Fair Use is in the Eye of the Beholder…or Not by TTW Contributor Troy Swanson

YouTubeCapture

I have a decent understanding of copyright and the process of determining fair use, but I didn’t have a good understanding of how YouTube enforces and adjudicates copyright disputes. I’ll own up to my naiveté, but even after acknowledging this, I am still troubled by YouTube’s approach to copyright enforcement.

I thought about titling this post, “I Fought the Law and the Law Won,”
but the problem is that this whole thing isn’t really about the law at all. In YouTube Land, it doesn’t really matter if your use of copyrighted material falls under fair use or not. What matters is that content creators can use YouTube’s enforcement tools to shutdown your account and make life so difficult that you avoid any use of outside content all together. YouTube has become the default, national forum for online video, and, as such, their approach to copyright has a chilling effect on speech and public discourse.

Our library has 93 videos totaling well over a 100 of hours of content on YouTube, but my problems stem from a total of 45-75 seconds of video. Actually, about 25 seconds of a particular video has allowed Sony Music to put a copyright strike on my library’s YouTube account. My library’s YouTube account is still in place and our videos are still visible, but we are no longer able to upload videos longer than 15 minutes, which pretty much limits most of our primary uses.  When the violations appeared, I probably should have clicked on the “acknowledge” button, which may have helped to avoid the  strike . But, our use falls within fair use, and I decided to challenge the claims against our use.

The following copyright violations were identified through YouTube’s automated system:

1. A lecture given by our campus police chief where he shows a YouTube video (ironically) and YouTube’s bots caught the music in the background of that video. So, the bots caught music in a video within our video. They called this a misuse of 3rd party content, even though the video within our video is made freely available by City of Houston and the music in question is a very small percentage of the work in the background of a video.
Our video: http://www.youtube.com/watch?v=5uSYkqR33ec
Video within the video: https://www.youtube.com/watch?v=5VcSwejU2D0

2. A lecture and dance performance from a dance company visiting our college. YouTube’s bots caught the music used by a dancer in a demonstration. After filling out YouTube’s forms claiming fair use, this video was eventually given the green light. We won this one after appealing.
Our video: http://www.youtube.com/watch?v=rl_h7DcTcgw

3. (This is the one that put a strike on our account.) A student created video hosted on our account. This was a video project created for a speech class that used 25 seconds of Michael Jackson’s Thriller. When I uploaded it, I knew that this one might be a problem, but I felt that we were safe under the tests of fair use (see Stanford’s Measuring Fair Use: The Four Factors ). I have taken this one all the way through the appeal process and have been given a strike.

Of course, I recognize that YouTube/Google is a private company that can set their own rules on their platform, but I also find it troubling that they make money off of all of the content freely given to them. As someone who has given them useful content and driven traffic to their site, I feel that they have a responsibility to me and to the millions of other users like me. They have a responsibility to write rules that do not allow huge companies like Sony to bully their way through the online world.

Just a few months ago, Lawrence Lessig won a suit against Liberation Music in an effort to fight this kind of copyright abuse (see Lawrence Lessig Wins Damages for Bogus Youtube Takedown). Unfortunately, Lawrence Lessig doesn’t work for my library, and it is unlikely that the swansonphotoElectronic Frontier Foundation will swoop in and fight for fair use on my library’s behalf. More than likely, I will have to wait six months until this copyright strike expires, and then will have to become very strict with future videos. The weighing of fair use under US copyright law won’t really matter.

One positive result from this experience is that our librarians have a new example to use when talking to faculty about scholarly communication issues. Our campus has new justification for a campus-hosted video solution that is independent of YouTube. I am fortunate enough to work at a college large enough to implement our own video management system, which is not always possible at smaller colleges or smaller public libraries who depend on services like YouTube. None-the-less, the overall result for us is a chilling effect that helps to avoid this administrative paper chase.  

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Troy A. Swanson is Department Chair and Teaching & Learning Librarian at Moraine Valley Community College. He is the author of the book,Managing Social Media in Libraries. You can follow him on Twitter at @t_swanson.

 

Thanks ILEAD U!

Thanks to all the great folks participating in ILEAD U for the warm welcome the morning for my keynote.

The slides are here:

https://dl.dropboxusercontent.com/u/239835/StephensLearningEverywhereILEADU.pdf

The presentation is based in part on these columns:

A Genius Idea?: http://lj.libraryjournal.com/2014/03/opinion/michael-stephens/a-genius-idea-office-hours/

Learning Everywhere: http://lj.libraryjournal.com/2012/04/opinion/michael-stephens/learning-everywhere-office-hours/

Learning to Learn: http://lj.libraryjournal.com/2013/06/opinion/michael-stephens/learning-to-learn-office-hours/

Infinite Learning: http://lj.libraryjournal.com/2013/10/opinion/michael-stephens/infinite-learning-office-hours/

Using an Apple TV on The 2nd Floor of the Chattanooga Public Library

Here’s one of the neat little things we’re testing out on The 2nd Floor of the Chattanooga Public Library: using an Apple TV/Projector/iPad/blank wall combination to stream random things while the library is open.

This morning, we used our streaming service Hoopla to show folks just how awesome your library card can be.  Then we listened to some Daft Punk for a bit and finally switched it over to a complete walk through of The Legend of Zelda which is running as we speak.

Why are we doing this?  We’ve got a lot of wall space on The 2nd Floor and more importantly it starts conversations among our library guests and our staff.  When our staff shares an example of a library service that we offer of something that interests us personally we open up the library to some great conversations.  In those conversations, we make connections with our community. These connections make our place in the community stronger.

-Post by Justin Hoenke, Tame the Web Contributor

classroom

#PLA2014 Hyperlinked Learning Experiences

classroom

Greetings from #PLA2014 in Indianapolis.

The slides for my talk today are here: https://dl.dropboxusercontent.com/u/239835/StephensPLA2014Learning.pdf

The presentation is based in part on these columns:

Reflective Practice: http://lj.libraryjournal.com/2014/01/opinion/michael-stephens/reflective-practice-office-hours/

Learning Everywhere: http://lj.libraryjournal.com/2012/04/opinion/michael-stephens/learning-everywhere-office-hours/

Learning to Learn: http://lj.libraryjournal.com/2013/06/opinion/michael-stephens/learning-to-learn-office-hours/

Infinite Learning: http://lj.libraryjournal.com/2013/10/opinion/michael-stephens/infinite-learning-office-hours/

 

Congrats to Jan Holmquist, 2014 Library Journal Mover and Shaker

 http://lj.libraryjournal.com/2014/03/people/movers-shakers-2014/jan-holmquist-movers-shakers-2014-tech-leaders/Movers2014webBigHolmquistb

Jan Holmquist’s nominators describe him as a “global librarian,” and it’s easy to see why. In addition to his current work as head of development for Denmark’s Guldborgsund libraries, Holmquist’s side projects tend to involve collaboration with librarians all over the world. He is engaged with ongoing international projects in Germany and the Read Watch Play Twitter reading group based in Australia. And in 2011 and 2012, he worked with librarians in the United States and the UK on the “Buy India a Library Project” and then built awareness of the program’s efforts with a presentation on crowdfunding for libraries at the Bibliothekartag conference in Hamburg, Germany.

Congrats to Jan Holmquist, who was just named a 2014 Mover and Shaker by Library Journal!

TTW Contributor Justin Hoenke: Congrats to Jan!  I’ve had the great pleasure of being connected with Jan via Twitter since 2010.  Jan’s tweets and writings inspired me from the start to be the best librarian I can be.  Jan is one of the most honest and sincere people I have ever met.  He is truly the “global librarian” whose thoughts and teachings are held to no international boundary.  Jan writes and shares from the heart.  I am proud to not only call him a colleague but a friend as well. 

Jan and Justin in Hamburg, Germany at the 2012 Bibliothekartag Library Confrernce
Jan and Justin in Hamburg, Germany at the 2012 Bibliothekartag Library Confrernce

 Michael Stephens: I’ve known Jan for many years and he’s been a welcome contributor to TTW. I will never forget a brilliant afternoon spent walking and talking with Jan  all over Helsinki at IFLA 2012. We had so much to discuss: libraries, learning, mobile devices, the future. It was then we decided to partner for research for the first iteration of the 23 Mobile Things program at his library. I am so impressed with his vision of staff exploring and playing with mobile apps as a means to experience what mobile tech offers to users and libraries. Jan was also an excellent choice to go a guest lecture on mobile technology for the #hyperlibMOOC and his innovative video playlist was well-received. (Look, a Moose!)

As Justin mentions above, I truly believe Jan is a perfect example of a humanistic, global librarian, one who embodies what Lawrence Clark Powell wrote about when he described “A good librarian is a librarian, a person with good health and warm heart, trained by study, and seasoned by experience to catalyze books and people.”  For Jan, I’d venture to say he’s helping to catalyze librarians, learners and everyone with the power of technology.

Jan and Michael in Helsinki
Jan and Michael in Helsinki

 Jan at TTW

Buy India a Library project

-Post by Justin Hoenke, Tame the Web Contributor
23 Mobile Things

See You at PLA

hyperlibMOOCI am excited to be speaking at the Public Library Conference in Indianapolis.  See you there!

Thursday, March 13, 2014
04:15 PM – 05:15 PM
135-136

Hyperlinked Learning Experiences at Public Libraries: MOOCs & Beyond

This presentation will explore emerging models of connected, open learning—offered for free— with great potential for staff and the public. Can we support students of all kinds in Massive Open Online Courses? What’s the potential for professional development and lifelong learning when courses can gather the best of the best in a field and offer experiences and exploration anywhere? This session will explore new ideas and thinking about learning at the library.

Note: any #hyperlibMOOC participants attending, please say hello. I have name tag ribbons and Stickygrams for you.

Really? No Place for Collaboration at the Library

exetersignsVia Pam the Librarian:

http://pamlibrarian.wordpress.com/2014/03/08/kicked-out-of-the-library/

Last week I went to the Exeter Public Library with a colleague to work on a project for our high school. We needed Internet access, a table to spread our documents out on, an outlet to plug-in our devices, a spot away from the distractions of our school, and a buzzing atmosphere where we would feel inspired to create new ideas for our project. What better place than the local library?

We arrived to a very still and silent library. Two women behind the main desk looked at us as we walked in and went back to work. Patrons were sitting in chairs reading newspapers. There were some available study carrels in the corners. No group tables near outlets.

We tried the second floor. We were faced with several empty chairs and study carrels and signs that say “no talking.” There was an empty “meeting room” with no table and no chairs. Another meeting room was locked.

Because it was 10 a.m. we went into the Teen room (which is located directly behind the Reference desk.) The room is empty because it is a Friday and all of the teens in town are in school. We sat at a booth with an outlet and spread out our documents. As soon as we started working we were interrupted by a staff member who said that we are not allowed to work in there because we would intimidate the teens. I jokingly suggested that the fact that we are high school teachers/librarians could gain us access to this empty room. The librarian did not think it was funny and asked us to leave. I asked her for a suggestion of a location where we could work together at a table near an outlet. She said there are outlets all over the walls but could think of no table near an outlet. She recommended we try the second floor and I said that we will need to talk about our project. She reminded us we are not allowed to talk on the second floor.

We packed up and spent the day at Me & Ollie’s cafe where we sat on couches around a coffee table near an outlet surrounded by the buzz of the cafe. A young woman was reading a book next to us. An older man was typing hurriedly on his laptop on the other side. People were having meetings, drinking coffee, and getting business done. We were welcomed by the staff. They made us tea. And we got our work done.

This is unfortunate. I get that maybe adults shouldn’t be in the teen area without a teen, but maybe an exception could be made? And maybe some space for working together should be in the works soon. I did check out the library’s web site and Facebook. Looks like they had mini golf last year in the library! Maybe someone from the library should comment. Maybe it was just an off day?

I would suggest a “kindness audit” of signage though. :-)

Quiet

New San Rafael Library Web Site

Sarah Houghton writes:

http://librarianinblack.net/librarianinblack/2014/03/new-san-rafael-public-library-website.html

I’m pleased to announce that last week we launched a new website for San Rafael Public Library athttp://srpubliclibrary.org. The site was designed by Influx with their Prefab library website service. We are very happy with it!

websitescreenshot

Our library is relatively small and we don’t have the time or staff brain bandwidth or expertise to design, maintain, troubleshoot, and host a website. We were happy to hire Influx to do this work for us. For very little money a whole lot of pressure and stress has been relieved from our collective library brain.

So far, we’ve gotten some really fabulous feedback from library users, stakeholders, and city government officials.  Take a look, let us know what you think, and check out Influx if you’re looking for a quick, customizable (and yet still ready out-of-the box) website solution!

This is an impressive redesign. If you are looking for a Web refries, take a look at Influx and their Prefab library website service.

Survey: Preparing our Users for Digital Life Beyond the Institution

Brian Kelly (Cetis, University of Bolton) and I are carrying out a survey to support a contribution for the LILAC 2014 information literacy conference.

The aim of the survey is to identify institutional policies and practices to support use of Cloud services by staff and researchers as well as current institutional policies and practices for staff and researchers before they leave their host institution (e.g. due to redundancy, retirement or to take up a new post) who wish to continue to make use of IT services and digital resources.

The findings will be published in a poster on “Preparing our Users for Digital Life Beyond the Institution” to presented at the LILAC 2014 conference.

The survey can be found at: https://www.surveymonkey.com/s/lilac14-cloud-literacy – we would really appreciate it if you could take the time to fill it in.

For further information see Brian’s blog post: Preparing our Users for Digital Life Beyond the Institution: http://ukwebfocus.wordpress.com/2014/03/03/preparing-our-users-for-digital-life-beyond-the-institution/

Many thanks,

Jenny Evans - Maths and Physics Librarian - Central Library | South Kensington Campus | Imperial College London

Note: Cloud services can be defined as ‘web-based software’ hosted in ‘the cloud’ (on web servers outside your institution).

People, Libraries & Technology – A Weblog by Michael Stephens