Hi Cornel,

Although I'm sure you will get some good advice from Code4Lib on this
topic, perhaps you might also get some better advice from electronic
resource librarians who deal with these sorts of legal issues all the time.
I would recommend posting this to [log in to unmask] as a start.

All the best,
Craig

Craig Boman
Applications Support Specialist
University of Dayton Libraries
300 College Park
Dayton, OH, 45469


On Tue, Dec 2, 2014 at 11:31 PM, Riley Childs <[log in to unmask]>
wrote:

> 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: ‎12/‎2/‎2014 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: ‎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
>