Re: videos, distance education, & fair use

Jessica Rosner (
Thu, 15 Mar 2001 14:57:33 -0800 (PST)

Alas Barb it is the usual slippery slope. How can one say a SINGLE location
with 25 students is OK but 2 locations with 50 is too much. As I understand
current law any kind of "broadcast" is not covered. I just also have problem
with why it would be so difficult for the distance students to see the film
at another time. If the Prof thinks the film is that important for the
course than make arrangements similar to a book by either putting on reserve
or arranging a single screening at another location. Of course this is not
as convenient but rights are not about convenience. I am asssuming that the
distance Ed students are actually PAYING for the course and that the
Professor is also being paid so how come the owner of potential teaching
materials is not taken into account ? I probably told this one before but I
still remember the media person who called me to get permission to put one
of our titles on a campus closes circuit system because the professor wanted
students to be able to watch the film in the convenience of their dorm
rooms. I told her that if they wanted to broadcast it than there would be a

There are all sorts of levels of the type, cost & use of the media involved.
I confess that I am pretty much familiar with feature films
I don't think most "rights holders" are trying to rip off customers or that
educators want to screw rights holders but I just see a general devaluation
of visual media that somehow leads to a perception that it is not protected
in the same way words are.

Jessica Rosner
Kino International
333 W 39th St. 503
NY NY 10018

> From: Barb Bergman <> > Reply-To: > Date: Thu, 15 Mar 2001 14:27:05 -0800 (PST) > To: Multiple recipients of list <> > Subject: Re: videos, distance education, & fair use > > I'm feeling fiesty now that I've stirred up a can of worms with what > started as a hypothetical question.... I'm playing devil's advocate here > since the easy answer to any fair use question is, of course, "Ask for > permission!" > > Okay, a big cartoon lightbulb just lit up over my head: Educators and > films distributors appear to have very different definitions regarding the > meaning of the terms "distance education" and "broadcast" etc. > > When I refer to distance education I mean: A regularly scheduled college > class where all students are listening to the same lecture at the same time > --but some of the students happen to be viewing the instructor through a tv > screen because they're sitting in a classroom 200 miles away. I'm talking > about an average 25 student class with one local and one remote site, not > some huge seminar with multiple locations. This real-time transmission is a > closed circuit. No one, I repeat NO ONE, outside of the classrooms can view > the class. No recording is being made of the class. > > So, in my mind this is not a "broadcast" --I'm not showing a video on the > local public access channel or the campus information network. It's more > like having two TV screens in a huge lecture hall so that everyone has a > good view. > > The issue is not really money. No, I don't have the money to buy two copies > of a $200 video, but the issue is that I shouldn't haven't to. > > For example: Let's say I'm a professor and I'm teaching a biology class. I > have a great film showing the process of mitosis that I use in my regular > class sections; the visuals really help the students grasp the concept. If > I can't show it to the students taking my distance ed section, and I > wouldn't make an illegal copy of the video and mail it to the remote site, > do I just not use it? Doesn't this punish the remote students just because > they aren't able to sit in the same classroom I'm in? How can I consider > this an equal education? > > See where I'm coming from? > > 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.