Video available for "networked distribution" is generally an
MPEG I file created specifically by a producer for use with digital
video library distribution systems like iDVS and others. We purchased
hundreds of them and put them on our digital video servers through a
separate license agreement. This particular paragraph in 110(2) is
interesting because it can be enforced by any educational or
non-theatrical video producer/distributer simply by adding a note in the
order section of either a paper catalog or web site that "All XYZ Media
productions are Available for Networked Video Distribution." Instantly
it renders all of the non-networked version titles (VHS and DVD)
unavailable for inhouse conversion to digital for distribution over a
network under cover of TEACH.
Now, the company doesn't have to have a stack of MPEG I
disks ready for every title in their catalog, they just have to make it
known that such a product is available.
The "copyprotected copy" provision of TEACH is also
interesting. Let's say a professor has a legitimate request to use a 9
minute portion of a specific feature film in a teaching situation that
would qualify under TEACH. But the college library has the title only
on a copy protected DVD. Circumventing the copy protection to make the
9 minute clip available on the network is illegal. BUT ! If the college
can locate a legal VHS copy without copyprotection, then they can make a
digital copy of the 9 minutes required and put it up on the server for
the professor and his/her students. It makes a good case for retaining
all the VHS copies of titles now being replaced with DVD. (see the U.
Texas copyright site on this on too.)
The way TEACH and the rewrite of 110(2) is constructed it plays to
the occasional need to use sound and motion media in networked/distance
teaching environment. What hasn't evolved out of the discussion on the
List is the state of digital distribution systems and the process of
building digital video libraries that professors can access for class
use and students can access from dorm or home.
Mark Richie
Professional Has Been
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