Hello,
The way I understand it, terms of agreement statements are often
misleading and overreaching. Take a look at the verso of almost any
book and find that most do not acknowledge fair use or section 110(1).
Here is one example from a book published by Candlewick Press: "All
rights reserved. No part of this book may be reproduced, transmitted, or
stored in an information retrieval system in any form or by any means,
graphic, electronic, or mechanical, including photocopying, taping, and
recording, without prior written permission from the publisher." But
using a portion of a story for commentary or criticism would clearly be
within fair use.
It is also interesting that Major League Baseball and the NFL are being
criticized by the CCIA about their deceptive statements involving the
use of their "telecasts:"
http://www.ccianet.org/artmanager/publish/news/FTC_copyright_complaint.shtml.
If you agree to "click wrap" statements or sign a contract, obviously,
that would be a different story. But it seems to me that using a
YouTube video in the classroom would fall under 110(1) quite
comfortably.
Just my opinion.
John
Dr. John Eye
Assoc. Professor of Library Science
Sherratt Library
Southern Utah University
Cedar City, Utah 84720
435 865 8392 office
eye@suu.edu
>>> Doug Johnson <doug0077@GMAIL.COM> 4/1/2008 2:28 PM >>>
Hi folks,
Barbara's posting below has triggered a little rant. Barbara, I love ya
-
don't take this personally.
I say go ahead and downloads YouTube videos regardless of what the
"terms"
say. Here is why:
1. I sincerely doubt there is any case law existing that would
indicate
whether YouTube's statement holds any legal water. When such a
condition
exists, you should ask yourself if it is any harder to ask forgiveness
than
permission when making a decision that is questionable. If you are
abiding
by _most_ of the fair use indicators and it leads to a better
educational
experience, don't wait for permission. Just do it. (Jamie, don't be a
wimp!)
2. We should stop wasting our time fussing about this petty ante
stuff.
Downloading a YouTube video has about the same degree of criminality
as
stealing a sugar packet from a restaurant or driving 2 miles over the
speed
limit. Yeah, technically it may not be legal - but who really cares
except
those folks who never left Kohlberg's Law and Order stage of moral
development. How is a kid downloading a illegal song any different from
us
stealing an apple from a neighbor's tree when we were young? - other
than
the fact we were simply mischievous and today's kids are criminals!
I am growing more and more convinced that we are simply tying ourselves
in
knots worrying about what people shouldn't be doing - especially on
petty
matters. (Who exactly suffers if a movie is shown in school as a
reward
rather than in direct F2F instruction? Perhaps we should approach
copyright
from teaching people what rights they do have, about what things we
don't
know are legal or illegal, and about using the morality of a situation
rather than the legality. Ask me, we are genuinely in danger of
creating a
bunch of scofflaws out of our kids and teachers.
OK, have at me. Strip me of my library epaulets. Drum me off LM_Net.
But I
said it and feel better for it.
All the best,
Doug
Doug Johnson
Director of Media and Technology
Mankato Area Public Schools
Box 8713, 1351 S Riverfront Dr.
Mankato MN 56001-8714
Phone: 507-387-7698 x 473
E-mail: doug0077@gmail.com
Web: www.doug-johnson.com
Blue Skunk Blog: http://doug-johnson.squarespace.com/
³Thou shalt not² might reach the head, but it takes ³Once upon a time²
to
reach the heart. Philip Pullman
Dear Suzanne
This has been the subject of a lot of discussion on the Australian
list
because, according to the Terms and Conditions of Use, you cannot do
this
without the express permission of the video owner.
This is from the Terms of Use website http://www.youtube.com/t/terms
"You may access User Submissions solely: for your information and
personal
use; as intended through the normal functionality of the YouTube
Service;
and for Streaming. "Streaming" means a contemporaneous digital
transmission
of an audiovisual work via the Internet from the YouTube Service to a
user's
device in such a manner that the data is intended for real-time viewing
and
not intended to be copied, stored, permanently downloaded, or
redistributed
by the user. Accessing User Videos for any purpose or in any manner
other
than Streaming is expressly prohibited."
This was brought to our notice here when one of our members noticed
that
Jamie McKenzie was advocating downloading clips in an article he had
written, so she wrote to him and he changed what he had written!
Barbara
Barbara Braxton
Teacher Librarian
COOMA NSW 2630
AUSTRALIA
E. barbara.288@bigpond.com
Together we learn from each other
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