed. D.
Library Director
Downtown Campus Library
Pima Community College
1255 N. Stone Ave.
Tucson, AZ 85709-3000
520-206-7267
"Life is not about waiting for the storm to pass, it's about learning to
da= nce in the rain." - Author unknown

-----Original Message-----
From: Kevin Smith [mailto:kevin.l.smith@xxxxxxxx]=20
Sent: Tuesday, February 19, 2013 9:53 AM
To: Varvel, Virgil Eugene Jr; Peter B. Hirtle; Funke, Rebecca S.;
digital-c= opyright@xxxxxxxxxxxxxx
Subject: [digital-copyright] RE: Amazon streaming video for classroom use?

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
classroom= s does not say that one must use a "legally obtained copy," it
says that on= e 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 c= arefully written to not take a position on classroom showings.
Such a show= ing can certainly be called a non-commercial use, and it is
arguably privat= e -- especially since 110(1) takes face-to-face classroom
viewing out of th= e category of an impermissible public performance.  The
further clarificati= ons in the Netflix language seems to confirm this
impression.  They make so= me 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
student= s, especially given the favored treatment of such a group in
110(1)?  Final= ly, the Netflix terms explicitly rule out some showings --
a showing in a d= orm 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
p= lace 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 sur= render 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
Li= brary 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
t= he content according to that license with Netflix, Blockbuster, and
streami= ng 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 y= ou 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 i= s 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
c= lassroom 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=3D200026970):

Amazon grants you a non-exclusive, non-transferable, non-sublicensable,
lim= ited right and license, during the applicable Viewing Period, to
access, vi= ew, 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
o= f 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
apartme= nt or, if outside your private home or apartment (e.g., in a
hotel room, do= rm room, office, or airport waiting lounge) is limited to
a private viewing=  for you and your invitees. Non-Commercial, Private Use
specifically exclud= es any public presentation (e.g., a presentation in a
dorm lounge) and any = presentation by a place of public accommodation or
other commercial establi= shment (e.g., a bar or restaurant), even if no
fee is charged for viewing t= he Digital Content.

As our students who wished to share music learned the hard way, just
becaus= e 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
Amaz= on (or Netflix) in the classroom (online or face 2 face)?  I'm
curious to k= now 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
abou= t education."
~ Harold Howe, former U.S. Commissioner of Education