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

deg farrelly (
Mon, 13 Feb 2006 11:24:35 -0700

I don't see Insight's message as trumping US Law. As I see it, Insight is
making no claims at all.

I read the subtext of the Insight comment to mean:

"We don't own the rights to the materials we sell and thus we cannot extend
rights to you.

While you may have rights under the TEACH Act, we don't affirm or advise on
such actions".

deg farrelly, Associate Librarian
Arizona State University at the West Campus
PO Box 37100 
Phoenix, Arizona  85069-7100
Phone:  602.543.8522

> From: Mark Kopp <>

> Date: Mon, 13 Feb 2006 09:51:39 -0500

> > 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 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 > *****************************************************

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