[Nfb-krafters-korner] what you are forgetting
Eileen Scrivani
etscrivani at verizon.net
Tue May 3 19:48:02 UTC 2011
Dixie:
I totally agree with your review & comments on the agreement statement.
I've read & re-read the statement and have had other family members look at
the statement. Everyone who has read it over that I've asked, seems to say
this statement is one sided favoring in the benefit of the NFB & gives zero
rights to the instructors & gives all rights to the NFB &/or NFB KKD to
whatever they like with recordings without any permission. Agreeing to this
statement appears to sign away all rights of both the instructors as well as
anyone else who participates in the recordings.
Eileen
-----Original Message-----
From: Dixie
Sent: Tuesday, May 03, 2011 1:45 PM
To: 'List for blind crafters and artists'
Subject: Re: [Nfb-krafters-korner] what you are forgetting
Joyce,
You said:
----begin clipped message----
I am sorry you feel this way. This statement is what Attorney Brown had
suggested and approved. We were forced to do this to clarify the NFB
Krafters
Division responsibility for the recordings.
----end clipped message-----
And further on you said:
----begin clipped message-----
This statement clarifies what the division's rights are
and if you look into the meaning behind this statement I believe the
teachers
can get their answer too.
----end clipped message----
The way I see it, in looking into the meaning of the statement, as you
suggest we do, is:
The agreement states: "Classes will be recorded for dissemination to
students that attend the
class.
This appears to me that: This section is giving the NFB KK the right, to
record the classes and hand them out to the students who have attended
class.
The next section of the statement states:
Recordings are provided by the National Federation of the Blind (NFB)
Krafters Division
In my evaluation of the above section it appears that this statement is
laying the footwork to ownership of the recordings.
The NFB KK statement goes on to say:
At the end of class (all sessions for a given class), the
NFB Krafters Division retains a nonexclusive license to copy, distribute or
sell recordings in part or as a whole, including the use for promotional
purposes, without remuneration.
In my view, this is the clause that hands over all the instructors rights as
well as the students' rights of privacy to the NFB. It allows them, the
NFB, to use those recordings any way they, the NFB, choose to, without
being required to compensate or even ask for further permission of either
the instructor, or the students who have been recorded. It allows for the
NFB to edit, distribute the recordings, sell the recordings, post them on
the internet, etc.
So, although as some have mentioned, the entire recording of a class may not
be of interest to anyone other than the members of the class, due to chit
chat etc., the edited versions could be copied, sold, posted on the
internet, etc. This is where the problem is lying. It appears that is
where the NFB is taking ownership of something in order that they may use it
however they may see fit to in the future.
So, Joyce, if that is not the intention of this clause, maybe you can see
how it appears to be coming across, and maybe it is not to be in our best
interest?
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