Re: [Videolib] Cdigix response to Videolib thread - "Streaming Videos

Christopher Lewis (clewis@american.edu)
Mon, 25 Jun 2007 23:20:15 -0400

<div>I've read that text and since there is no literal use of the word "syn=
chronous" I still don't think it's implied. Since many distant ed courses a=
re carried out asynchronously a "class session" could last a period of days=
. All that seems to be covered here is that a video that would normally be =
used in a classroom is permissable to be used for distance ed.<br><br><br><=
div>Chris&nbsp;Lewis<br>Media&nbsp;Librarian/Acting&nbsp;Assistant&nbsp;Uni=
versity&nbsp;Librarian&nbsp;for&nbsp;Information&nbsp;Services<br>American&=
nbsp;University&nbsp;Library<br>202.885.3257<br><br>"Never&nbsp;write&nbsp;=
when&nbsp;you&nbsp;can&nbsp;talk.&nbsp;Never&nbsp;talk&nbsp;when&nbsp;you&n=
bsp;can&nbsp;nod.&nbsp;And&nbsp;never&nbsp;put&nbsp;anything&nbsp;in&nbsp;a=
n&nbsp;e-mail."&nbsp;&nbsp;&nbsp;-&nbsp;Eliot&nbsp;Spitzer&nbsp;on&nbsp;Sec=
rets&nbsp;of&nbsp;Success<br><div><br></div><font color=3D"#990099">-----ow=
ner-videolib@lists.berkeley.edu wrote: -----<br><br></font><blockquote styl=
e=3D"border-left: 2px solid rgb(0, 0, 0); padding-right: 0px; padding-left:=
5px; margin-left: 5px; margin-right: 0px;">To: videolib@lists.berkeley.edu=
<br>From: ghandman@library.berkeley.edu<br>Sent by: owner-videolib@lists.be=
rkeley.edu<br>Date: 06/25/2007 03:50PM<br>cc: videolib@lists.berkeley.edu<b=
r>Subject: Re: [Videolib] Cdigix response to Videolib thread - "Streaming =
Videos from the Collection"<br><br><font face=3D"monospace" size=3D"3"=
>Hi Chris<br><br>Missed my VRT pals, too.<br><br>Re TEACH:<br><br>First, se=
ction 110(2)(A), as amended by the bill, emphasizes the concept<br>of media=
ted instruction by mandating that the exempted performance or<br>display be=
analogous to the type of performance or display that would take<br>place i=
n a live classroom setting. The performance or display must still<br>be car=
ried out by a government body or nonprofit educational institution,<br>and =
must still be a regular part of the institution's systematic<br>instruction=
al activities. In addition, the bill requires that the<br>transmission be m=
ade "by or at the direction of an instructor as an<br>integral part of a cl=
ass session." In sum, the work must be used as an<br>integral part of a cla=
ssroom experience (albeit a virtual one), controlled<br>by the instructor, =
rather than as supplemental or background information<br>to be experienced =
independently.<br><br>See <a href=3D"http://www.copyright.gov/docs/regstat0=
31301.html">http://www.copyright.gov/docs/regstat031301.html</a><br><br><br=
><br>&gt; Gary,<br>&gt;<br>&gt; Will you cite the section of the TEACH act =
that requires access to be<br>&gt; synchronous? I've read it at least a few=
times and haven't noticed<br>&gt; anything I'd interpret as meaning that. =
To me if that were the case it<br>&gt; would be so restrictive and technica=
lly difficult it's hard to imagine why<br>&gt; they would have even written=
the law.<br>&gt;<br>&gt; BTW we missed you at the VRT gala last night.<br>=
&gt;<br>&gt; Chris Lewis<br>&gt; Media Librarian/Acting Assistant Universit=
y Librarian for Information<br>&gt; Services<br>&gt; American University Li=
brary<br>&gt; 202.885.3257<br>&gt;<br>&gt; "Never write when you can talk. =
Never talk when you can nod. And never put<br>&gt; anything in an e-mail." =
&nbsp; - Eliot Spitzer on Secrets of Success<br>&gt;<br>&gt; -----owner-vid=
eolib@lists.berkeley.edu wrote: -----<br>&gt;<br>&gt; To: videolib@lists.be=
rkeley.edu<br>&gt; From: Gary Handman<br>&gt; Sent by: owner-videolib@lists=
.berkeley.edu<br>&gt; Date: 06/25/2007 03:44PM<br>&gt; Subject: Re: [Videol=
ib] Cdigix response to Videolib thread - "Streaming<br>&gt; Videos from the=
Collection"<br>&gt;<br>&gt; &nbsp; Thanks, Mark<br>&gt;<br>&gt; &nbsp;I wo=
uld like to clarify a few things regarding your comments.<br>&gt;<br>&gt; &=
nbsp;First and foremost, the The TEACH act ONLY supports &nbsp;synchronous<=
br>&gt; distance learning, NOT on-demand access to digital files outside of=
<br>&gt; regular class time. &nbsp;The Act calls this " mediated instructio=
nal<br>&gt; activities ," and the intent is to support &nbsp;works an instr=
uctor would<br>&gt; show or play during class .<br>&gt;<br>&gt; &nbsp;Secon=
dly: &nbsp;the TEACH Act does not allow the transmission of WHOLE<br>&gt; d=
ramatic works--i.e. most Hollywood films (or works of international<br>&gt;=
cinema). &nbsp;Under provisions of the ACT &nbsp; only " reasonable and li=
mited<br>&gt; portions " of such works are allowed.<br>&gt;<br>&gt; &nbsp;A=
gain, both the above stipulations pretty much knock VOD out of the water<br=
>&gt; and prohibit the transmission of whole dramatic works. &nbsp;DRM prot=
ections<br>&gt; really don't do anything to mitigate these restrictions. &n=
bsp;It seems to me<br>&gt; that while TEACH may support limited screening o=
f whole<br>&gt; educational/non-dramatic works or portions of dramatic work=
s in the<br>&gt; service of synchronous classroom instruction (proximate or=
distance),<br>&gt; ANY VOD transmission would still require specific licen=
ses from the<br>&gt; rights owner.<br>&gt;<br>&gt; &nbsp;Gary Handman<br>&g=
t;<br>&gt;<br>&gt; &nbsp;At 11:51 AM 6/25/2007, you wrote:<br>&gt; &nbsp; O=
n behalf of Cdigix I would like to respond to this discussion thread<br>&gt=
; and clarify a few things about our C-Labs solution and how we are<br>&gt;=
communicating the value proposition, as well as the copyright / Teach<br>&=
gt; Act aspects.<br>&gt;<br>&gt; &nbsp;C-Labs is a turn-key service that en=
ables institutions to easily manage<br>&gt; and digitally deliver rich medi=
a, using industry standard browsers,<br>&gt; operating systems and video pl=
ayers. The solution includes our<br>&gt; administrative software, encoding =
and digitization services, on campus<br>&gt; cache servers for media and on=
going operational support.<br>&gt;<br>&gt; &nbsp;C-Labs is being used for a=
ll types of content, including school-owned,<br>&gt; professor owned, licen=
sed and purchased content. If used for licensed or<br>&gt; purchased conten=
t, C-Labs is fully compliant with the technical<br>&gt; requirements of the=
Teach Act. First, for secure delivery, we wrap/encode<br>&gt; every copyri=
ghted video or audio file with DRM, Digital Rights<br>&gt; Management, the =
standard embraced by MPAA and RIAA member companies, and<br>&gt; utilized b=
y the leading media players available on Macs and PC's; Real<br>&gt; Player=
and Windows Media Player. Second, secure digital audio and video<br>&gt; c=
ontent is only available for specific courses which utilize that content<br=
>&gt; as part of the course, and only to registered / enrolled students in<=
br>&gt; those courses, for a specified time period and authenticated by the=
<br>&gt; institution - either through their course management system or the=
ir<br>&gt; network/SIS system.<br>&gt;<br>&gt; &nbsp;As it relates to speci=
fic audio and video files that an institution uses,<br>&gt; we consistently=
advise institutions to follow their internal legal<br>&gt; policies and gu=
idelines for use of copyrighted materials. We fully<br>&gt; understand that=
educational content providers have copyright protection<br>&gt; under The =
Teach Act and may have specific usage rights for digital<br>&gt; delivery. =
Our system respects these rights and we ask that our university<br>&gt; par=
tners respect them as well.<br>&gt;<br>&gt; &nbsp;Lastly, it is our belief =
that institutions would prefer to have one<br>&gt; digital media management=
and delivery system vs. having to purchase,<br>&gt; manage and attempt to =
integrate digital delivery systems for each content<br>&gt; publisher; just=
as institutions typically only support (or prefer to<br>&gt; support) one =
course management system, one student information system,<br>&gt; etc. We a=
re happy to work with content publishers on an agreed licensing<br>&gt; bas=
is to enable them to utilize C-Labs as distribution system for their<br>&gt=
; customers.<br>&gt;<br>&gt;<br>&gt; &nbsp;Mark Brodsky<br>&gt; &nbsp;Vice =
President, University Sales<br>&gt; &nbsp;Cdigix<br>&gt; &nbsp;Office: &nbs=
p;303 470-0128<br>&gt; &nbsp;Fax: &nbsp;303 470-0372<br>&gt; &nbsp;Cell: &n=
bsp;303 396-9161<br>&gt;<br>&gt; &nbsp;mbrodsky@cdigix.com<br>&gt; &nbsp;ww=
w.cdigix.com<br>&gt;<br>&gt;<br>&gt;<br>&gt;<br>&gt; &nbsp;Visit Cdigix in =
Booth # 4246 at the '07 ALA Annual Conference<br>&gt;<br>&gt;<br>&gt;<br>&g=
t;<br>&gt;<br>&gt;<br>&gt; &nbsp;Gary Handman<br>&gt; &nbsp;Director<br>&gt=
; &nbsp;Media Resources Center<br>&gt; &nbsp;Moffitt Library<br>&gt; &nbsp;=
UC Berkeley<br>&gt; &nbsp;ghandman@library.berkeley.edu<br>&gt; &nbsp; <a h=
ref=3D"http://www.lib.berkeley.edu/MRC">http://www.lib.berkeley.edu/MRC</a>=
<br>&gt;<br>&gt; &nbsp;"In societies where modern conditions of production =
prevail, all of life<br>&gt; presents itself as an immense accumulation of =
spectacles."<br>&gt;<br>&gt; &nbsp;--Guy Debord<br>&gt;<br>&gt; VIDEOLIB is=
intended to encourage the broad and lively discussion of<br>&gt; issues re=
lating to the selection, evaluation, acquisition,bibliographic<br>&gt; cont=
rol, preservation, and use of current and evolving video formats in<br>&gt;=
libraries and related institutions. It is hoped that the list will serve<b=
r>&gt; as an effective working tool for video librarians, as well as a chan=
nel of<br>&gt; communication between libraries,educational institutions, an=
d video<br>&gt; producers and distributors.<br><br><br>Gary Handman<br>Dire=
ctor<br>Media Resources Center<br>Moffitt Library<br>UC Berkeley<br><br>510=
-643-8566<br>ghandman@library.berkeley.edu<br><a href=3D"http://www.lib.ber=
keley.edu/MRC">http://www.lib.berkeley.edu/MRC</a><br><br>"In societies whe=
re modern conditions of production prevail, all of life<br>presents itself =
as an immense accumulation of spectacles."<br>--Guy Debord<br><br><br>VIDEO=
LIB is intended to encourage the broad and lively discussion of issues rela=
ting to the selection, evaluation, acquisition,bibliographic control, prese=
rvation, and use of current and evolving video formats in libraries and rel=
ated institutions. It is hoped that the list will serve as an effective wor=
king tool for video librarians, as well as a channel of communication betwe=
en libraries,educational institutions, and video producers and distributors=
.<br></font>
</blockquote><br></div></div>=
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.