[aisle] Copyright/Streaming Info Needed

Thu Jan 16 06:51:09 CST 2020

If you are using Netflix, here is the link to their site explaining which
titles are available for use.

https://help.netflix.com/en/node/57695

Ben

On Thu, Jan 16, 2020 at 4:45 AM Lester, Kathy via AISLE <
aisle at list.railslibraries.info> wrote:

> A similar topic came up in my district.
> I wrote to Carrie Russell from the American Library Association for
> clarification.
> I am including her response below.
> Please note her response includes 1) that she cannot give legal advice and
> 2) that we as school librarians should be contacting lawmakers to try to
> update the 'fair use' portion of the copyright law to include streaming
> services.
>
> In any case, we need to be reminding teachers that 'fair use' guidelines
> include the restriction that showing of the copyrighted films/content has
> to be in conjunction with face-to-face instruction (i.e. part of a lesson).
>
> --Kathy Lester
> AASL Region 3 Director
>
> Carrie's Response
>
> *You are correct that according to the license agreement these titles
> should not be used for streaming in classrooms.  There is no license that
> libraries can buy at this time that would allow them to exercise all of the
> exceptions to copyright which includes the face to face teaching exception.*
>
>
>
> *If you go ahead and use the movie anyway, you would be breaking the
> license agreement which is a violation of contract law and not copyright
> law.  Penalties are much lower (much lower!!).  I don’t know of anyone who
> has been taken to court about this – state or federal. So the risk is low.
> It is likely that the rights holders do not care.*
>
>
>
> *One option is to ignore the license and go ahead and use the movies
> because again you are unable to buy a copy for school use. Of course, that
> sets a bad example because technically it is wrong. One thing you could do
> is write a letter to Netflix, Disney etc and tell them that you are going
> to go ahead and use the movies for classroom use, and that if they don’t
> reply you can assume that doing this is fine. (Of course, they won’t reply
> to you). This is a way to show you have good faith in negotiating with
> them, but since Netflix is the only company who has the movie that you need
> and you are unable to buy or pay a permission fee, you are telling them up
> front.  Keep a copy of your correspondence.  Remember to tell them that you
> are not using the movies for profit purposes.*
>
>
>
> *On Home Use videos. The reason why we could say that home use only videos
> could be used in the classroom was because no one thought that a label
> “home use only” was a license agreement. The video was governed by
> copyright law so exceptions applied.  Now we are dealing with
> non-negotiated licenses that courts have said are legally binding.*
>
>
>
> *My advice to you (and I mean this seriously) is to tell your state
> representative or congressional representative that you are having this
> problem. Law makers listen to constituents and I believe if constituents
> bring this issue to the attention of lawmakers across the country,
> something could be done about it – even a legislative fix of some kind.
> What is happening now with these streaming services is the elimination of
> user rights that Congress included in the copyright law.  Congress knows
> libraries and educational institutions need allowances. Here we are in a
> situation of “market failure” – we want to pay for the use but the market
> does not provide it.  Market failure is an indication that the copyright
> law is not working because it is too difficult or impossible to make a
> transaction.*
>
>
>
> *My dream is to see hundreds of school and academic librarians and
> educators as constituents reach out to their legislators. I think it would
> be helpful to have a movement!*
>
>
>
> *Of course, that does not solve your problem now. If I were in your
> position, I would send a letter to the networks as suggested above, and
> then go ahead and use the movies.  I cannot give you legal advice, and an
> attorney would probably say, “too bad, you cannot use these movies,” and
> that would be the end of it. *
>
>
>
> Kathy Lester, MLIS, MA
> *Advocacy Chair, Past-President 2014*
> Michigan Association for Media in Education (MAME)
> *Region 3 Director*
> American Association of School Librarians (AASL)
> *School Library Media Specialist / Technology Coach*
> *SL21 Model Library, 2017-2018*
> *SL21 Exemplary Ranking - Michigan School Libraries for the 21st Century
> 2019-2022*
> East Middle School, Plymouth-Canton Schools
> *ISTE Making IT Happen Award Winner*
> *2017 MAME Michigan School Library Program of the Year*
> *2012 **State Librarian's Excellence Award Winner*
> kathyL at mimame.org
> twitter: @LibraryL <https://twitter.com/LibraryL>
> 810.333.5873
>
>
> On Wed, Jan 15, 2020 at 2:56 PM Breanna Gober via AISLE <
> aisle at list.railslibraries.info> wrote:
>
>> Hello, everyone! We are starting a task force at my school to address
>> copyright concerns from our technology department about streaming videos.
>> They have blocked streaming services from our teachers, and we are now
>> trying to determine what is acceptable use. What experience/information do
>> you guys have regarding copyright and streaming that I would be able to
>> share with our task force?
>>
>> Thanks in advance!
>>
>> Breezy Gober
>>
>> Library Media Specialist
>> Mascoutah High School
>>
>> --
>> *Currently Reading*
>>       [image: Image result for #murdertrending book cover"]
>>
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-- 

*Ben Wagoner*

  LRC Director/Media Specialist

St. Charles North High School

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Currently reading: Nyxia by Scott Reintgen

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