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