1. Video Streaming Copyrighted Content: One Year Later Part of the Series: “Tales of the Unknown & Unexpected." Photo by B Tal (CC) B TalCC Links http://epresence.senecac.on.ca http://epresence.senecac.on.ca/website_archived.aspx?c=1&dir=23 http://senema.senecac.on.ca jane.foo@senecac.on.ca (x2011)

2. ePresence Senema There are currently two ways to stream copyrighted video content at Seneca.

3. ePresence at Seneca University of Toronto, ACS No longer open source What it can do: o tagging / bookmarking o context-specific comments o time slider o synchronized presentation slides o searching Folder Authentication Media player plug-in

4. SeneMA at Seneca (Seneca Media Archive) ACS What it can do: o YouTube-style interface o HD o Closed Captioning o friends, playlists o tagging College Authentication Social Links

5. The library specializes in copyrighted video material For a Fee ◦ Film distributors / publishers ◦ Producers and film makers ◦ Broadcasting corporations ◦ Fees may range anywhere from $5 to thousands For Free ◦ Government ◦ Academic / Non-profit organizations ◦ Private owners ◦ You still have to get permission

6. Case: Simple Fee Case: Simple Fee The Bank of Canada, not your average bank Publisher: Bank of Canada Nov 6: Laurie reported that she was able to get a DVD for $5; Permission: OK to stream - FREE but must cite as per website. Nov 24: Request AV to convert video to digital format. Sent for uploading to e-presence on Nov 28. Ready for start of winter semester (Jan 2009).

7. Case: Complicated Fee Title: CBC News in Review Publisher: CBC Learning Jan. 15, 2008: $70/tape if we digitize VHS & send them a digital copy – to be renegotiated every semester. After we decline, they offer a perpetual streaming license for the same conditions. (“exception”) Note: content cannot be stored on the server when not in use. Jan. 27: School to pay for four segments (on sep. tapes). Jan. 30: Rights secured, terms mailed. CBC: “We've essentially been operating on a case by case scenario until we can establish a model that works for everyone.” Feb. 19: Tapes digitized and sent to CBC. March 5-7 : License signed. Videos uploaded. Feb. – May: Seneca participates as one of four schools piloting digital versions of current CBC News in Review. May 28: Subscription Renewal Notice arrives - annual fee (8 DVDs a year) - $1259. For an additional $130, streaming rights on any and all segments. July 31: Clarification - fee is for digital copies only. Rights needs to be granted ahead of time for the complete season, no “piecemeal”. CBC refunds the $130. Aug. 27: Another CBC News in Review segment inquiry. This time, the fee is $275 for a 5-year term, $180 if limited to “course only” with a max of 150 persons accessing the files. No perpetual license available. Oct. 31: Following an inquiry into another CBC video, response indicates changed delivery methods and policies since last agreement… no follow-up as of now.

8. Case: Fees, More Complicated “The cost for streaming would be $400.00 for 5 years …. The products would be available to faculty and staff who have authorized use of the password. We can supply MEG 1 or MEG4 at no cost…. If you want to you can purchase a master at a cost of $59.95 – we request clients purchase new copies if not using MPEG to ensure quality” >> too old (1989) “…. We do not sell excerpts and portions of programs. (There is a division that sells stock footage … their starting rate is $60/per second.) The complete DVD version … (17 parts) sells for approx $1200, while cost of the digital rights is based in part on access. If you are limiting access to the students of the course being referenced below with a max of 150 persons accessing the files, the licensing fee would be $2000 for 3 years or $2500 for five years. Additional encoding fees would be additional. Because of the extraordinary length of the program, I would need to have it costed out. “ >> too expensive (instructor only needed a segment)

9. Example: Simple Free Title: The tough new labor market Publisher: Indianapolis, IN: JIST Works; VHS from 1990 Oct. 3: Canadian Distributor of JIST is Monarch Books of Canada – emailed customer_service@monarchbooks.ca. Also tried JIST Works Customer Service Departmentcustomer_service@monarchbooks.ca Nov 10: Response from RDT Enterprises (Canada) – will investigate. Nov 21: Response from Vice President, Sales, JIST Publishing: ◦ “Concerning digital streaming, our policy is to allow JIST videotapes to be digitally stored or maintained on a system or network so long as it is stored in a manner that makes it accessible to only the anticipated recipients; in your case the students of Seneca College. The streaming site must also be password protected. In addition, at such a time when the videotape is no longer used by your organization, the stored videotapes must be removed from system or network. There will be no cost to Seneca College Libraries. Please let me know if your site complies with the above policy.” Nov. 24: Converted video to digital format. Nov 28: Digital copy sent for upload.

10. Example: Even Simpler Free Title: Budget Canada 2009 Publisher: Department of Finance Canada

11. This does not make sense!

12. Why is it so complicated? Permissions are highly specific streaming, network vs. Intranet, reproduction, in-class or home access Videos may have a different distributor in Canada than in the US No fair use clause for Canadian educational material (watch for Bill C-61) http://excesscopyright.blogspot.com/2008/07/fair-use-for-online-video-eh.html http://excesscopyright.blogspot.com/2008/07/fair-use-for-online-video-eh.html License costs & terms are not standardized blanket vs. per-use(r); per semester, 1-3 years, 5 years, in perpetuity Existing video / DVD licenses are outdated / incorrect Some distributors will not allow streaming

13. Copyright in Canada for Educators How does this apply to video streaming? o Individual / direct permissions have to be sought out in cases where none are specified. o Each permission has to be maintained separately. o Permissions may change with each renewal. o Restrictions have to be clarified in advance. o Watch for impossible technical clauses (i.e., ensuring that noone can download) There is some movement on the digital side with advance clearance and tracking mechanisms. However, this does NOT cover videos. Exceptions in the Copyright Act http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00506.html#no6 Education Fair dealing: “private study or research; or for criticism, review or news reporting (citation required). THIS IS NOT FAIR USE! Library, Archive and Museum

14. A video streaming strategic initiative “Academic learning has changed to include more online and video teaching materials.... it is crucial that we understand when and how to leverage digital video materials to ensure that students and faculty have the best possible learning experience…” Two main outcomes: 1.Guidelines for video streaming collection at Seneca, including procedures for purchasing, storing and maintaining streamed videos or converting VHS/DVDs and how this impacts procedures for acquiring traditional videos. 2.Workflows that identify and specify the activities involved in the acquisition, implementation and maintenance of licensed streamed videos as well as library staff roles necessary for the workflows. If possible, we will describe the impact of such workflows on the existing staffing and workflows.

15. Video Streaming Copyrighted Content: One Year Later Links: http://epresence.senecac.on.ca http://epresence.senecac.on.ca/website_archived.aspx?c=1&dir=23 https://senema.senecac.on.ca Contact: Jane Foo Digital Services and Systems Librarian jane.foo@senecac.on.ca 416-491-5050 x2011