RE: [Videolib] A copying question

Kevin Smith (kevmsmit@sbcglobal.net)
Tue, 16 Dec 2003 08:53:32 -0800 (PST)

You may want to look at IUPUI's Copyright Management
Center prepared by Dr. Kenneth D. Crews.
http://www.copyright.iupui.edu/index.htm

He has an excellent summary of the TEACH Act.
http://www.copyright.iupui.edu/teach_summary.htm It
seems very unlikely that it would be permissible to
copy an entire work, however, there are provisions for
making digital copies of analog materials in certain
situations. This is from the IUPUI site.

"Converting analog materials to digital formats.
Troublesome to many copyright owners was the prospect
that their analog materials would be converted to
digital formats, and hence made susceptible to easy
downloading and dissemination. Some copyright owners
have held steadfast against permitting digitization in
order to control uses of their copyrighted materials.
The TEACH Act includes a prohibition against the
conversion of materials from analog into digital
formats, except under the following circumstances:

· The amount that may be converted is limited to
the amount of appropriate works that may be performed
or displayed, pursuant to the revised Section 110(2);
and
· A digital version of the work is not “available
to the institution,” or a digital version is
available, but it is secured behind technological
protection measures that prevent its availability for
performing or displaying in the distance-education
program consistent with Section 110(2).

These requirements generally mean that educators must
take two steps before digitizing an analog work.
First, they need to confirm that the exact material
converted to digital format is within the scope of
materials and “portion” limitations permitted under
the new law. Second, educators need to check for
digital versions of the work available from
alternative sources and assess the implications of
access restrictions, if any."

Dr. Crews also emphasizes the fact that in order to
enjoy any of the advantages of the TEACH act,
qualified educational institutions must the law's
rigorous requirements. I hope this helps.

Kevin Smith
MLS Student, IUPUI

-----Original Message-----
From: videolib-bounces@library.berkeley.edu
[mailto:videolib-bounces@library.berkeley.edu] On
Behalf Of John Streepy
Sent: Monday, December 15, 2003 4:43 PM
To: videolib@library.berkeley.edu
Subject: [Videolib] A copying question

Hello all,
sorry to interrupt this holiday season with a
question, but this just
came up.
I have a professor who dutifully booked a bunch of
videos and one film
for her distance ed class. The problem is the 16mm is
not going to
project well for the class, the students here can
watch it fine from the
16mm, but the distance ed kids won't. The dist. ed
tech wants to make a
copy of the film (actually wants to make copies of all
the videos as
well to be placed at the distance ed site, but that I
will not allow) on
to video to use to broadcast to the distance site.
Now as far as I
know, making a copy of a 16mm is verbotten no matter
what, but he says
it is permissible if it is a one time only shot and
the video is
destroyed afterwards. I thought I would put this to
the learned members
of the list, at least the ones that are still around
to read this: Do
you allow the copy to be made for the use of a
distance ed closed
circuit transmission?
Thanks all for your imput.
jhs

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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