Aereo[1] makes clear that viewing streamed material is a performance .
«In 1976 Congress amended the Copyright Act in large part to reject the
Court's holdings in *Fortnightly* and *Teleprompter.* See H.R.Rep. No.
94-1476, pp. 86-87 (1976) (hereinafter H.R. Rep.) (The 1976 amendments
"completely overturned" this Court's narrow construction of the Act in
*Fortnightly* and *Teleprompter*). Congress enacted new language that
erased the Court's line between broadcaster and viewer, in respect to
"perform[ing]" a work. The amended statute clarifies that to "perform" an
audiovisual work means "to show its images in any sequence or to 2506
<http://scholar.google.com/scholar_case?q=+Aereo+&hl=en&as_sdt=4,60&as_ylo=2010&as_vis=1&case=12966915270831588740&scilh=0#p2506>
*2506
<http://scholar.google.com/scholar_case?q=+Aereo+&hl=en&as_sdt=4,60&as_ylo=2010&as_vis=1&case=12966915270831588740&scilh=0#p2506>make
the sounds accompanying it audible." § 101; see *ibid.* (defining
"[a]udiovisual works" as "works that consist of a series of related images
which are intrinsically intended to be shown by the use of machines...,
together with accompanying sounds"). Under this new language, *both* the
broadcaster *and* the viewer of a television program "perform," because
they both show the program's images and make audible the program's sounds.
See H.R. Rep., at 63 ("[A] broadcasting network is performing when it
transmits [a singer's performance of a song] ... and any individual is
performing whenever he or she ... communicates the performance by turning
on a receiving set").»
http://scholar.google.com/scholar_case?q=+Aereo+&hl=en&as_sdt=4,60&as_ylo=2010&as_vis=1&case=12966915270831588740&scilh=0
On Dec 3, 2014 10:47 AM, "Notess, Mark" <[log in to unmask]> wrote:
> I'm sure none of us wants to get sued or fired. So caution is
> understandable, especially as individuals. As institutions, always erring
> on the side of caution is a recipe for steady erosion of fair use, public
> domain, and other rights. Libraries should be at the forefront of
> protecting those rights, and, where possible, expanding them.
>
> Best,
>
> Mark
> --
> Mark Notess
> Head, User Experience and Digital Media Services
> Library Technologies
> Indiana University Bloomington Libraries
> +1.812.856.0494
> [log in to unmask]
>
>
>
>
> On 12/2/14, 10:25 PM, "Riley Childs" <[log in to unmask]> wrote:
>
> >First: Technically when you stream a video a portion of the video is
> >local, so it wouldn't necessarily be legal for the viewer either.
> >
> >Second: Regardless of legality streaming copyrighted content without a
> >license or payment is a morally grey area. And most AUP at universities
> >specifically exclude use of the network to provide access to content if
> >that content is not properly licensed.
> >
> >I always err on the side of caution with this sort of stuff. Licensing is
> >tricky regardless of application.
> >
> >And yes i have absolutely faced these questions from both an IT Capacity
> >and a librarian capacity.
> >//Riley
> >
> >Sent from my Windows Phone
> >
> >--
> >Riley Childs
> >Senior
> >Charlotte United Christian Academy
> >Library Services Administrator
> >IT Services Administrator
> >(704) 537-0331x101
> >(704) 497-2086
> >rileychilds.net
> >@rowdychildren
> >I use Lync (select External Contact on any XMPP chat client)
> >________________________________
> >From: Cornel Darden Jr.<mailto:[log in to unmask]>
> >Sent: ?12/?2/?2014 10:00 PM
> >To: [log in to unmask]<mailto:[log in to unmask]>
> >Subject: [CODE4LIB] Streaming Copyrighted material
> >
> >Hello,
> >
> >Is streaming (viewing online) copyrighted material illegal for
> >individuals. According to the copyright.gov website this seems to be
> >completely legal for the viewer when there isn't a copy of the work on
> >the viewers computer. It only mentions hosting streams as being a
> >misdemeanor, even if there isn't any profit.
> >
> >This is becoming a huge issue as more content consumers become cord
> >cutters. Has any librarians faced these questions?
> >
> >I am planning on implementing Kodi in my library, but will only make
> >public domain material accessible. Kodi provides an excellent user
> >interface for organizing and viewing public domain material.
> >
> >Thanks,
> >
> >Cornel Darden Jr.
> >MSLIS
> >Library Department Chair
> >South Suburban College
> >7087052945
> >
> >"Our Mission is to Serve our Students and the Community through lifelong
> >learning."
> >
> >Sent from my iPhone
>
