Re: [Videolib] TEACH act for streaming

Mark Richie (n2books@frontiernet.net)
Mon, 25 Apr 2005 00:11:10 -0500

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OK - I give up - this is the site I draw my information from -
http://www.utsystem.edu/ogc/intellectualproperty/teachact.htm

It is maintained by the University of Texas System for their
professors. Somehow I think the limited portion of an audio-visual work
allowed for streaming (that they maintain on their page) is tied up in
the difference between a performance and a display. Perhaps someone
would be good enough to email them for a clarification of their wording.

And so it goes . . . MLR

Brewer, Michael wrote:

> 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.copyright.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.edu <mailto: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
>
>
>
> 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
> +++++=================================================+++++++++
>
>
> 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@library.berkeley.edu <mailto:videolib-bounces@library.berkeley.edu> on behalf of Brewer, Michael
>
>Sent: Fri 4/8/2005 8:08 AM
>
>To: videolib@library.berkeley.edu <mailto:videolib@library.berkeley.edu>
>
>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
>
>
>
>
>
>
>
>------------------------------------------------------------------------
>
>
>
>
>_______________________________________________
>
>Videolib mailing list
>
>Videolib@library.berkeley.edu <mailto:Videolib@library.berkeley.edu>
>
>http://www.lib.berkeley.edu/mailman/listinfo/videolib
>
>
>
>
>

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OK - I give up -   this is the site I draw my information from -
http://www.utsystem.edu/ogc/intellectualproperty/teachact.htm

It is maintained by the University of Texas System for their professors.  Somehow I think the limited portion of an audio-visual work allowed for streaming (that they maintain on their page) is tied up in the difference between a performance and a display. Perhaps  someone would be good enough to email them for a clarification of their wording.

And so it goes . . . MLR



Brewer, Michael wrote:

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.copyright.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.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

 

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
+++++=================================================+++++++++


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@library.berkeley.edu on behalf of Brewer, Michael
Sent:    Fri 4/8/2005 8:08 AM
To:      videolib@library.berkeley.edu
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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