Re: [Videolib] Videolib] Cdigix response to Videolib thread -

ghandman@library.berkeley.edu
Tue, 26 Jun 2007 10:26:38 -0700 (PDT)

No..."mediated" as it was intended in this particular act means (I
believe) use in the context of face-to-face instruction...not on-demand,
later on, out side and over there. But interpret as you will...

gary

> Synchronous instructional activities versus asynchronous instructional
> activities..are not both "mediated instructional activities"?
>
>
>
> Regardless, just because a video can be used in a traditional or
> face-to-face classroom does NOT automatically mean it can be digitally
> encoded and delivered for distance learning (e.g. streamed delivery within
> a
> CMS) without permission of the copyright owner. Audiovisual works that
> are
> produced and marketed primarily for "performance or display as part of
> mediated instructional activities transmitted via digital networks" -- and
> any and all portions from said works -- are excluded from the scope of the
> TEACH Act.
>
>
>
> Cameron Cox
>
> Vice President, Marketing and Member Services
>
> INTELECOM Intelligent Telecommunications
>
>
>
> ##
>
> Background on the TEACH Act
>
> Section 110(2) of the Copyright Act, Title 17 United States Code, was
> amended in 2002 to provide for certain permitted uses of copyrighted
> material under the so-called TEACH Act (Technology, Education and
> Copyright
> Harmonization Act of 2002). Under certain specific and narrow
> circumstances,
> some kinds of copyrighted materials may be digitally delivered for
> distance
> learning without permission of the copyright owner.
>
> Works Specifically Excluded From the Scope of the TEACH Act
>
> Several categories of copyrighted work are specifically excluded from the
> scope of the TEACH Act, including works that are "produced or marketed
> primarily for performance or display as part of mediated instructional
> activities transmitted via digital networks."
>
>

Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley

510-643-8566
ghandman@library.berkeley.edu
http://www.lib.berkeley.edu/MRC

"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.