RE: [Videolib] Insight Media's policy on digitization and streaming

Mark Kopp (iu8film@iu08.org)
Mon, 13 Feb 2006 09:51:39 -0500

[Our policy as drafted by our legal counsel:]
[Insight Media cannot and does not grant anyone rights to digitize or to
digitally distribute any work under the TEACH Act. A school's right, if
any, to digitize and/or distribute a work arises under the law. It's up
to the school to determine in each case whether the school has any
rights under the TEACH Act with regard to a particular work. That
requires the school to review among other things whether it is an
institution covered by the law, it has the proper procedures in place to
comply with the law, and whether the work is eligible under the law,
taking into account how and with what rights it was obtained. Insight
Media does not give advice on whether a school has rights under the
TEACH Act, which is a decision the school should make in consultation
with legal counsel.]

Ummmmmm.... I've read and re-read the aforementioned post, trying to
understand the implication....

Forgive me if I am less-than-enlightened in this regard, but does
Insight Media intend to trump US Law? How does one exempt themselves
from the LAW? "Our policy as drafted by our legal counsel:"
??????????...that's very interesting... You could possibly, under a
PURCHASE CONTRACT, limit your licensing, but I don't see how you can
exempt yourself from the TEACH Act. After having read the TEACH Act
several times, I do not recall anywhere, where it said "....unless the
company doesn't want ya to..."

Are you making the materials available in a digital format? If so, then
that's a totally different position.

If you are making a digital version, capable of a "digital transmission,
then said educational institution must purchase that format from
you...if not, the TEACH Act exemption provides for it...CONTRARY to "Our
policy as drafted by our legal counsel:"...once again, that's the whole
point of the TEACH Act...they want you to step up to digital
format...not steal your product.

IF said institution meets all said requirements of the TEACH Act, they
are allowed BY LAW, to provide said video materials. THAT'S THE POINT OF
THE TEACH ACT... If you put something "out there", it's eligible for
educational exemption. Besides, why would you NOT WISH to have a school
use your material??? I don't even understand the mindset...you produce
an educational product, but attempt to limit it's educational use!!!??
The TEACH Act provides protections for your rights.

What do YOU see as the difference between the rights for a VHS tape, vs
the rights for a digitized work? If the very same piece of information
can be viewed in perpetuity on a VHS tape, then why not, in some digital
format? What are you seeing, that I am not??? It is merely a shift in
the playback format of the very same materials! My video tape can sit on
my shelf for years, and the same material on that tape is somehow
viewable for years and years, but NOT the very same material in a
digital format??? Is that your claim??

Mark
*****************************************************

-----Original Message-----
From: videolib-bounces@library.berkeley.edu
[mailto:videolib-bounces@library.berkeley.edu] On Behalf Of Elana Joffe
Sent: Sunday, February 12, 2006 7:01 PM
To: videolib@library.berkeley.edu
Subject: [Videolib] Insight Media's policy on digitization and streaming

In the light of the recent discussions on the list, I just wanted to
clarify any confusion that may exist on Insight Media's policy on
granting rights to stream and digitize products purchased from us.

Our policy as drafted by our legal counsel:

Insight Media cannot and does not grant anyone rights to digitize or to
digitally distribute any work under the TEACH Act. A school's right, if
any, to digitize and/or distribute a work arises under the law. It's up
to the school to determine in each case whether the school has any
rights under the TEACH Act with regard to a particular work. That
requires the school to review among other things whether it is an
institution covered by the law, it has the proper procedures in place to
comply with the law, and whether the work is eligible under the law,
taking into account how and with what rights it was obtained. Insight
Media does not give advice on whether a school has rights under the
TEACH Act, which is a decision the school should make in consultation
with legal counsel.

Elana Joffe
Vice President, Acquisitions & Development Insight Media, Inc.
212-721-6316 x103
elana@insight-media.com

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