RE: [Videolib] TEACH act for streaming

Brewer, Michael (brewerm@u.library.arizona.edu)
Fri, 22 Apr 2005 16:39:21 -0700

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All,=20

=20

I erred (as I mentioned before) about streaming to classrooms. Though
this is being done by some who claim Fair Use (not me! But by others
who will remain unnamed), I don't think that it is widely accepted.=20

=20

No one did respond to the below email, however, about streaming entire
films using TEACH as an exemption. I would be interested to hear if
others read the law the same way I do (as allowing it in certain
situtations).=20

=20

Here is my former message:

=20

---------------------------------

=20

Jessica,=20

=20

Here is the text [from TEACH]: (from:
http://www.copyright.gov/title17/92chap1.html#110 ). =20

=20

(2) except with respect to a work produced or marketed primarily for
performance or display as part of mediated instructional activities
transmitted via digital networks, or a performance or display that is
given by means of a copy or phonorecord that is not lawfully made and
acquired under this title, and the transmitting government body or
accredited nonprofit educational institution knew or had reason to
believe was not lawfully made and acquired, 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 -=20

=20

The place where I see most websites err in reference to this document
(in my understanding) is that they do not note all the ORs. I have been
in multiple classes in which an entire film (or more than one film) were
shown. The above does not seem to exclude that, as it states that an
"amount comparable to that which is typically displayed in the course of
a live classroom session" is ok for TEACH. It does not qualify this
statement with the former (i.e. it does not say that you can show an
amount comparable to that with is typically shown in class IF it is a
limited portion. It allows for reasonable and limited portions of works
OR amounts shown in a class). This may be splitting hairs, but I think
it is an important distinction, if in fact this is what is meant here.
I can't say with absolute certainty that it is, but it sure seems like
it.=20

=20

mb

=20

=20

Michael Brewer

Slavic Studies, German Studies & Media Arts Librarian

University of Arizona Library A210

1510 E. University

P.O. Box 210055

Tucson, AZ 85721

Voice: 520.307.2771

Fax: 520.621.9733

brewerm@u.library.arizona.edu

-----Original Message-----
From: videolib-bounces@library.berkeley.edu
[mailto:videolib-bounces@library.berkeley.edu] On Behalf Of Mark Richie
Sent: Friday, April 22, 2005 3:35 PM
To: videolib@library.berkeley.edu
Subject: Re: [Videolib] TEACH act for streaming

=20

Kudos Deg -=20
Dealing with the definition of "distance" within TEACH is minimal
compared to other limitations - to whit: TEACH only allows streaming (or
downloading) of portions of a video and only portions of videos that are
not copy protected on the open market. (eg: if the video in question is
available on the physical market only in a copy protected form, the
permissive provisions of the act do not apply.)
The act also prohibits the collection of clips in an
archive for repeated downloading (as in: an on-line digital video
library). To create a cataloged and accessible digital video library
TEACH leave no alternative but to get digital distribution rights from
producers - easy enough for curriculum driven productions - near
impossible for entertainment, classic films et al.

M. L. Richie
=20
"One must be so careful about what one says in a free
country," Dick Cavett
+++++=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D+++++++++

Deg Farrelly wrote:

Sorry....
=20
TEACH Act covers DISTANCE ed, not digitization to campus classrooms.
=20
Can you cite references that indicate it covers streaming to classrooms?
=20
deg farrelly
Arizona State University at the West Campus
Phoenix, Arizona
=20
=20
=20
=20
-----Original Message-----
From: videolib-bounces@library.berkeley.edu on behalf of Brewer,
Michael
Sent: Fri 4/8/2005 8:08 AM
To: videolib@library.berkeley.edu
Cc: =20
Subject: RE: [Videolib] lending video and film
Why are you having to worry about licensing? Streaming into the
classroom is covered by the TEACH act (in my opinion, and in the opinion
of nearly all others I have read). We are looking into this technology,
but I doubt we will move on it in the near future (on a large scale),
though our library dean is interested in the idea.=20
=20
mb
=20
Michael Brewer
=20
=20

_____ =20

=20
_______________________________________________
Videolib mailing list
Videolib@library.berkeley.edu
http://www.lib.berkeley.edu/mailman/listinfo/videolib
=20

=20

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All,

 

I erred (as I mentioned before) = about streaming to classrooms.  Though this is being done by some =  who claim Fair Use (not me! But by others who will remain unnamed), I = don’t think that it is widely accepted.

 

No one did respond to the below = email, however, about streaming entire films using TEACH as an exemption. =  I would be interested to hear if others read the law the same way I do (as allowing it in certain situtations).

 

Here is my former = message:

 

---------------------------------

 

Jessica,

 

Here is the text [from TEACH]: (from: http://www.cop= yright.gov/title17/92chap1.html#110 ). 

 

(2) except with respect to a work produced or marketed primarily for = performance or display as part of mediated instructional activities transmitted via = digital networks, or a performance or display that is given by means of a copy = or phonorecord that is not lawfully made and acquired under this title, and = the transmitting government body or accredited nonprofit educational = institution knew or had reason to believe was not lawfully made and acquired, 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 —

 

The place where I see most websites err in reference to this document (in my understanding) is that they do not note all the ORs.  I have been = in multiple classes in which an entire film (or more than one film) were shown.  The above does not seem to exclude that, as it states that = an "amount comparable to that which is typically displayed in the course of a live classroom session" is ok for TEACH.  It does not qualify this statement with the former (i.e. it does not say that you can show an = amount comparable to that with is typically shown in class IF it is a limited = portion. It allows for reasonable and limited portions of works OR amounts shown = in a class).  This may be splitting hairs, but I think it is an = important distinction, if in fact this is what is meant here.  I can't say = with absolute certainty that it is, but it sure seems like it. =

 

mb

 

 

Michael Brewer

Slavic Studies, German Studies & Media Arts Librarian

University of Arizona Library = A210

1510 E. University

P.O. Box 210055

Tucson, AZ 85721

Voice: 520.307.2771

Fax: 520.621.9733

brewerm@u.library.arizona.e= du

-----Origi= nal Message-----
From: videolib-bounces@library.berkeley.edu [mailto:videolib-bounces@library.berkeley.edu] On Behalf Of Mark Richie
Sent: Friday, April 22, = 2005 3:35 PM
To: = videolib@library.berkeley.edu
Subject: Re: [Videolib] = TEACH act for streaming

 

Kudos Deg - =
Dealing with the definition of "distance" within TEACH is = minimal compared to other limitations - to whit: TEACH only allows streaming (or downloading) of portions of a video and only portions of videos that are = not copy protected on the open market. (eg: if the video in question is = available on the physical market only in a copy protected form, the permissive = provisions of the act do not apply.)
             The act also prohibits = the collection of clips in an archive for repeated downloading (as in:  = an on-line digital video library). To create a cataloged and accessible = digital video library TEACH leave no alternative but to get digital distribution = rights from producers - easy enough for curriculum driven productions - near impossible for entertainment, classic films et al.

         M. L. Richie
   
           "One = must be so careful about what one says in a free country,"  Dick = Cavett
+++++=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D= =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D= =3D+++++++++


Deg Farrelly wrote:

Sorry....
 
TEACH Act covers DISTANCE ed, not =
digitization to campus classrooms.
 
Can you cite references that indicate it =
covers streaming to classrooms?
 
deg farrelly
Arizona State University at the West =
Campus
Phoenix, Arizona
 
 
 
 
-----Original =
Message-----
From:    videolib-bounces@li=
brary.berkeley.edu on behalf of Brewer, =
Michael
Sent:    Fri 4/8/2005 8:08 =
AM
To:      videolib@library.berkeley.e=
du
Cc:      =
Subject: RE: [Videolib] lending video and =
film
Why are you having to worry about =
licensing?  Streaming into the classroom is covered by the TEACH =
act (in my opinion, and in the opinion of nearly all others I have =
read).  We are looking into this technology, but I doubt we will =
move on it in the near future (on a large scale), though our library =
dean is interested in the idea. 
 
mb
 
Michael Brewer
  
 



 
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Videolib mailing list
Videolib@library.berkeley.e=
du
http://www=
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