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NISO Webinar:A Content Stream Runs Through It:Managing Streaming Media Collectionsin LibrariesJune 12, 2013Speakers:deg farrelly, Media Librarian, Arizona State University LibrariesTerrence McCormack, Associate Director and Head, M. Robert Koren Centerfor Clinical Education, Charles B. Sears Law Library, University at Buffalohttp://www.niso.org/news/events/2013/webinars/streaming_media
NISO Webinar: A Content Stream Runs Through It - June 12, 2013Merrily, Merrily, Merrily, MerrilyWading into Streaming Video
deg farrellyMedia LibrarianArizona State University
Nothing in this presentation should be construed aspromotion, review and/or endorsement ofany specific product, vendor, or interfaceImages within presentation used with permissionor within the Fair Use provisions of US Copyright
Scope of this presentationAddress key issues and practices related to librariesstreaming commercially produced & distributedvideo: Primarily educational or documentary titles With special attention to changes in themarketplace and our understanding of changinguser behavior and expectations.
Some key findings 45% of faculty anticipate using more video
Some key findings 45% of faculty anticipate using more video 43% cannot find quality/appropriate material
Some key findings 45% of faculty anticipate using more video 43% cannot find quality/appropriate material 45% find their video content from commercial sites
Some key findings 45% of faculty anticipate using more video 43% cannot find quality/appropriate material 45% find their video content from commercial sites @ half that number (23%) find content in the Library
Faculty werebypassingthe library to findcontent they need, inthe format they need
“It is clear that librarian involvement in scenarioplanning and the practical dimensions of licensingwill be essential for any innovation to take place.”Peter Kauffman & Jen MohanVideo Use and Higher Education
Critical considerationsand decisions willnecessitate librariestaking the lead informing partnerships
Useful ResourcesHandman, G. (2010). License to look: Evolving models forlibrary video acquisition and access. LibraryTrends, 58(3), 324-334.White paper version: berkeley.edu/MRC/vod08b.pdfKaufman, P.B., & Mohan, J. (2009). Video use and highereducation: options for the future. Intelligent Television.Retrieved from:http://library.nyu.edu/about/Video_Use_in_Higher_Education.pdfPrimary Research Group (2010). Chapter 15: Audio VisualMaterials. Survey of Academic Libraries.
More Useful ResourcesOLAC Cataloging Policy Committee & StreamingMedia Best Practices Task Force (2009). Best practicesfor cataloging streaming media.Retrieved from:http://www.olacinc.org/drupal/capc_files/streamingmedia.pdfSelected Media Vendorswww.west.asu.edu/icdeg/Selected_Vendors.pdfDigital Rights by Vendorwww.west.asu.edu/icdeg/Digital_Rights_Vendors.pdf
Communities of PracticeVideoLib Discussion Listcalmail.firstname.lastname@example.orgAmerican Library Association Video Round Tablewww.ala.org/vrt
Communities of PracticeNational Media Marketnmm.netConsortium of College and University Media Centers(CCUMC)ccumc.org
Streaming Video Libguidelibguides.asu.edu/StreamingVideoconnect.ala.org/node/183711Digital Video Collections Guide
Streaming and Digital Collections:legal responsibilities and pitfallsTerry McCormack,Charles B. Sears Law LibraryUniversity at Buffalo LibrariesNASIO Webinar, June 12, 2013
Section 107Fair Use• § 107 · Limitations on exclusive rights: Fair useNotwithstanding the provisions of sections 106 and 106A, the fair use of acopyrighted work, including such use by reproduction in copies orphonorecords or by any other means specified by that section, for purposessuch as criticism, comment, news reporting, teaching (including multiplecopies for classroom use), scholarship, or research, is not an infringement ofcopyright. In determining whether the use made of a work in any particularcase is a fair use the factors to be considered shall include— (1) the purposeand character of the use, including whether such use is of a commercialnature or is for nonprofit educational purposes; (2) the nature of thecopyrighted work; (3) the amount and substantiality of the portion used inrelation to the copy-righted work as a whole; and (4) the effect of the useupon the potential market for or value of the copy-righted work. The factthat a work is unpublished shall not itself bar a finding of fair use if suchfinding is made upon consideration of all the above factors.
Risk Assessment• The nature of the format• Methods of playback and display• Accessibility (by whom and where)• The purpose and amount used• The nature of the content (fiction v. non-fiction)• Consequences of infringement• Other issues e.g. DMCA
Streaming Media Increases the Risk ofInfringementCharacteristically older analogor physical format mediaoffered better containmentand control over infringingactivities
How to Mitigate the Risk• License agreements• Public performance agreements• Information technology controls• Copyright policy and procedures that addresscurrent teaching practices
• A “public performance” is hereby defined as theshowing of the film outside of the home or anyplace where people are gathered who are notfamily members, such as atheater, school, church or library.• This agreement grants the owner of the film thelegal right to “public performances” of the filmunder all of the following criteria:– a) for educational purposes only and– b) for screening audiences not to exceed 50 peopleat a time and– c) not for profitLimited Public Performance
17 USC § 110 - Limitations on exclusive rights:Exemption of certain performances and displaysFace to Face Teaching Exemption• the performance or display is made by, at thedirection of, or under the actual supervision of aninstructor as an integral part of a class session…• the performance or display is directly related and ofmaterial assistance to the teaching content of thetransmission…
TEACH Act• it is not copyright infringement for teachers andstudents at an accredited, nonprofit educationalinstitution to transmit performances and displays ofcopyrighted works as part of a course if certainconditions are met.• If these conditions are not or cannot be met, use ofthe material will have to qualify as a fair use orpermission from the copyright holder(s) must beobtained.
Streaming Video LicensingLicensed(Commercial)In-HouseProductions(institutionalcopyright)Ephemeral(recordings ondemand)“Unlicensed”(webcasts)Impacts usage andpotential liability
• First Run Features• Icarus Films• California Newsreel• Cambridge Documentary Film• Ambrosia Films• PBS Educational• Film Media Group• New Day FilmSources of Commercial Streaming Media
Term or Subscription Based License Agreements• Terms agreements can range from one viewing session or showing to five yearsor more.• They may be between the distributor and the institution or an individual.• In most cases the streaming is through an external IT infrastructure that thedistributor controls or contracts with.• Access control is at the institutional end and maintained through authenticationand or IP rangesLicense agreements in perpetuity between the distributor and institution• Agreements in perpetuity are in most cases for “the life of the file”• The distributor transfers the file to the institution rips the content from a DVD• The distribution, storage and control is dependent entirely on the institutionsIT infrastructure
Online Streaming from the Distributor• Similar to the access model, the technology is based primarily on the distributors side• The user or institution is only responsible for access to the streaming contentthrough authentication or use of IP ranges• In most cases, distributors facilitate and do not restrict use of their content in distanceeducation in the agreements
Ownership in PerpetuityIn most cases distributors agree to:• Allow the institution to store the files on their servers• Distribute via an authenticated system• Rip (copy) an existing DVD title from the costumers collection within a set time frame• Keep the file in perpetuity which means the “life of the file”• The institution may not copy our reproduce the file into another format(e.g. cut a new DVD from the file)• Same restrictions apply as with online streaming from distributors• Local storage works in a way that is similar to the traditional ownership model
Process for Ripping a DVDDecode compressioncontainer formatDecode contentscramblingDecode copy protectionFour-step decoding processEnables content toplay region freeDecoder
• Electronically stream online to University’s authorized users• For educational and non-theatrical purposes• Users must be authenticated for delivery through a coursemanagement system• Users must register under an associated course or a course thatis on electronic reserveRequirements of Streaming Use
Further Protection :Embedded HTML Code inBlackboard AssignmentPosts
Derivative Works• If you are an author or an artist and you wantto use all or part of someone elses creation inyour work, you may run into problems withclaims that your art is a derivative work.– Audio– Video– Images– Text
Section 108Libraries and Archives• § 108 · Limitations on exclusive rights: Reproduction by libraries and archives (a) Except as otherwiseprovided in this title and notwithstanding the provi-sions of section 106, it is not an infringement ofcopyright for a library or archives, or any of its employees acting within the scope of theiremployment, to reproduce no more than one copy or phonorecord of a work, except as provided insubsec-tions (b) and (c), or to distribute such copy or phonorecord, under the conditions specified bythis section, if— (1) the reproduction or distribution is made without any purpose of direct or indirectcommercial advantage; (2) the collections of the library or archives are (i) open to the public, or (ii)available not only to researchers affiliated with the library or archives or with the institution of which itis a part, but also to other persons doing research in a specialized field; and (3) the reproduction ordistribution of the work includes a notice of copy-right that appears on the copy or phonorecord that isreproduced under the
NISO Webinar:A Content Stream Runs Through It: ManagingStreaming Media Collections in LibrariesNISO Webinar • June 12, 2013Questions?All questions will be posted with presenter answers onthe NISO website following the webinar:http://www.niso.org/news/events/2013/webinars/streaming_media
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