RE: [Videolib] A copyright question or two

Jed Horovitz (JedH@videopipeline.com)
Thu, 31 Jul 2003 13:43:21 -0400

Wow. The problem with your situation is that it is not black and white. The
result of which is that if you ask a typical lawyer, they give you the most
conservative safe answer.

Personally, I think that the professor (school) should buy a copy if it is
available. The use for educational puposes is then a function of a. fair
use b. the teach act.

Me belief is that taping of the air is really only permissable for personal
use (time shifting) or if the material is being transformed in the some way
by the subsequent use (sampling, quoting, etc.) and is not a function of
whether copies of the material are for sale. The more your use is similar
to showing the entire work, the less transforming it is.

If the material is only available off the air and is essential to the
lesson, they ought to be able to use it BUT the copyright law doesn't say it
is ok or not, it is a case by case evaluation.

I suggest you ask attorney John Mitchell [John@interactionlaw.com] this is
exactly his area of expertise and experience. He is not typical.

Jed

-----Original Message-----
From: videolib-bounces@library.berkeley.edu
[mailto:videolib-bounces@library.berkeley.edu]On Behalf Of John Streepy
Sent: Thursday, July 31, 2003 1:00 PM
To: videolib@library.berkeley.edu
Subject: [Videolib] A copyright question or two

Hello all,
I have a couple questions for those who know copyright better than I.
1) I remember once someone telling me that a professor could use a
personal taped off air copy in the classroom, but only once, if there
was use beyond that a copy would have to be purchased if possible. Is
this correct and if it is correct, where can I find it written to show a
collegue? 2) A professor wants to digitize a large number of feature
films for use in an online course, under Teach Act protection, which is
all fine and good but the professor wants the whole movie. Is this
legal? I thought only portions were allowable. I know that the
professor used the whole movie in his real world class and supposedly
you can transfer that to the virtual class. However, my question is, if
the item is on DVD is it correct that the item can not be made available
for this use due to the safeguards on the disc?
Thanks for the help.

John H. Streepy
Media Assistant III
Library-Media Circulation
Central Washington University Library
400 E. 8th AVE
Ellensburg, WA 98926-7548

(509) 963-2861
http://www.lib.cwu.edu/media
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