--- Forwarded Message from Mark Kaiser <[log in to unmask]> ---
>Date: Wed, 22 Jul 2009 12:02:54 -0700
>From: Mark Kaiser <[log in to unmask]>
>Reply-To: [log in to unmask]
>User-Agent: Thunderbird 2.0.0.22 (Macintosh/20090605)
>To: Kenneth Romeo <[log in to unmask]>
>CC: "'Language Learning and Technology International Information Forum'"
<[log in to unmask]>
>Subject: Re: #9194.1 (1) video streaming of films
>References: <[log in to unmask]>
<005d01ca0af4$dd2d9350$9788b9f0$@edu>
>In-Reply-To: <005d01ca0af4$dd2d9350$9788b9f0$@edu>
Hi Ken,
The issue, of course, is that we don't really know what is legal and
what isn't. Fair use is a particularly gray area (and that is probably a
good thing), there have been no definitive court rulings on the matter,
and even DMCA restrictions may be subject to limitation. I would not
defend a practice of "everything is permissible," but it is also
possible that we are subjecting ourselves to a standard that exceeds
what the courts might impose, analogous to the self-censorship that
Russian writers imposed on themselves during the Soviet period. Perhaps
a lawsuit would be beneficial in that we would at least know what we may
and may not do. It seems to me that we in academia should be doing all
we can to extend and defend fair use, so I am somewhat disappointed when
academics take an industry point of view in these discussions, claiming
one can do this and can't do that based on such things as the CONFU
guidelines.
UCOP and UCB lawyers are aware of what we are doing and have judged our
Library of Foreign Language Film Clips to be within a reasonable
standard of risk. They believe that we are making a good faith effort to
abide by fair use standards. However, only a court action can resolve
the issue definitively, as you point out.
I regret only that the service we are providing to UC Berkeley language
instructors and the other UC campuses (other UC campuses obtain access
to the clips only after purchasing the DVD) cannot be extended to other
universities, community colleges, and high schools.
I should also point out that exemptions to the DMCA are currently under
review by the LOC, with a new ruling due in the late fall. I was one of
three from UCB who gave evidence at the hearings at Stanford in May, and
a larger group from the ALA gave evidence in Washington. The common
thread to that evidence was that current DMCA restrictions are widely
ignored by faculty, that the use of video clips in instruction (I
addressed language instruction specifically) is a fundamental component
of course curricular materials today, and that DMCA has denied academia
access to a fair use claim under copyright law. We can only hope that
the LOC will extend the exemption currently granted to film studies to
all academic departments, thereby removing an obstacle to the delivery
of quality instruction in our classrooms. Sorry, I digress.
Mark Kaiser
Kenneth Romeo wrote:
> Mark,
> Before everyone interprets your post to mean that streaming 4 minute clips
> is an acceptable legal practice, it might be good to detail what your
> lawyers and administrators say about this - even if they say nothing at all.
> Most people are going to want to be cautious (hopefully), but I realize that
> the only way that many of us are going to be reassured is if someone wins a
> lawsuit brought by a movie studio. I wouldn't wish that on anyone, but at
> the same time, I certainly don't want to put myself in danger of that
> happening to me.
> Thanks,
> Ken Romeo
> [http://kenro.web.stanford.edu]
> Academic Technology Specialist [http://ats.stanford.edu]
> Stanford Language Center [http://language.stanford.edu]
>
>
> -----Original Message-----
> From: Language Learning and Technology International Information Forum
> [mailto:[log in to unmask]] On Behalf Of LLTI-Editor
> Sent: Wednesday, July 22, 2009 5:53 AM
> To: [log in to unmask]
> Subject: Re: #9194.1 (1) video streaming of films
>
> --- Forwarded Message from Mark Kaiser <[log in to unmask]> ---
>
>
>> Date: Tue, 21 Jul 2009 09:49:10 -0700
>> From: Mark Kaiser <[log in to unmask]>
>> Reply-To: [log in to unmask]
>> User-Agent: Thunderbird 2.0.0.22 (Macintosh/20090605)
>> To: Language Learning and Technology International Information Forum
>>
> <[log in to unmask]>
>
>> Subject: Re: #9194 video streaming of films
>> References: <[log in to unmask]>
>> In-Reply-To: <[log in to unmask]>
>>
>
> The Berkeley Language Center has created a library of foreign language
> clips, each tagged for the vocabulary in the target language and for
> English descriptors (culture, linguistics, speech acts). Instructors are
> able to search the library for a clip of interest and then 'order' the
> clip (a URL is created linking to an mp4 file; the URL stays active for
> two weeks). More on our project is available at our wiki
> http://dcrf-dev.berkeley.edu/blcwiki-dev/index.php/Library_of_Foreign_Langua
> ge_F
> ilm_Clips.
> Currently we have 5200 clips in 15 languages, and those numbers continue
> to grow.
>
> In our case the use of clips of less than 4 minutes duration through
> URLs posted on password-protected LMS, available for only two weeks with
> complete information on where students can purchase the DVD, and with
> intellectual content (the tags) added to the clip thereby transforming
> its nature, all speak to a fair use defense of our practice. I think the
> case for fair use would be harder to make if we were streaming the
> entire film.
>
> For those interested, we will be showing our project at ACTFL in San Diego.
>
> Mark Kaiser
> Berkeley Language Center
>
> LLTI-Editor wrote:
>
>> --- Forwarded Message from mary Simone <[log in to unmask]> ---
>>
>>
>>
>>> Date: Fri, 17 Jul 2009 10:23:45 -0400
>>> From: mary Simone <[log in to unmask]>
>>> Subject: video streaming of films
>>> To: [log in to unmask]
>>> cc: mary Simone <[log in to unmask]>
>>>
>>>
>> At UMASS Boston we are looking into streaming our film collection. We
>>
> have
>
>> questions about copyright if we digitize films within our collection and
>> stream them on our own server. We also have questions about whether there
>> are commercial streaming video services available for films which we
>>
> might
>
>> subscribe to. Does anyone have experience with either of these methods of
>> delivering films to students at their university? Or can you point me
>> towards a university library or lab that is dealing with video streaming
>>
> films?
>
>> Thanks for your help
>> Mary Simone
>> IT Manager
>> UMASS Boston
>> 617-287-5969
>> [log in to unmask]
>>
>>
>>
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>> Otmar Foelsche, LLTI-Editor ([log in to unmask])
>> ***********************************************
>>
>>
>
>
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