Re: videos, distance education, & fair use

Clark, Jeff (clarkjc@jmu.edu)
Thu, 15 Mar 2001 12:08:02 -0800 (PST)

Barb,

On this issue of distance ed, there *is* some relief in
the works. A senate bill has just been introduced to
revise the Digital Millenium Copyright Act to meet some
of the needs of distance ed. You can find the bill by
searching S.487 on http://thomas.loc.gov/ . But since
it's an amendment, you'll have to correlate the
provisions with the actual copyright law sections that
it references to get the revised picture.

One major drawback is that the revisions, if passed,
still don't permit showing an entire video program via
DE. And in the end, it's still not the law yet.

Yeah... some institutions that have used video in DE
*have* bought extra copies to ship to their remote
students. Not a pretty option.

Jeff

On Thu, 15 Mar 2001 10:43:23 -0800 (PST) Barb Bergman
<barbara.bergman@angelo.edu> wrote:

> Personally, I thought it sounded like fair use to me too, but the Distance
> Education section of "Fair Use Harbor"
> http://www.stfrancis.edu/cid/coprbay/fairuse.htm said otherwise. I mean,
> what are you supposed to do? Buy a second copy of a video and mail it to
> the remote site?
>
> Barb
>
> At 09:58 AM 3/14/2001 -0800, you wrote:
> >I dunno. If access to the broadcast is limited strictly to enrolled
> >students, I'd vote for this being fair use.
> >
> >gary
> >
> >
> >
> >At 08:45 AM 03/14/2001 -0800, you wrote:
> >>I'm working on a presentation on fair use. I've gathered all sorts of good
> >>resources (most of which I've learned about from you guys!) but have one
> >>question:
> >>
> >>The sources I have say:
> >>When teaching a class via Distance Education, it's NOT okay to broadcast a
> >>video without permission. (Even if no one outside the class could access
> it.)
> >>
> >>Is this still correct? Or have there been changes in this doctrine? Any
> >>changes in the works?
> >>
> >>thanks in advance,
> >>Barb
> >>
> >>
> >>
> >>*-*-*-*-*-*-*-*-*-*-*-*-**-*-*-*-*-*-*-*-*-*-*-*-*
> >>Barbara J. Bergman Porter Henderson Library
> >>Media Librarian Angelo State University
> >>ph: (915) 942-2313 Box 11013, ASU Station
> >>fax: (915) 942-2198 San Angelo, TX 76909
> >>*-*-*-*-*-*-*-*-*-*-*-*-**-*-*-*-*-*-*-*-*-*-*-*-*
> >>Buffy: You need to have some fun.
> >>Giles: I'll have you know that I have very many relaxing hobbies.
> >>Buffy: Such as?
> >>Giles: I enjoy cross-referencing.
> >
> >Gary Handman
> >Director
> >Media Resources Center
> >Moffitt Library
> >UC Berkeley, CA 94720-6000
> >510-643-8566
> >ghandman@library.berkeley.edu
> >
> >"You are looking into the mind of home video. It is innocent, it is aimless,
> >it is determined, it is real" --Don DeLillo, Underworld
> >
> >

**********
Jeff Clark
Director
Media Resources (MSC 1701)
James Madison University
clarkjc@jmu.edu
540-568-6770 (voice)
540-568-3405 (fax)