Re: [Videolib] The meaning of "distance education"

Jessica Rosner (jrosner@kino.com)
Wed, 27 Jun 2007 13:01:22 -0400

Well "Fair Use" has it's own separate restrictions . I don't think it has a
ton of relevance to streaming & downloading material since you would most
likely have issues with using more than a portion of a work and impacting
its commercial value but I suppose one could come up with some scenarios
under which it could apply and be useful
What matters most to me is that both Distance Education and Fair Use clearly
forbid the use of lengthy works like my beloved feature films. I think if
you go to both IUPIPI and NCSU copyright web sites you will find pretty
detailed info on both uses and limitations of "Fair Use" and The Teach Act.

On 6/27/07 12:22 PM, "Brewer, Michael" <brewerm@u.library.arizona.edu>
wrote:

> I remain unconvinced that TEACH restricts to synchronous (but distance)
> teaching (but am still quite willing to listen to an argument based on the
> text of the law). That said, I'm not sure that it really matters. I firmly
> believe that one can make a strong fair use claim for the kind of uses that
> are being talked about below. If there are those in libraries that believe
> otherwise, I'd like to hear their reasoning as to why these uses would not be
> fair.
>
> mb
>
> ________________________________
>
> From: owner-videolib@lists.berkeley.edu on behalf of Gary Handman
> Sent: Wed 6/27/2007 8:08 AM
> To: videolib@lists.berkeley.edu
> Subject: Re: [Videolib] The meaning of "distance education"
>
>
>
> you go, girl!
>
> Gary
>
>
> At 06:58 AM 6/27/2007, you wrote:
>> X-Sieve: CMU Sieve 2.3
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>> X-Modus-Trusted: 198.86.245.216=YES
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>> Date: Wed, 27 Jun 2007 09:58:16 -0400
>> From: "Ciara Healy" <cmhealy@waketech.edu>
>> To: "videolib@lists.berkeley.edu" <videolib@lists.berkeley.edu>
>> Subject: Re: [Videolib] The meaning of "distance education"
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>>
>> For the film distributors among us rather than the people who work at
>> colleges:
>>
>> Please note the difference between synchronous and asynchronous
>> distance education. In asynchronous education students never come to the
>> campus and may take the class from any where (geographically speaking)
>> but there is no specified class meeting time where they would all watch
>> parts of a movie together via their respective computers. So an
>> asynchronous class via, say, Blackboard does not have the option to use
>> downloaded media according to the TEACH act on this interpretation
>> because the class is not meeting in real time? Some downloaded visual or
>> audio materials would not be supplemental like reserve items. They would
>> be part of the curriculum for an asynchronous distance education class.
>> It is also the case that those kinds of classes delivered via
>> Blackboard, might want to put things on reserve as well that are
>> supplemental to the current module or discussion. They too would not
>> have the right to make media available for download on this
>> interpretation, according to Dr.Crews. That pretty much knocks out the
>> instructor at my college who teaches music appreciation and wants his
>> class to be fully hybrid but is asking me to help him deliver music and
>> parts of Ken Burns' Jazz series to his students via Blackboard. (He is
>> BFF with the Distance Education Lady.) It knocks them all out in fact
>> because we all only use Blackboard here. Asynchronously.
>>
>> If the TEACH act was formulated with the definition of distance
>> education as a synchronous teaching/learning during a certain class
>> meeting via computer, then that happens less than you might think.
>>
>> A lot more classes are these asynchronous things where it is more like
>> a correspondence course or a self-paced class that you take on you own
>> with all of the course materials found on the Blackboard (or Web CT or
>> whatever) site at once or put up successively each week. Contact with
>> the instructor is via e-mail (asynchronous) or sometimes live chat
>> (synchronous) or you could call them on the phone (synchronous) but
>> usually it is just via the discussion boards (asynchronous) on the
>> Blackboard site. (Blackboard is password protected and available to only
>> the students enrolled in that class. Print material can be downloaded or
>> persistent links to articles are provided to supplement the textbook.)
>> 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.
>
> Gary Handman
> Director
> Media Resources Center
> Moffitt Library
> UC Berkeley
> 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.
>
>
>
> 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.

Proud Resident of a BLUE STATE

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.