Re: copyright question

Mark W. Kopp (iu8film@iu08.org)
Mon, 3 Mar 2003 06:27:18 -0800 (PST)

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You are right. It does not come from 17:110;2....

Excerpted from the TEACH Act, which became Public Law 107-273 on 11/2/2002:

`(2) This subsection does not authorize the conversion of print or other
analog versions of works into digital formats, except that such conversion
is permitted hereunder, only with respect to the amount of such works
authorized to be performed or displayed under section 110(2)
`(A) no digital version of the work is available to the institution; or
`(B) the digital version of the work that is available to the institution
is subject
to technological protection measures that prevent its use for section
110(2).'.
Reminder of Section 110 (2) (110(2)) as excerpted:
performance of a nondramatic literary or musical work or display of a work,
by or in the course of a transmission, if -

(A)
the performance or display is a regular part of the systematic
instructional activities of a governmental body or a nonprofit educational
institution; and

(B)
the performance or display is directly related and of material assistance
to the teaching content of the transmission; and

(C)
the transmission is made primarily for -

(i)
reception in classrooms or similar places normally devoted to instruction, or

(ii)
reception by persons to whom the transmission is directed because their
disabilities or other special circumstances prevent their attendance in
classrooms or similar places normally devoted to instruction, or

(iii)
reception by officers or employees of governmental bodies as a part of
their official duties or employment;

At 12:53 PM 2/28/03 -0800, you wrote:
>I would appreciate the citation of the copyright section which authorizes
>the making of a digital copy for the purpose you describe. 110 ain't it.
>
>Ben Achtenberg
>
>
>At 12:04 PM 2/28/03 -0800, you wrote:
> >--=====================_24918818==.ALT
> >Content-Type: text/plain; charset="iso-8859-1"; format=flowed
> >Content-Transfer-Encoding: quoted-printable
> >
> >Except....I bet this gets something started...
> >
> >(Primarily, for Distance Education and Digital Video delivery)
> >The institution may convert from analog to digital the portion or amount of=
> >=20
> >that work authorized
> >to be used under Section 110(2) if:
> >=B7 no digital version of a work is available to the institution or
> >=B7 the digital version that is available is subject to technological=20
> >measures that prevent its
> >use for distance education
> >
> >Basically, if you need a DIGITAL version for Educational use (i.e. meeting=
> >=20
> >all the criteria for that part of the Code) you can convert, but only if=20
> >you cannot purchase it from the owner in a digitized format. You really=20
> >don't want to do the digitization if you don't have to, but you can if it=20
> >is not available.
> >
> >You are right, though, in that a TAPE would be illegal.
>
>Ben Achtenberg / Fanlight Productions
>4196 Washington Street, Boston, MA 02131
>(617) 469-4999 Fax: (617) 469-3379
>Email: Ben@Fanlight.com
>
>********************************
>VISIT OUR WEBSITE: www.fanlight.com
>********************************

****************************************************************************
Mark W. Kopp
Circulation Coordinator
Appalachia Intermediate Unit 8
Instructional Materials Services Department
580 Foot of Ten Road
Duncansville, Pa 16635
(814) 695-1972 Phone
(814) 695-3018 Fax
E-Address:
mail to:iu8film@iu08.org
See us on the Web at:
<http://www.iu08.org>http://www.iu08.org
Click on; "Instructional Materials Services"

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You are right. It does not come from 17:110;2....

Excerpted from the TEACH Act, which became Public Law 107-273 on 11/2/2002:

`(2) This subsection does not authorize the conversion of print or other analog versions of works into digital formats, except that such conversion is permitted hereunder, only with respect to the amount of such works authorized to be performed or displayed under section 110(2)
`(A) no digital version of the work is available to the institution; or
`(B) the digital version of the work that is available to the institution is subject      
   to technological protection measures that prevent its use for section 110(2).'.

At 12:53 PM 2/28/03 -0800, you wrote:
I would appreciate the citation of the copyright section which authorizes
the making of a digital copy for the purpose you describe. 110 ain't it.

Ben Achtenberg


At 12:04 PM 2/28/03 -0800, you wrote:
>--=====================_24918818==.ALT
>Content-Type: text/plain; charset="iso-8859-1"; format=flowed
>Content-Transfer-Encoding: quoted-printable
>
>Except....I bet this gets something started...
>
>(Primarily, for Distance Education and Digital Video delivery)
>The institution may convert from analog to digital the portion or amount of=
>=20
>that work authorized
>to be used under Section 110(2) if:
>=B7  no digital version of a work is available to the institution or
>=B7  the digital version that is available is subject to technological=20
>measures that prevent its
>use for distance education
>
>Basically, if you need a DIGITAL version for Educational use (i.e. meeting=
>=20
>all the criteria for that part of the Code) you can convert, but only if=20
>you cannot purchase it from the owner in a digitized format. You really=20
>don't want to do the digitization if you don't have to, but you can if it=20
>is not available.
>
>You are right, though, in that a TAPE would be illegal.

Ben Achtenberg  /  Fanlight Productions
4196 Washington Street, Boston, MA 02131
(617) 469-4999  Fax: (617) 469-3379
Email: Ben@Fanlight.com

********************************
VISIT OUR WEBSITE:  www.fanlight.com
********************************

****************************************************************************
Mark W. Kopp
Circulation Coordinator
Appalachia Intermediate Unit 8
Instructional Materials Services Department
580 Foot of Ten Road
Duncansville, Pa  16635
(814) 695-1972 Phone
(814) 695-3018 Fax
E-Address:
mail to:iu8film@iu08.org
See us on the Web at:
http://www.iu08.org
Click on;   "Instructional Materials Services"


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