AUDIOVISUAL ARCHIVING: DIGITAL MEDIA Codecs and wrappers Technical characteristics of digital A/V Digitized vs. born-digital Tools for digital video Storage Rights and Access

FILE FORMAT: “a standard way that information is encoded for storage in a computer file”; “a byte-serialized encoding of an information model”

CODEC: coder-decoder; “a device or program that compresses data to enable faster transmission and decompresses received data”

WRAPPER: digital container format; container; file format; “a metafile format (format that can store multiple types of data) whose specification describes how different elements of data and metadata coexist in a computer file” Diagram taken from AVPreserve: Diagram taken from W3C:

LOSSY vs. LOSSLESS LOSSY: Decreases filesize by permanently removing information from the original data LOSSLESS: Decreases filesize by encoding information in such a way that the original data can be recovered

COMMON VIDEO CODECS H.264/MPEG-4 MPEG-2 MOTION JPEG 2000 FFV1 APPLE PRORES UNCOMPRESSED V210, UYVY, YUY2 DV

COMMON VIDEO WRAPPERS QUICKTIME AVI MXF MATROSKA MP4

SAMPLE RATE AND BIT DEPTH: AUDIO Diagram taken from Charlotte Keating:

VIDEO BIT DEPTH number of bits used per color channel per pixel (8-bit = 256, 10-bit = 1024)

COLOR SPACE RGB YUV stores color as combination of luminance, blue channel, red channel; used for TV/video broadcast stores color as combination of green channel, blue channel, red channel; most cameras capture this Diagrams taken from Adobe:

CHROMA SUBSAMPLING 4:4:4: same sample rate for light and both color channels; absolute highest quality 4:2:2: two color channels sampled at half the rate as light channel; used in many high-quality formats 4:2:0: alternates sampling between the two color channels; used in DVD, Blu-ray, and most common access formats 4:1:1: two color channels sampled at ¼ the rate as light channel; used mostly in low-end consumer formats

ASPECT RATIO relationship between image width and height Pixel Aspect Ratio: PAR Sample Aspect Ratio: SAR Display Aspect Ratio: DAR PAR x SAR = DAR

DIGITIZED VS. BORN-DIGITAL

INTERLACING

DEINTERLACING

PRESERVATION QUALITY DIGITIZATION PRESERVATION FILE codecs: 10-bit uncompressed v210, JPEG2000, FFV1 color space: YUV chroma subsampling: 4:2:2 aspect ratio: preserve original (for video, usually 4:3) wrappers:.mov,.avi audio: 48 kHz/24-bit PCM MEZZANINE FILE/PRODUCTION MASTERS most useful in production environments codecs: ProRes, DV50, high-quality H.264 ACCESS FILE should be suitable for web playback, streaming, or institutional viewing can be digital or physical (DVD) codecs: low-quality H.264, MPEG-2

NORMALIZING FOR PRESERVATION WHY DO IT? -It’s easier for an institution to commit to preserving a small subset of file types than to try and preserve all file types -Unusual, complex, or highly proprietary formats are difficult to preserve -Uncompressed video is costly in terms of storage space and processing time

NORMALIZING FOR PRESERVATION WHY NOT DO IT? -Video is complex, and it requires a lot of planning and technical expertise to make sure all salient characteristics are being preserved -It’s not always possible to restore the original from a transcoded version -Every technological process provides an opportunity for error or corruption

TOOLS displays relevant technical metadata for video and audio files produces libraries and programs for handling video and audio data

STORAGE

Navigating access to digital AV collections Presented by Casey

WHAT IS COPYRIGHT?

17 U.S.C. 102 Copyright protection subsists in “original works of authorship fixed in any tangible medium of expression.”

= INDEPENDENTLY CREATED + AT LEAST SOME MINIMAL DEGREE OF CREATIVITY Copyright protection subsists in “original works of authorship fixed in any tangible medium of expression.”

What is copyrightable? Literary works Musical works Dramatic works Choreographic works Pictorial, graphic and sculptural works Motion pictures and other audiovisual works Sound records Architectural works

WHY IS VIDEO SO COMPLICATED?

talent unions contracts narration writers co-productions studios directors recorded music composed music third party footage lost contracts producers

What’s not copyrightable? Facts Ideas Concepts Principles Discoveries Words, phrases, familiar symbols Works not fixed in a “tangible medium of expression”

IDEA/EXPRESSION DISTINCTION

WHAT’S AUTHORSHIP? Copyright protection subsists in “original works of authorship fixed in any tangible medium of expression.”

17 U.S.C. 201 Copyright “vests initially in the author or authors of the work. The authors of a joint work are co-owners of copyright in the work.”

WORKS MADE FOR HIRE (17 U.S.C. 101) Within scope of employment Works by independent contractors, which were commissioned for use as a Contribution to a collective work Translation Supplementary work Compilation Instructional text Test Answer material for a test Atlas

JOINT AUTHORSHIP Two or more authors make copyrightable contributions to a work All intent that their contributions be merged into a unitary whole

Exclusive economic rights of owners (17 U.S.C. 106) Right to reproduce/copy Right to modify & make derivatives – Make a work based on the pre-existing work (translation, motion picture version, abridgment, etc.) Right to distribute – Sell, give away, rent, or transmit copies to the public Right to perform/display to the public

BUT THERE ARE LIMITATIONS U.S.C. 108 (reproduction by libraries and archives) 17 U.S.C 107 (fair use)

108(A) LIBRARIES/ARCHIVES CAN REPRODUCE AND DISTRIBUTE ONE COPY IF: You reproduce or distribute for nonprofit purposes You provide public access to your collections You make your collections available for not only to researchers affiliated with your institution but also to other people doing research in a specialized field Reproduction and distribution includes notice of copyright & that reproduction occurs through provisions of 108.

108(B) LIBRARIES/ARCHIVES CAN REPRODUCE THREE COPIES OF UNPUBLISHED WORKS FOR PURPOSES OF PRESERVATION IF: The copy reproduced is part of your collection Any digital copy is not distributed digitally and not made available to the public in that format outside the premises of the library/archives

108 (C) LIBRARIES/ARCHIVES CAN DUPLICATE PUBLISHED MATERIALS TO REPLACE DAMAGED, DETERIORATING, LOST, OR STOLEN, OR IF THE WORK BECOMES OBSOLETE IF: Unused replacement can’t be obtained at a fair price You don’t provide access to the digital copy outside your premises

OBSOLETE = MACHINE/DEVICE NECESSARY TO RENDER THE WORK IS NO LONGER MANUFACTURED OR REASONABLY AVAILABLE

108 (E) YOU CAN REPRODUCE AND DISTRIBUTE ENTIRE WORKS TO USERS OR OTHER LIBRARIES IF: You determine that a copy can’t be obtained at a fair price You have no knowledge that the copy would be used for any purpose other than private study, scholarship or research You display copyright notice The audiovisual motion picture “deal[s] with news”

IS THAT IT? Nah. Let’s look at 17 U.S.C. 107 (fair use).

17 U.S.C. 107 “fair use of a copyright work, including such use by reproduction in copies...or by any other means specified in that section [106], 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 IS FAIR, CONSIDER THE FOUR FACTORS: (1)Purpose and character of the use (2)Nature of the copyrighted work (3)Amount and substantiality of the portion used in relation to the copyrighted work as a whole (4)Effect of the use on the potential market for or value of the copyrighted work That fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of al of the above factors.

1) PURPOSE AND CHARACTER Campbell vs. Acuff-Rose case determined by Supreme Court established what is considered the “heart of fair use” – transformativeness. A use is transformative when it alters the original work with a completely new meaning, message or expression. The more transformative the use, the less the significance of the other three factors.

2) NATURE OF THE COPYRIGHTED WORK -Unpublished works tend to receive more protection than published works (Harper vs. The Nation) -The more creative the work, the more protection it tends to receive

3) AMOUNT AND SUBSTANTIALITY -not just quantitative amount, but more importantly, the qualitative amount -the “heart” of the work is more protected than the less creative portions of a work (Harper vs. the Nation)

4) EFFECT OF USE ON POTENTIAL MARKET -including loss of sales, loss in potential markets, and licensing fees -if use is for educational nonprofit purposes, the market harm must be demonstrated

LET’S DO AN EXERCISE Review example agreement Determine what we can do with the donated materials Review another example agreement Determine what we can do with the donated materials Look at two example items to be donated Notice any issues? Fair use analysis Determination of access

CREATIVE COMMONS Creative Commons is a non-profit that provides copyright owners with free licenses that they can use to relinquish their rights to varying extents, allowing for the public to share and reuse their copyrighted works. Attribution – most accommodating of licenses Attribution-ShareAlike – can modify/create derivatives, even commercially (used by Wikipedia, open-source code) Attribution-NoDerivs – redistribution, even commercially, but no derivs Attribution-NonCommercial – can distribute and create derivs but only noncommercially Attribution-NonCommerial-ShareAlike -- can modify/create derivs, but only noncommercially Attribution-NonCommercial-No Derivs – most restrictive, only allows download and sharing with others non commercially, no derivs Source: Creative Commons, CC 4.0 international license

CREATIVE COMMONS Source: CopyrightX, Harvard Law Schoolhttp://cyber.law.harvard.edu/people/tfisher/cx/CopyrightX_Lecture6_ Illustrations.pdf, licensed under Creative Commons Attribution 4.0 Licensehttp://cyber.law.harvard.edu/people/tfisher/cx/CopyrightX_Lecture6_ Illustrations.pdf

RISK ASSESSMENT – WHO IS GOING TO GET MAD? Direct infringement of exclusive economic rights Secondary Liability Contributory Infringement requires Direct infringement Knowledge by the defendant Material contribution Vicarious Liability Direct infringement Financial interest in the infringement Right and ability to supervise direct infringer

SUGGESTIONS Get the rights to the extent the donor can give you the rights to put it online Document the fair use analysis and rights that you have Analyze the genres of content in your collection Put a big take down notice on your digital archive website Make users acknowledge your Rules of Use Technological considerations Click through acknowledgement of Rules of Use Applying multiple levels of access for different types of content Understanding “streaming”

Code of Best Practices in Fair Use for Academic and Research Libraries: fair-use-academic-and-research-libraries fair-use-academic-and-research-libraries Copyright & Cultural Institutions: Guidelines for Digitization for U.S. Libraries, Archives & Museums, by Peter B. Hirtle, Emily Hudson, and Andrew T. Kenyon (2009) Copyright_final_RGB_lowres-cover1.pdf Copyright_final_RGB_lowres-cover1.pdf CopyrightX course & resources, Harvard Law School: copyx.org/ Copyright Term and Public Domain in the United States, by Peter B. Hirtle: U.S.C. 17: Flowchart of Legal Questions about Digitizing News Archives, WGBH and Harvard Law School’s Cyberlaw Clinic: content/uploads/2014/03/Flowchart-5-May v.-2.pdfhttp://bostonlocaltv.org/blog/wp- content/uploads/2014/03/Flowchart-5-May v.-2.pdf

A Primer on Codecs for Moving Image and Sound Archives, AVPreserve: content/uploads/2010/04/AVPS_Codec_Primer.pdf content/uploads/2010/04/AVPS_Codec_Primer.pdf Born Digital Video Preservation: A Final Report, Smithsonian Institution Archives: eservation2011.pdfhttps://siarchives.si.edu/sites/default/files/pdfs/bornDigitalVideoPr eservation2011.pdf Digitizing Video for Long-Term Preservation: An RFP Guide and Template, New York University Libraries: Format Descriptions for Moving Images, Library of Congress, The Video Road, Adobe blog: ng.html _4.html