[Videolib] The meaning of "distance education and Reasonable and Limited

Jessica Rosner (jrosner@kino.com)
Tue, 26 Jun 2007 20:25:35 -0400

Ok after surviving a round trip on the Chinatown bus to DC and back a few
notes on CDIGIX and other things.

In general it still appears that CDIGIX and number of videolibbers think the
teach act covers the transmission of full feature films and at any time an
instructor wishes provided he has basically said it is part of a class

So pretty much some folks want to take films that in the past might have
been put on reserve for students and just put them up for downloads during a
semester.

First as commonly used and understood "Distance Education" has referred to
teaching a course to students WHO ARE NOT AT THE SAME PHYSICAL location ,
not AFTER the fact for them to just watch again. The TEACH ACT refers to the
material being limited to a CLASS SESSION.

The entire thrust of the Teach Act if you actually read it is for students
who are AT A DISTANCE and NOT in the classroom. It is NOT for add on
materials or to watch or study something at a later date. It is clear that
the material in question is for students who do NOT attend a physical
classroom but get the material AT A DISTANCE.

It is also important to note that the teach does NOT permit the use of whole
dramatic work ( like a feature film)

I found it more than a bit disingenuous that the CDGIX web site quoted Dr.
Crews as it's authority that what in at least inferring you can use feature
works . Here are some highlights I took from Dr.Crews more DETAILED
explanation of the TEACH ACT from the IU web site

"Stated more bluntly, this law is not intended to permit scanning and
uploading of full or lengthy works, stored on a website, for students to
access throughout the semesterčeven for private study in connection with a
formal course."

"Some news announcements anticipating the TEACH Act have suggested that the
use of materials in distance education will be on a par with the broad
rights of performance and display allowed in the face-to-face classroom.
This characterization of the law neglects the many differences between the
relevant statutes. In the traditional classroom, the Copyright Act long has
allowed instructors to ≥perform≤ or ≥display≤ copyrighted works with few
restrictions (Section 110(1)). By contrast, both the previous and the new
versions of the statute applicable to distance education are replete with
conditions, limits, and restrictions. Make no mistake: While the TEACH Act
is a major improvement over the previous version of Section 110(2), the law
still imposes numerous requirements for distance education that reach far
beyond the modest limits in the traditional classroom."

This is from NCSU web site but is common on all the web sites re the Teach
Act
∑ Performances of any other work, including dramatic works and audiovisual
works, but only in ≥reasonable and limited portions

So if you do have "real" Distance Education courses serving students who do
not attend the physical classes by all means let professors provide them
with material which falls within the TEACH ACT guidelines ( meaning among
other things only PORTIONS of films. Otherwise put it on reserve unless and
until you can get the rights to actually make a complete work available to
students ON campus who want to watch it in the convenience of their laptop.

Jessica Rosner
Kino International
333 W 39th St. 503
NY NY 10018
jrosner@kino.com
212-629-6880

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.