Missed my VRT pals, too.
First, section 110(2)(A), as amended by the bill, emphasizes the concept
of mediated instruction by mandating that the exempted performance or
display be analogous to the type of performance or display that would take
place in a live classroom setting. The performance or display must still
be carried out by a government body or nonprofit educational institution,
and must still be a regular part of the institution's systematic
instructional activities. In addition, the bill requires that the
transmission be made "by or at the direction of an instructor as an
integral part of a class session." In sum, the work must be used as an
integral part of a classroom experience (albeit a virtual one), controlled
by the instructor, rather than as supplemental or background information
to be experienced independently.
> Will you cite the section of the TEACH act that requires access to be
> synchronous? I've read it at least a few times and haven't noticed
> anything I'd interpret as meaning that. To me if that were the case it
> would be so restrictive and technically difficult it's hard to imagine why
> they would have even written the law.
> BTW we missed you at the VRT gala last night.
> Chris Lewis
> Media Librarian/Acting Assistant University Librarian for Information
> American University Library
> "Never write when you can talk. Never talk when you can nod. And never put
> anything in an e-mail." - Eliot Spitzer on Secrets of Success
> -----firstname.lastname@example.org wrote: -----
> To: email@example.com
> From: Gary Handman
> Sent by: firstname.lastname@example.org
> Date: 06/25/2007 03:44PM
> Subject: Re: [Videolib] Cdigix response to Videolib thread - "Streaming
> Videos from the Collection"
> Thanks, Mark
> I would like to clarify a few things regarding your comments.
> First and foremost, the The TEACH act ONLY supports synchronous
> distance learning, NOT on-demand access to digital files outside of
> regular class time. The Act calls this " mediated instructional
> activities ," and the intent is to support works an instructor would
> show or play during class .
> Secondly: the TEACH Act does not allow the transmission of WHOLE
> dramatic works--i.e. most Hollywood films (or works of international
> cinema). Under provisions of the ACT only " reasonable and limited
> portions " of such works are allowed.
> Again, both the above stipulations pretty much knock VOD out of the water
> and prohibit the transmission of whole dramatic works. DRM protections
> really don't do anything to mitigate these restrictions. It seems to me
> that while TEACH may support limited screening of whole
> educational/non-dramatic works or portions of dramatic works in the
> service of synchronous classroom instruction (proximate or distance),
> ANY VOD transmission would still require specific licenses from the
> rights owner.
> Gary Handman
> At 11:51 AM 6/25/2007, you wrote:
> On behalf of Cdigix I would like to respond to this discussion thread
> and clarify a few things about our C-Labs solution and how we are
> communicating the value proposition, as well as the copyright / Teach
> Act aspects.
> C-Labs is a turn-key service that enables institutions to easily manage
> and digitally deliver rich media, using industry standard browsers,
> operating systems and video players. The solution includes our
> administrative software, encoding and digitization services, on campus
> cache servers for media and ongoing operational support.
> C-Labs is being used for all types of content, including school-owned,
> professor owned, licensed and purchased content. If used for licensed or
> purchased content, C-Labs is fully compliant with the technical
> requirements of the Teach Act. First, for secure delivery, we wrap/encode
> every copyrighted video or audio file with DRM, Digital Rights
> Management, the standard embraced by MPAA and RIAA member companies, and
> utilized by the leading media players available on Macs and PC's; Real
> Player and Windows Media Player. Second, secure digital audio and video
> content is only available for specific courses which utilize that content
> as part of the course, and only to registered / enrolled students in
> those courses, for a specified time period and authenticated by the
> institution - either through their course management system or their
> network/SIS system.
> As it relates to specific audio and video files that an institution uses,
> we consistently advise institutions to follow their internal legal
> policies and guidelines for use of copyrighted materials. We fully
> understand that educational content providers have copyright protection
> under The Teach Act and may have specific usage rights for digital
> delivery. Our system respects these rights and we ask that our university
> partners respect them as well.
> Lastly, it is our belief that institutions would prefer to have one
> digital media management and delivery system vs. having to purchase,
> manage and attempt to integrate digital delivery systems for each content
> publisher; just as institutions typically only support (or prefer to
> support) one course management system, one student information system,
> etc. We are happy to work with content publishers on an agreed licensing
> basis to enable them to utilize C-Labs as distribution system for their
> Mark Brodsky
> Vice President, University Sales
> Office: 303 470-0128
> Fax: 303 470-0372
> Cell: 303 396-9161
> Visit Cdigix in Booth # 4246 at the '07 ALA Annual Conference
> Gary Handman
> Media Resources Center
> Moffitt Library
> UC Berkeley
> "In societies where modern conditions of production prevail, all of life
> presents itself as an immense accumulation of spectacles."
> --Guy Debord
> VIDEOLIB is intended to encourage the broad and lively discussion of
> issues relating to the selection, evaluation, acquisition,bibliographic
> control, preservation, and use of current and evolving video formats in
> libraries and related institutions. It is hoped that the list will serve
> as an effective working tool for video librarians, as well as a channel of
> communication between libraries,educational institutions, and video
> producers and distributors.
Media Resources Center
"In societies where modern conditions of production prevail, all of life
presents itself as an immense accumulation of spectacles."
VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors.