Re: [Videolib] A copyright question or two

Jessica Rosner (jrosner@kino.com)
Thu, 31 Jul 2003 16:59:25 -0400

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Ok I really was going to stay out of this HONEST but this is NUTS
Will someone please post the relevent section of this act which would allow
you to digitize A COMPLETE feature film for educational purposes?
I understood very clearly that it was only for NON feature material and that
only clips of feature material could be used.
Frankly I have already had a number of requests from instititions do
digitize some of our films ( which were refused) and IF the TEACH act DID
clearly state this was permissable I doubt they would ask. Frankly it just
makes no sense that the powers that be were going to
let you digitize say a DISNEY cartoon not released on DVD..

Will happily listen to any other information but I would like to see this in
writing

-- 
Jessica Rosner
Kino International
333 W 39th St. 503
NY NY 10018
jrosner@kino.com

From: "Mark W. Kopp" <iu8film@iu08.org> Reply-To: videolib@library.berkeley.edu Date: Thu, 31 Jul 2003 14:45:53 -0400 To: videolib@library.berkeley.edu Subject: RE: [Videolib] A copyright question or two

The TEACH Act does provide, on behalf of the owner of the film's rights, that you can make a digitized copy of a work for educational purposes if it is NOT available in a digitized file format from the said owner.

This interpretation comes from Copyright Attorney Arnold Lutzger. I do not know if he is a "typical" attorney.

********************************************

At 01:43 PM 7/31/03 -0400, you wrote:

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 _______________________________________________ Videolib mailing list Videolib@library.berkeley.edu http://www.lib.berkeley.edu/mailman/listinfo/videolib

_______________________________________________ Videolib mailing list Videolib@library.berkeley.edu http://www.lib.berkeley.edu/mailman/listinfo/videolib **************************************************************************** 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: mailto:iu8film@iu08.org See us on the Web at: http://www.iu08.org Click on; "Instructional Materials Services"

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Re: [Videolib] A copyright question or two Ok I really was going to stay out of this HONEST but this is NUTS
Will someone please post the relevent  section of this act which would= allow
you to digitize A COMPLETE feature film for educational purposes?
I understood very clearly that it was only for NON feature material and tha= t
only clips of feature material could be used.
Frankly I have already had a number of requests from instititions do digiti= ze some of our films ( which were refused) and IF the TEACH act DID clearly = state this was permissable I doubt they would ask. Frankly it just makes no = sense that the powers that be were going to
let you digitize say a DISNEY cartoon not released on DVD..

Will happily listen to any other information but I would like to see this i= n writing

--
Jessica Rosner
Kino International
333 W 39th St. 503
NY NY 10018
jrosner@kino.com


From: "Mark W. Kopp" <iu8film@iu08.org>
Reply-To: videolib@library.berkeley.edu
Date: Thu, 31 Jul 2003 14:45:53 -0400
To: videolib@library.berkeley.edu
Subject: RE: [Videolib] A copyright question or two


The TEACH Act does provide, on behalf of the owner of the film'= s rights, that you can make a digitized copy of a work for educational purpo= ses if it is NOT available in a digitized file format from the said owner. <= BR>
This interpretation comes from Copyright Attorney Arnold Lutzger. I do not = know if he is a "typical" attorney.

********************************************

At 01:43 PM 7/31/03 -0400, you wrote:

Wow. The problem with your situation is that it is not black an= d 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<= BR> available.  The use for educational puposes is then a function of a. f= air
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 sim= ilar
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 i= t
is ok or not, it is a case by case evaluation.

I suggest you ask attorney John Mitchell [John@interactionlaw.com] this is<= BR> 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<= BR> 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<= BR> 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
_______________________________________________
Videolib mailing list
Videolib@library.berkeley.edu
http://www.lib.berkeley.edu/mailman/listinfo/videolib

_______________________________________________
Videolib mailing list
Videolib@library.berkeley.edu
http://www.lib.berkeley.edu/mailman/listinfo/videolib
***********************************************************= *****************
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:
mailto:iu8film@iu08.org
See us on the Web at:
http://www.iu08.org
Click on;   "Instructional Materials Se= rvices"




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