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CODE4LIB  December 2014

CODE4LIB December 2014

Subject:

Re: Streaming Copyrighted material

From:

Riley Childs <[log in to unmask]>

Reply-To:

Code for Libraries <[log in to unmask]>

Date:

Wed, 3 Dec 2014 04:31:04 +0000

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (94 lines)

The following is NOT legal advice, please consult your legal department in depth.

Now that my disclaimer is out of the way

you utilize the in place playback mechanisms given by vevo (embeding a YouTube video) for example that is perfectly legit, unless you are prohibited from hosting an aggregate site under YouTube/Vevo's ToS (you likely are) Now some streaming services prohibit embeds so this isn't an option but you can still link to the content source for example (which may still violate ToS, but this may not be legally enforceable) Now at the end of the day it all comes down to how the content is licensed to the viewer/consumer and weather the terms are legal under your jurisdiction laws or are within the terms of existing agreements. And most importantly weather you are considered a distributor or not under the terms of the agreement and the laws in your jurisdiction.

I come at this after spending the day dealing with MS Client/Server Licensing, so I maybe being a little conservative. But better safe than sorry in many cases.

//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: ý12/ý2/ý2014 10:43 PM
To: [log in to unmask]<mailto:[log in to unmask]>
Subject: Re: [CODE4LIB] Streaming Copyrighted material

Hello,

What about websites that stream their content for free like Vevo? Would making that type of content accessible in a more organized manner be acceptable? Or would that be considered circumvention? I don't plan on doing that, I only plan on making Public domain content accessible but the questions of organizing material from abc.com or Fox news has come up. Since I'm certain that these commercial websites would love to have subscription services for Libraries, the legal issues are very interesting.

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

> On Dec 2, 2014, at 9:25 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: ý12/ý2/ý2014 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

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