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

Brewer, Michael (brewerm@u.library.arizona.edu)
Wed, 27 Jun 2007 12:21:54 -0700

Jessica,

If you'll notice, I was referring to the situation below where they
mention clips from Jazz, not the entire thing. I won't get into entire
works, as I know your position on that and don't think it would be
productive to talk about.

Transformative uses are one of many kinds of potential fair uses, not
the only one. Librarians and educators don't generally deal with
transformative uses; they deal with uses that are educational or promote
scholarship, both of which are clearly stated in the law. I think it is
misleading to say the only fair use is a transformative one. I guess
one could say educational uses are transformative in that they
facilitate the creation of knew knowledge, but that is a bit of a
stretch.

Fair use is not everything one might want to use in a class, but the
fact that it is used in a class does favor fair use (purpose). Whether
or not it actually is fair would depend on the effect on the
market/copyright holder, the amount used (all, half, 2 words, etc.) and
the nature of the copyrighted work. I would never suggest that you
could use anything you want simply because one of the four factors
supports that use. You have to look at all 4 and make a reasonable
determination based on that.

mb

Michael Brewer

Slavic Studies, German Studies & Media Arts Librarian

University of Arizona Library

brewerm@u.library.arizona.edu

-----Original Message-----
From: owner-videolib@lists.berkeley.edu
[mailto:owner-videolib@lists.berkeley.edu] On Behalf Of Jessica Rosner
Sent: Wednesday, June 27, 2007 11:10 AM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] The meaning of "distance education"

Well I kind of give up on this Michael. I don't know the most rabid
"fair
use" proponent who suggest it can ever cover an entire film. As I have
repeatedly pointed out and by ALL means check with a lawyer " Fair Use"
is
for a "transformative " use meaning you are using something to create a
NEW
work thus using a portion of something in book, film, piece of music etc
to
create a new film, book,piece of music or lecture. There has never been
any
attempt by anyone ( other than you and Gary trying to upset me) that it
would allow you to use a complete feature length film. If if in fact did
virtually everything we discuss would be irrelevant.

Every copyright site including the ones I mentioned which are run by
academic institutions not distributors refers to using a REASONABLE
portion
of a work in the context of both Fair Use and the Teach Act.

As near as I can tell under the idea that "Fair Use" would basically
cover
anything you ever wanted to use in a class or stream on line at a
university
there would be no copyright at all

You might mention that to Kinko's.

On 6/27/07 1:46 PM, "Brewer, Michael" <brewerm@u.library.arizona.edu>
wrote:

> There are few restrictions actually put on Fair Use in the law. Only
> examples are provided. Guidelines have been drawn up for various uses,
> but they are guidelines only. We have some case law to look at as
well,
> but that, too, is all over the place as far as the context and types
of
> uses. Streaming for these purposes is a new area that has not really
> been looked at and I think we can all agree that TEACH has been a
> failure.
>
> I think we need to depart from TEACH and begin discussing what sorts
of
> uses we feel are fair as far as digital delivery for course use. I do
> think that nothing here is terribly clear and that the effect on the
> market for the content has to be looked at very closely. The relative
> "fairness" of a current use could easily change in the future as more
> content providers create solid business models for licensing and
> delivering content for these educational purposes.
>
> mb
>
> Michael Brewer
>
> Slavic Studies, German Studies & Media Arts Librarian
>
> University of Arizona Library
>
> brewerm@u.library.arizona.edu
>
>
> -----Original Message-----
> From: owner-videolib@lists.berkeley.edu
> [mailto:owner-videolib@lists.berkeley.edu] On Behalf Of Jessica Rosner
> Sent: Wednesday, June 27, 2007 10:01 AM
> To: videolib@lists.berkeley.edu
> Subject: Re: [Videolib] The meaning of "distance education"
>
> 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
>>> X-Modus-BlackList: 198.86.245.216=OK;cmhealy@waketech.edu=OK
>>> X-Modus-Trusted: 198.86.245.216=YES
>>> X-Mailer: Novell GroupWise Internet Agent 7.0
>>> 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"
>>> X-Ucb-Scan-Signature: db6d6a1bec3f414eb93f42a87d6f2177a02457ec
>>> X-Ucb-Spam: Gauge=IIIIIII, Probability=7%, Report=''
>>> X-Ucb-Notice: This message has been processed by a spam tagging
> system.
>>> See http://mailinfo.berkeley.edu/ for more information.
>>> Sender: owner-videolib@lists.berkeley.edu
>>> Reply-To: videolib@lists.berkeley.edu
>>>
>>> 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.
>
> 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.

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.