Re: [Videolib] TEACH act for streaming

Mark Richie (n2books@frontiernet.net)
Tue, 03 May 2005 12:42:45 -0500

This is a multi-part message in MIME format.
--------------050601040902020506030507
Content-Type: text/plain; charset=us-ascii; format=flowed
Content-Transfer-Encoding: 7bit

Right then. One has to read to read the wording of TEACH
carefully. The act doesn't specify simply a digital format. The act
says that works "produced or marketed primarily for performance or
display as part of mediated instructional activities transmitted via
digital networks," are not part of the performance exemptions in 110(2).
True, a video in DVD format is digital, but it is not a digitally
formatted product that is available for transmission "via digital
networks." To meet that criteria the product would have to be on the
market in a format suitable for use on digital networks (MPEG I) and
would have to come with a license for digital transmission.
If a non-threatrical/educational DVD is copyprotected,
other provisions of 110(2) apply as detailed earlier.

As Jessica points out, it is frequently difficult or
impossible to get digital distribution rights written into a distributor
contract and agreed to by an independent or social issue doc producer.
And that's just fine. It points up the necessity to continue to maintain
a physical media library for many thousands of titles - especially at
the university level. However, for a core collection of educational
productions made to support instruction, obtaining digital transmission
licenses makes a lot of sense and are easily available from most
educational producers. When we started approaching producers about
digital licenses in 1999 we got a lot of "no way" responses.
But we also had a number of producers willing to work with us. A year or
two later, the "no way" companies started calling with digital offers.
It's just an acceptance of change curve . . .

Mark Richie
"An ounce of application is worth a ton of abstraction."

Jessica Rosner wrote:

> I confess that I have been utterly confused by the whole thing but
> much of this has to do with the fact
> that I am luddite with little technical knowledge. In terms of the
> paragraph below I thought the thing
> about digitizing a work for a teaching situation was that you
> could only do it if it were not already available in
> digital format. Wouldn't that eliminate being able to digitize a
> VHS is the film is out on DVD. I honestly have
> no idea
>
> Also for the record I have had to turn down most requests I have
> gotten to either digitize or put on line
> something in our catalogue because in many cases WE DON'T HAVE
> THOSE RIGHTS ourselves. If a University
> asks me to say put a section L'Age D'Or on a web site I can't
> help them as our contract would not permit it and
> most likely the rights holder in Europe could not grant it without
> OUR permission so you can see their
> are a lot of rights complications here
>
> Regards
>
> Jessica
>
>
>
> 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
>
>
>
>
>
>
>
>
>
>
>
>
> Proud Resident of a BLUE STATE
>
> Jessica Rosner
> Kino International
> 333 W 39th St. 503
> NY NY 10018
> jrosner@kino.com
> 212-629-6880

--------------050601040902020506030507
Content-Type: text/html; charset=us-ascii
Content-Transfer-Encoding: 7bit

<!DOCTYPE html PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN">
              Right then.  One has to read to read the wording of TEACH carefully.  The act doesn't specify simply a digital format. The act says that works "produced or marketed primarily for performance or display as part of mediated instructional activities transmitted via digital networks," are not part of the performance exemptions in 110(2).
True, a video in DVD format is digital, but it is not a digitally formatted product that is available for transmission "via digital networks." To meet that criteria the product would have to be on the market in a format suitable for use on digital networks (MPEG I) and would have to come with a license for digital transmission.
                If a non-threatrical/educational DVD is copyprotected, other provisions of 110(2) apply as detailed earlier.
      
               As Jessica points out, it is frequently difficult or impossible to get digital distribution rights written into a distributor contract and agreed to by an independent or social issue doc producer. And that's just fine. It points up the necessity to continue to maintain a physical media library for many thousands of titles - especially at the university level.  However, for a core collection of educational productions made to support instruction, obtaining digital transmission licenses makes a lot of sense and are easily available from most educational producers.  When we started approaching producers about digital licenses in 1999 we got a lot of "no way" responses.
But we also had a number of producers willing to work with us. A year or two later, the "no way" companies started calling with digital offers.  It's just an acceptance of change curve . . .

Mark Richie
"An ounce of application is worth a ton of abstraction."



Jessica Rosner wrote:

Re: [Videolib] TEACH act for streaming
I confess that I have been utterly confused by the whole thing but much of this has to do with the fact
that I am luddite with little technical knowledge. In terms of the paragraph below I thought the thing
about digitizing a work for a teaching situation was that you could only do it  if it were not already available in
digital format. Wouldn’t that eliminate being able to digitize a VHS is the film is out on DVD. I honestly have
no idea

Also for the record I have had to turn down most requests I have gotten to either digitize or put on line
something in our catalogue because in many cases WE DON’T HAVE THOSE RIGHTS ourselves. If a University
asks me to say put  a section L’Age D’Or on  a web site I can’t help them as our contract would not permit it and
most likely the rights holder in Europe could not grant it without OUR permission so you can see their
are a lot of rights complications here

Regards

Jessica



           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



  






Proud Resident of a BLUE STATE
 
Jessica Rosner
Kino International
333 W 39th St. 503
NY NY 10018
jrosner@kino.com
212-629-6880

--------------050601040902020506030507--