Re: [Videolib] A copyright question or two

clarkjc@jmu.edu
Mon, 4 Aug 2003 13:28:52 -0400

John,

Here's a followup to Mark Richie's note below on the off-air
guidelines, and one on the TEACH Act and digitization issue.

1. You can find the "GUIDELINES FOR OFF-AIR RECORDING
OF BROADCAST PROGRAMMING FOR EDUCATIONAL PURPOSES" at:
http://www.skidmore.edu/~hconard/Kastenmeier.html or
http://www.lib.jmu.edu/media/OffAirGuidelines.htm (among
other places--but these have the unmodified text of the
guidelines).

2. TEACH: I don't see how this legislation authorizes the
digitization of complete movies or other programs. The
relevant section on TEACH (from the Justice Dept. bill it was
passed in) reads:
"SEC. 13301. EDUCATIONAL USE COPYRIGHT EXEMPTION.
(b) Exemption of Certain Performances and Displays for
Educational Uses.--Section 110 of title 17, United States
Code, is amended-- … [to allow] the performance of a
nondramatic literary or musical work or reasonable and
limited portions of any other work, or display of a work in
an amount comparable to that which is typically displayed in
the course of a live classroom session, by or in the course
of a transmission, if..." And then other qualifiers of
eligibility follow, which aren't at issue here.
But this is the important section. One has to read
carefully, I think, noting punctuation.
Movies are one of those "other works". The clause they're
in references "reasonable and limited portions". Where I come
from, nobody uses the word "portion" if what's meant is the
whole thing. As for the followup clause regarding display in
an amount comparable to that which is typically displayed in
a live classroom session--well, this doesn't apply to the
first clause at all. It applies to works conducive to
display, not performance--e.g., photos, sculpture, painting
or even book pages. But it doesn't allow a more generous
reading of what you can do with movies, documentaries or
other AV works after you've just been advised (in the
previous clause) about reasonable portions. No go, as far as
I'm concerned.
Having said this, it doesn't mean you can't justify the
whole thing if you want to construct your case. But it has to
be done on the basis of the fair use section--not TEACH.

Anyone wanna argue with me? I'd love to be enlightened
regarding my lit'ry interpetive skills. ;)

Jeff

---- Original message ----
>Date: Thu, 31 Jul 2003 15:03:52 -0400
>From: Media2 <media2@bellatlantic.net>
>Subject: Re: [Videolib] A copyright question or two
>To: videolib@library.berkeley.edu
>
>
>
>John Streepy wrote:
>
>>snip<
> 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?
>
>>>> You win the copyright memory test! The Off Air Video
Tape Guidelines (aka. the Katsenmeyer (sp) Guidelines, aka.
10/45 day rule) Does allow for the use of a video taped off-
air by an educator at home to be used in class for the
purpose of Face to Face instruction, BUT the 10/45 portion
still applies. When was the original AIR DATE of the
broadcast? Because the 10 days (defined in the Guidelines as
actual school days, not calander days)starts from the date
the copy was made.
>
>So, if the professor made the tape a year ago, or last
month, all bets are off. The copy is still good for home use
as a personal copy under Sony vs. Betamax, but not for
classroom use.
>
>Others on the list can probably more quickly cite sites
where this is in writing. The Off air taping guidelines are
available from the LOC copyright web site. The University of
Texas has an excellent copyright site for the benefit of
their instructors as well.
>
> 2) as to question 2 . . . . haven't a clue.
>
>Good luck,
>
>Mark Richie
>
>
>"The level of support for educational technology tends
> to be inversely proportional to the complexity of the
technology."
> Leeds 4th Law of Educational
Technology
>
>
>
>
>
>
>
>
>>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
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===========
Jeff Clark
Director
Media Resources MSC 1701
James Madison University
Harrisonburg VA 22807
clarkjc@jmu.edu (email)
540-568-6770 (phone)
540-568-7037 (fax)

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