1. NISO Webinar:
A Content Stream Runs Through It:
Managing Streaming Media Collections
in Libraries
June 12, 2013
Speakers:
deg farrelly, Media Librarian, Arizona State University Libraries
Terrence McCormack, Associate Director and Head, M. Robert Koren Center
for Clinical Education, Charles B. Sears Law Library, University at Buffalo
http://www.niso.org/news/events/2013/webinars/streaming_media

2. NISO Webinar: A Content Stream Runs Through It - June 12, 2013
Merrily, Merrily, Merrily, Merrily
Wading into Streaming Video

3. deg farrelly
Media Librarian
Arizona State University

4. Nothing in this presentation should be construed as
promotion, review and/or endorsement of
any specific product, vendor, or interface
Images within presentation used with permission
or within the Fair Use provisions of US Copyright

5. Scope of this presentation
Address key issues and practices related to libraries
streaming commercially produced & distributed
video:
 Primarily educational or documentary titles
 With special attention to changes in the
marketplace and our understanding of changing
user behavior and expectations.

6. Academic Library Streaming Video
www.surveymonkey.com/s/asv

8. “trends noticeable today … are as remarkable
as the shift from the scroll to the codex
over 2,000 years ago.”
Peter Kauffman & Jen Mohan
Video Use and Higher Education (2009)

10. Paradigm Shifts
Print Publishing
and
Delivery

11. Paradigm Shifts

12. Publishing Models - Monographs

13. Distributors

15. Publishing Models – Film & Video

16. Paradigm Shift in Media

17. Paradigm Shift in Media

18. Mass Market Entertainment Video

19. Mass Market Video Distribution

21. The move to
streaming video
is a
Pendulum Swing

22. Paradigm Shifts
Modes
of
Instruction

23. Paradigm Shifts

24. Faculty Use of Video
Joint study by:
Copyright Clearance Center
New York University
Intelligent Television

25. Some key findings

26. Some key findings
 45% of faculty anticipate using more video

27. Some key findings
 45% of faculty anticipate using more video
 43% cannot find quality/appropriate material

28. Some key findings
 45% of faculty anticipate using more video
 43% cannot find quality/appropriate material
 45% find their video content from commercial sites

29. Some key findings
 45% of faculty anticipate using more video
 43% cannot find quality/appropriate material
 45% find their video content from commercial sites
 @ half that number (23%) find content in the Library

30. Faculty were
bypassing
the library to find
content they need, in
the format they need

31. Accelerating development

32. 2010 Survey of Academic Libraries

33. 2013 Survey of Academic Library Streaming Video

34. Multiple Options

35. Approaches to Providing Content

36. Approaches to Providing Content
 Publicly accessible titles

37. Content Approaches
 Publicly accessible titles
libguides.asu.edu/StreamingVideo

38. Content Approaches
 Publicly accessible titles
 Individual title selection

39. Content Approaches
 Publicly accessible titles
 Individual title selection
 Curated collections

40. Content Approaches
 Publicly accessible titles
 Individual title selection
 Curated collections
 Clip collections

41. Licensing

42. Term License

43. In-Perpetuity License

44. Subscription License

45. Pay Per View

46. Pricing Models

47. Critical Considerations and Decisions
 Hosting
 Workflow
 Access and Discovery

48. Hosting

49. “It is clear that librarian involvement in scenario
planning and the practical dimensions of licensing
will be essential for any innovation to take place.”
Peter Kauffman & Jen Mohan
Video Use and Higher Education

50. Critical considerations
and decisions will
necessitate libraries
taking the lead in
forming partnerships

51. Access & Discovery

52. Access & Discovery
“Findability precedes usability.
You can’t use what you can’t find.”
Mark A. Greenfield
University at Buffalo
CCUMC Conference (2010)

53. Catalog records

54. Work Flow

55. FTE
to

56. FTE
to

57. Issues

58. Issues

59. Issues

60. Issues

62. Hosting Solutions
Open Source Options
Kaltura - corp.kaltura.com
Avalon - avalonmediasystem.org
Omeka - omeka.org
Semi-Commercial Services
NJVid - njvid.net

63. Commercial Services
Kanopy - kanopystreaming.com
LearningCore - learningcore.net
MediaHub - www.videoprojectdigital.com
ShareStream - sharestream.com

64. Useful Resources
Handman, G. (2010). License to look: Evolving models for
library video acquisition and access. Library
Trends, 58(3), 324-334.
White paper version: berkeley.edu/MRC/vod08b.pdf
Kaufman, P.B., & Mohan, J. (2009). Video use and higher
education: options for the future. Intelligent Television.
Retrieved from:
http://library.nyu.edu/about/Video_Use_in_Higher_Education.
pdf
Primary Research Group (2010). Chapter 15: Audio Visual
Materials. Survey of Academic Libraries.

65. More Useful Resources
OLAC Cataloging Policy Committee & Streaming
Media Best Practices Task Force (2009). Best practices
for cataloging streaming media.
Retrieved from:
http://www.olacinc.org/drupal/capc_files/streamingmedi
a.pdf
Selected Media Vendors
www.west.asu.edu/icdeg/Selected_Vendors.pdf
Digital Rights by Vendor
www.west.asu.edu/icdeg/Digital_Rights_Vendors.pdf

66. Communities of Practice
VideoLib Discussion List
calmail.berkeley.edu/manage/list/listinfo/
videolib@lists.berkeley.edu
American Library Association Video Round Table
www.ala.org/vrt

67. Communities of Practice
National Media Market
nmm.net
Consortium of College and University Media Centers
(CCUMC)
ccumc.org

68. Streaming Video Libguide
libguides.asu.edu/StreamingVideo
connect.ala.org/node/183711
Digital Video Collections Guide

69. Contact Information
deg farrelly
ASU Libraries
Arizona State University
Tempe, Arizona 85267
Phone: 480.965.1403
Email: deg.farrelly@asu.edu

70. Ready to get your feet wet?

71. Streaming and Digital Collections:
legal responsibilities and pitfalls
Terry McCormack,
Charles B. Sears Law Library
University at Buffalo Libraries
NASIO Webinar, June 12, 2013

72. Section 107
Fair Use
• § 107 · Limitations on exclusive rights: Fair use
Notwithstanding the provisions of sections 106 and 106A, the fair use of a
copyrighted work, including such use by reproduction in copies or
phonorecords or by any other means specified by that section, for purposes
such as criticism, comment, news reporting, teaching (including multiple
copies for classroom use), scholarship, or research, is not an infringement of
copyright. In determining whether the use made of a work in any particular
case is a fair use the factors to be considered shall include— (1) the purpose
and character of the use, including whether such use is of a commercial
nature or is for nonprofit educational purposes; (2) the nature of the
copyrighted work; (3) the amount and substantiality of the portion used in
relation to the copy-righted work as a whole; and (4) the effect of the use
upon the potential market for or value of the copy-righted work. The fact
that a work is unpublished shall not itself bar a finding of fair use if such
finding is made upon consideration of all the above factors.

73. Risk Assessment
• The nature of the format
• Methods of playback and display
• Accessibility (by whom and where)
• The purpose and amount used
• The nature of the content (fiction v. non-
fiction)
• Consequences of infringement
• Other issues e.g. DMCA

74. Streaming Media Increases the Risk of
Infringement
Characteristically older analog
or physical format media
offered better containment
and control over infringing
activities

75. How to Mitigate the Risk
• License agreements
• Public performance agreements
• Information technology controls
• Copyright policy and procedures that address
current teaching practices

76. • A “public performance” is hereby defined as the
showing of the film outside of the home or any
place where people are gathered who are not
family members, such as a
theater, school, church or library.
• This agreement grants the owner of the film the
legal right to “public performances” of the film
under all of the following criteria:
– a) for educational purposes only and
– b) for screening audiences not to exceed 50 people
at a time and
– c) not for profit
Limited Public Performance

77. Licensed Performance:
Major motion pictures
• http://www.movlic.com/
• http://www.swank.com/

78. 17 USC § 110 - Limitations on exclusive rights:
Exemption of certain performances and displays
Face to Face Teaching Exemption
• the performance or display is made by, at the
direction of, or under the actual supervision of an
instructor as an integral part of a class session…
• the performance or display is directly related and of
material assistance to the teaching content of the
transmission…

79. TEACH Act
• it is not copyright infringement for teachers and
students at an accredited, nonprofit educational
institution to transmit performances and displays of
copyrighted works as part of a course if certain
conditions are met.
• If these conditions are not or cannot be met, use of
the material will have to qualify as a fair use or
permission from the copyright holder(s) must be
obtained.

80. Streaming Video Licensing
Licensed
(Commercial)
In-House
Productions
(institutional
copyright)
Ephemeral
(recordings on
demand)
“Unlicensed”
(webcasts)
Impacts usage and
potential liability

81. Unlicensed Streaming Content

83. Commercial Productions
• Documentary works and other educational programing
• Theatrical Works

84. In-House Productions

85. Ephemeral Recordings

86. Licensed Streaming Content

87. • First Run Features
• Icarus Films
• California Newsreel
• Cambridge Documentary Film
• Ambrosia Films
• PBS Educational
• Film Media Group
• New Day Film
Sources of Commercial Streaming Media

88. Term or Subscription Based License Agreements
• Terms agreements can range from one viewing session or showing to five years
or more.
• They may be between the distributor and the institution or an individual.
• In most cases the streaming is through an external IT infrastructure that the
distributor controls or contracts with.
• Access control is at the institutional end and maintained through authentication
and or IP ranges
License agreements in perpetuity between the distributor and institution
• Agreements in perpetuity are in most cases for “the life of the file”
• The distributor transfers the file to the institution rips the content from a DVD
• The distribution, storage and control is dependent entirely on the institutions
IT infrastructure

89. Online Streaming from the Distributor
• Similar to the access model, the technology is based primarily on the distributors side
• The user or institution is only responsible for access to the streaming content
through authentication or use of IP ranges
• In most cases, distributors facilitate and do not restrict use of their content in distance
education in the agreements

90. Ownership in Perpetuity
In most cases distributors agree to:
• Allow the institution to store the files on their servers
• Distribute via an authenticated system
• Rip (copy) an existing DVD title from the costumers collection within a set time frame
• Keep the file in perpetuity which means the “life of the file”
• The institution may not copy our reproduce the file into another format
(e.g. cut a new DVD from the file)
• Same restrictions apply as with online streaming from distributors
• Local storage works in a way that is similar to the traditional ownership model

91. Process for Ripping a DVD
Decode compression
container format
Decode content
scrambling
Decode copy protection
Four-step decoding process
Enables content to
play region free
Decoder

93. Exemptions to DVD Circumvention: DMCA

94. Theatrical Works

95. • Electronically stream online to University’s authorized users
• For educational and non-theatrical purposes
• Users must be authenticated for delivery through a course
management system
• Users must register under an associated course or a course that
is on electronic reserve
Requirements of Streaming Use

96. Further Protection :
Embedded HTML Code in
Blackboard Assignment
Posts

98. Derivative Works
• If you are an author or an artist and you want
to use all or part of someone else's creation in
your work, you may run into problems with
claims that your art is a derivative work.
– Audio
– Video
– Images
– Text

101. Section 108
Libraries and Archives
• § 108 · Limitations on exclusive rights: Reproduction by libraries and archives (a) Except as otherwise
provided in this title and notwithstanding the provi-sions of section 106, it is not an infringement of
copyright for a library or archives, or any of its employees acting within the scope of their
employment, to reproduce no more than one copy or phonorecord of a work, except as provided in
subsec-tions (b) and (c), or to distribute such copy or phonorecord, under the conditions specified by
this section, if— (1) the reproduction or distribution is made without any purpose of direct or indirect
commercial advantage; (2) the collections of the library or archives are (i) open to the public, or (ii)
available not only to researchers affiliated with the library or archives or with the institution of which it
is a part, but also to other persons doing research in a specialized field; and (3) the reproduction or
distribution of the work includes a notice of copy-right that appears on the copy or phonorecord that is
reproduced under the

102. NISO Webinar:
A Content Stream Runs Through It: Managing
Streaming Media Collections in Libraries
NISO Webinar • June 12, 2013
Questions?
All questions will be posted with presenter answers on
the NISO website following the webinar:
http://www.niso.org/news/events/2013/webinars/streaming_media

103. Thank you for joining us today.
Please take a moment to fill out the brief online survey.
We look forward to hearing from you!
THANK YOU