[Videolib] media collection and electronic reserves

Brewer, Michael (brewerm@u.library.arizona.edu)
Mon, 23 Aug 2004 14:23:26 -0700

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Though you certainly cannot use an entire film, I think what Gary is
suggesting is a very narrow reading of the TEACH act. Here is what I have
cobbled together for my faculty from what I (and others) have understood it
to allow. I'd be interested in hearing what others think.


mb


backgroundTEACH Act Background

* The TEACH act provides
exemptions to [U.S.] copyright for distance education similar to the
exemptions already in place for in-class instruction.

* TEACH is valid only in the
United States. Other countries may or may not have similar laws.

* TEACH does not change Fair
Use, nor does it in any way further limit current U.S. copyright law. Though
it may not be as broad as educators would like, it does give us more options
than we had previously concerning digital media.


parametersTEACH Act Parameters

There are 4 basic categories of conditions that have to be met for the
TEACH act exemptions to apply: Institutional, Technological, Instructional
and Categories of Works

Institutional

* The
institution must be an accredited, non-profit educational institution. It
must have explicit copyright policies and inform its faculty and students of
copyright law and of copyrighted materials.

Technological

1. Access must be limited to officially enrolled students (through
password or some form of authentication).

2. Measures to reasonably prevent the retention of work in accessible
form by the recipients must be applied.

3. Institutions must prevent recipients from having access to the
material for longer than the class session [the amount of time they are
logged in to the institution's server], and must also prevent the
unauthorized dissemination of the work by recipients to others.

4. Converting Analog to Digital: The institution may convert from
analog to digital the portion allowed under 110(2)
<http://www.copyright.gov/title17/92chap1.html#110> if:

1. No digital version of the work is available to the institution, or

2. The digital version has anti-piracy controls on it.*

*Though it clearly restricts fair use (among other exemptions), it currently
remains illegal to circumvent anti-piracy controls, even if the work is
available only in digital form and is protected by anti-piracy software. The
<http://www.copyright.gov/1201/> Librarian of Congress has indicated when
such software may legally be circumvented. Hopefully in the future his list
of approved reasons for circumventing this software will be expanded to
include the above circumstances.

Instructional

What? - The amount of the work displayed must correspond with what might be
shown in a classroom setting.

When?

1. By, at the direction of, or under the actual supervision* of the
instructor;

2. As an integral part of a class session*;

3. As part of systematic mediated instructional activities*; or

4. Directly related and of material assistance to the teaching
content.


definitions*Definitions

* Actual Supervision does not
mean that real time supervision or prior approval is necessary. A student or
TA could post such material.

* Class Session: as long as a
student is logged on to the institution's server. This may vary from student
to student or course to course. Materials may remain on the server for the
duration of use in one or more courses and may be accessed by a student each
time the student logs on.

* Mediated Instructional
Activities: integrated part of class experience; under control or actual
supervision of instructor; analogous to the kinds of displays or
performances that would happen in a live classroom setting.


categoriesCategories of Works

1. 1. Works that were produced primarily for performance or display as
part of mediated instructional activities transmitted via digital networks
may not be used.

2. 2. Unlawful copies may not be used.


exceptionsEXCEPTIONS: Where the TEACH Act does not apply, Fair Use may still
apply. Check with your local copyright librarian for details.



Michael Brewer

German & Slavic Studies and Media Arts Librarian

University of Arizona Library, A210

1510 E. University

P.O. Box 210055

Tucson, AZ 85721-0055

Fax 520.621.9733

Voice 520.621.9919

brewerm@u.library.arizona.edu


-----Original Message-----
From: Gary Handman [mailto:ghandman@library.berkeley.edu]
Sent: Monday, August 23, 2004 9:38 AM
To: videolib@library.berkeley.edu
Subject: Re: [Videolib] media collection and electronic reserves


The Teach Act allows digital transmission of video in the course of
SYNCHRONOUS (i.e. face-to-face) teaching of distance ed courses...not the
type of use you're contemplating. Reserve use of copyrighted video most
certainly requires securing permissions and/or licenses.

gary handman

At 12:01 PM 8/23/2004 -0400, you wrote:

An instructor at our college has suggested that the film and video titles in
our collection be put online for viewing by students, as part of an
electronic reserve system.
He is invoking the TEACH Act, but it seems to me that entire works should
not be entered into electronic reserves. What is everyone else doing? Have
you had requests like this? Thanks for any feedback!

_______________________________________________
Videolib mailing list
Videolib@library.berkeley.edu
http://www.lib.berkeley.edu/mailman/listinfo/videolib
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Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley
ghandman@library.berkeley.edu
http://www.lib.berkeley.edu/MRC <http://www.lib.berkeley.edu/MRC>

****

"Movies are poems, a holy bible, the great mother of us."
--Ted Berrigan

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