Re: [Videolib] TEACH act for streaming

 (clarkjc@jmu.edu)
Mon, 25 Apr 2005 13:38:26 -0400

Yipes... we need to go over this stuff again. It's the
principle of eternal return, perhaps...

I'm in the "reasonable portion" camp for the use of motion
pix/videorecordings/av programs/whathaveyouthat'slikeit.

At one time in the past (and I can't locate the message I
thought I'd saved), I pointed out the interpretive
distinction in the section that Michael Brewer quotes below.
In the Senate Report that accompanied the TEACH bill (you can
find this at the teachtoolkit site at North Carolina State),
it made clear that movies fall into performance, not display.
And by construction of the section Mike quotes, you can see
that what's typically shown in class is a clause connected
ONLY to display. Movies can be displayed if it's a frame at a
time (and NOT in sequence, smart aleck!)... but they are
otherwise performed.

But we don't have to rely on a dangling Senate report only.
Look at the top of Title 17, chap. 1, sec. 101. The
definitions there make it clear:

===============
To “display” a work means to show a copy of it, either
directly or by means of a film, slide, television image, or
any other device or process or, in the case of a motion
picture or other audiovisual work, to show individual images
nonsequentially.
===============
To “perform” a work means to recite, render, play, dance, or
act it, either directly or by means of any device or process
or, in the case of a motion picture or other audiovisual
work, to show its images in any sequence or to make the
sounds accompanying it audible.
===============

Whenever either "perform" or "display" are used in copyright
law, they need to be understood in these terms. The
construction of sec. 110(2) therefore DOES NOT support
digitally networked distribution, by
streaming/download/whatever, of movies/videos/whathaveyou.
PERIOD.

Okay. Going off now to take my medication... ;) Jeff

---- Original message ----
>Date: Mon, 25 Apr 2005 00:11:10 -0500
>From: Mark Richie <n2books@frontiernet.net>
>Subject: Re: [Videolib] TEACH act for streaming
>To: videolib@library.berkeley.edu
>
> 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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>
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>
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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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