From: "Peter B. Hirtle" <[log in to unmask]>
Date: Fri, 18 Jan 2013 16:56:29 +0000
I am worried that people are being a little too hasty about DocuWatch.
It seems to me that the site is seeking to identify and embed videos
found on video sharing sites such as YouTube. And we know that some
videos on YouTube and posted there with the approval - and sometimes
by - the rights owner. Would you tell faculty members not to link to
a YouTube video?
And on a practical level, what liability would the university face if
a faculty member pointed to a video on a video sharing site that turns
out to be infringing? There is convoluted law and competing decisions
on Internet linking, but at least one case (Bernstein v. J.C. Penny)
would seem to suggest that you cannot be held liable for linking to a
link that itself links to infringing content. I could imagine content
owners going after a video web site if it hosts infringing videos, and
I could imagine them possibly challenging the DocuWatch site for
aggregating links to infringing videos (much as the US tried to
extradite Richard O'Dwyer from the UK for building the TVShack.net
search engine), but are they likely to go after a university for
linking to either the DocuWatch site or directly to the underlying
video?
On a practical level, I would not recommend using this site (or even a
YouTube video) in a class because you never know when it might
disappear. And I would want to check with our legal staff on what is
the current thinking on the possibility of contributory infringement
for linking to content that may turn out to be infringing. But I would
also hate to think that the web is going to turn into a world in which
we only gather information from "official" web sites. We might as well
say that the only information that can be used is information that has
been purchased.
Peter Hirtle
-----Original Message-----
From: Scott Stangroom <[log in to unmask]>
Date: Thu, 17 Jan 2013 10:26:13 -0500
Hi, I think the sentence they have displayed on the home page of the
site says it all:
"On this site, you will find hundreds of documentaries that have been
found on the web, all in one place, all ready to watch." Um, "found
on the web? Right.
~Scott
______________________
Scott Stangroom
Acquisitions Coordinator
University of Massachusetts, Amherst
W.E.B. Du Bois Library
Acquisitions Dept.
Amherst, MA 01003-9275
[log in to unmask]
-----Original Message-----
From: "Schwartz, Judy" <[log in to unmask]>
Date: Wed, 16 Jan 2013 01:54:00 +0000
I would stay far far away. You could always contact PBS, innocently
enough, and ask them if this vendor has a license to do this.
Usually, if it seems to good to be true, it isn't.
Judith K Schwartz
Sr. Director of Library Services
The Libraries @ Trocaire
________________________________________
From: "Hamaker, Charles" <[log in to unmask]>
Date: Tue, 15 Jan 2013 21:08:35 +0000
We've had some faculty discover the website of DocuWatch and are
asking about how legal it is to use it in classroom settings, course
management systems, syllabi, etc. Does anyone know if DocuWatch has
the rights to stream the videos they provide? We can't find anything
on the web about the site other than mostly hype about the titles.
Any information would be helpful in evaluating the legality of the
videos they are providing.
They specialize in documentaries, including PBS station content not
available via streaming video from other sources. The lack of critical
commentary or mention from any source that might provide insight into
its legitimacy via a standard google search is notable.
What is the general feeling about just linking to a web site of
unknown copyright legality? Or displaying video from an online source
without knowing about its legality, in an institutional setting for
educational purposes?
Thanks
Chuck Hamaker
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