Re: [Videolib] copyright question

Jessica Rosner (jrosner@kino.com)
Fri, 14 Nov 2008 16:48:34 -0500

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Well I am sure Michael and I are going to disagree on this especially since
the Teach act was put in to promote real distance ed not =B3convenience
=B3 education where you are just adding something to a bricks and mortar
class. As with most of these issues there is no easy answer. To make
matters worse it does not seem that fair use covers format transfer if you
have to break any anti piracy security which is what the DMCA was about. I
dug this out from a previous discussion posted by Carrie from ALA

=B3The reason why we have this 1201 rulemaking every 3 years is to make
sure that anti-circumvention technologies do not adversely affect one's
ability to make a lawful use (like a fair use). Fair use still exists in
the digital environment, but if you want to use some digital formats,
you may find that you have to break a different law - circumventing a
technological measure - in order to do so. Congress established the
rulemaking so it could periodically check if there were any negative
consequences of 1201. Penalties for circumvention are much higher than
for infringement, although non-profit educational institutions and their
staff do not face the additional criminal penalties.=B2

Personally I think this kind of sucks and if you for any reason need any
Kino clips
Be my guest . =20

On 11/14/08 4:32 PM, "Badilla-Melendez, Cindy" <cbadillame@stthomas.edu>
wrote:

> Michael,
> Thanks for you reply.
> For what I understand TEACH applies only to digital distance education, w=
hich
> in my case does not apply.
> So fair use is ok for the clips but what about having in blackboard which=
is
> kind of streaming eventhough are small clips. My concern here is not the =
copy
> part it is the part of having it in blackboard.
> =20
> I don=B9t think I can apply TEACH act for a regular course. Am I wrong??
> =20
> Thanks
> Cindy
>=20
> __________________________________________________
> Cindy Badilla-Melendez
> Media Resources Librarian
> O'Shaughnessy-Frey Library,
> University of St. Thomas
> Mail #5004, 2115 Summit Ave,
> St Paul, MN 55105
> phone (651) 962-5464
> fax (651) 962-5406
>=20
>=20
> From: videolib-bounces@lists.berkeley.edu
> [mailto:videolib-bounces@lists.berkeley.edu] On Behalf Of Brewer, Michael
> Sent: Friday, November 14, 2008 2:07 PM
> To: videolib@lists.berkeley.edu
> Subject: Re: [Videolib] copyright question
> =20
> Cindy,=20
> =20
> TEACH is for online instructional activities. That may or may not be
> =B3distance education=B2 as you understand it. I believe it would apply for =
the
> purpose you mention below. Of course you need to be sure to meet all the
> requirements (about security, about amount used, about it being core to t=
he
> learning goals of the course, etc.). I also believe Fair Use could apply.
> Fair use can apply to any of the exclusive rights of the copyright holder=
, so
> the reformatting from analog to digital (or whatever format it necessary =
for
> the use) could be covered by fair use. This is also allowed under TEACH.=
It
> is not allowed if the DVD has anti-piracy protections on it, however. If=
that
> is the case, you are pretty much out of luck (since, as I read it, the
> Librarian of Congress=B9s allowance for film studies faculty only applies t=
o
> things used in a =B3classroom=B2)
> =20
> mb
> =20
>=20
> Michael Brewer
> Team Leader for Undergraduate Services
> University of Arizona Library
> brewerm@u.library.arizona.edu
> =20
>=20
> From: videolib-bounces@lists.berkeley.edu
> [mailto:videolib-bounces@lists.berkeley.edu] On Behalf Of Badilla-Melende=
z,
> Cindy
> Sent: Friday, November 14, 2008 12:49 PM
> To: videolib@lists.berkeley.edu
> Subject: [Videolib] copyright question
> =20
> Hello,
> =20
> I know this has been asked before but still not clear.
> =20
> A faculty wants to use clips of a movie or documentary to put in his
> blackboard so students can review.
> =20
> TEACH Act is just for distance education, so this won=B9t apply, because th=
is is
> not a distance education class.
> =20
> Fair use will apply because are small portions, can be copied. But what a=
bout
> transformed to digital? And the have them available online?
> =20
> Under the Education Multimedia Project, a faculty can use clips (meaning
> converting into digital format and save them on a disc or computer) and a=
dd
> then using the project to his presentation/project for up to 2 years. How=
ever
> I have not read so far anything that tells me, that it is ok to put it in
> Blackboard or anything similar even though password protected.
> =20
> Can anybody clarify this?
> =20
> Thanks
> Cindy
> =20
> =20
> =20
> =20
>=20
> __________________________________________________
> Cindy Badilla-Melendez
> Media Resources Librarian
> O'Shaughnessy-Frey Library,
> University of St. Thomas
> Mail #5004, 2115 Summit Ave,
> St Paul, MN 55105
> phone (651) 962-5464
> fax (651) 962-5406
>=20
>=20
> VIDEOLIB is intended to encourage the broad and lively discussion of issu=
es
> 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 effectiv=
e
> working tool for video librarians, as well as a channel of communication
> between libraries,educational institutions, and video producers and
> distributors.
>=20
>=20
>=20
> Proud Resident of a BLUE STATE
> =20
> Jessica Rosner
> Kino International
> 333 W 39th St. 503
> NY NY 10018
> jrosner@kino.com
> 212-629-6880

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Re: [Videolib] copyright question Well I am sure Michael and I are going to disagree on this especially sinc= e the Teach act was put in to promote real distance ed not “convenienc= e “ education where you are just adding something to a bricks and mort= ar class. As  with most of these issues there is no easy answer. To mak= e matters worse it does not seem that  fair use covers format transfer = if you have to break any anti piracy security which is what the DMCA was abo= ut. I dug this out from a previous discussion posted by Carrie from ALA

The reason why we have this 1201 rulemakin= g every 3 years is to make
sure that anti-circumvention technologies do not adversely affect one's
ability to make a lawful use (like a fair use).  Fair use still exists= in
the digital environment, but if you want to use some digital formats,
you may find that you have to break a different law - circumventing a
technological measure - in order to do so.  Congress established the rulemaking so it could periodically check if there were any negative
consequences of 1201. Penalties for circumvention are much higher than
for infringement, although non-profit educational institutions and their staff do not face the additional criminal penalties.”


Personally I think this kind of sucks  and if you for any reason need = any Kino clips
Be my guest .  




On 11/14/08 4:32 PM, "Badilla-Melendez, Cindy" <cbadillame@stthomas.edu> wrote:

Michael,
Thanks for you reply.
For what I understand TEACH applies only to digital distance education, whi= ch in my case does not apply.
So fair use is ok for the clips but what about having in blackboard which i= s kind of streaming eventhough are small clips. My concern here is not the c= opy part it is the part of having it in blackboard.
 
I don’t think I can apply TEACH act for a regular course. Am I wrong?= ?
 
Thanks
Cindy

__________________________________________________
Cindy Badilla-Melendez
Media Resources Librarian
O'Shaughnessy-Frey Library,
University of St. Thomas  
Mail #5004, 2115 Summit Ave,
St Paul, MN 55105          &nb= sp;         
phone (651) 962-5464

fax (651) 962-5406=


From: v= ideolib-bounces@lists.berkeley.edu [mailto:videolib-bounces@lists.berkeley.edu] On Behal= f Of Brewer, Michael
Sent: Friday, November 14, 2008 2:07 PM
To: videolib@lists.berkeley.ed= u
Subject: Re: [Videolib] copyright question

Cindy,
 
TEACH is for online instructional activities.  That may or may not be = “distance education” as you understand it.  I believe it wo= uld apply for the purpose you mention below.  Of course you need to be = sure to meet all the requirements (about security, about amount used, about = it being core to the learning goals of the course, etc.). I also believe Fai= r Use could apply.  Fair use can apply to any of the exclusive rights o= f the copyright holder, so the reformatting from analog to digital (or whate= ver format it necessary for the use) could be covered by fair use.  Thi= s is also allowed under TEACH.  It is not allowed if the DVD has anti-p= iracy protections on it, however.  If that is the case, you are pretty = much out of luck (since, as I read it, the Librarian of Congress’s all= owance for film studies faculty only applies to things used in a “clas= sroom”)
 
mb
 

Michael Brewer
Team Leader for Undergraduate Services
University of Arizona Library
brewerm@u.library.arizona.edu


From: videolib-bounces@lists.berkeley.edu [mailto:videolib-bounces@lists.berkeley.edu] On Behalf Of Badilla-Melendez, Cindy
Sent: Friday, November 14, 2008 12:49 PM
To:
videolib@lists.berkeley.ed= u
Subject: [Videolib] copyright question

Hello,
 
I know this has been asked before but still not clear.
 
A faculty wants to use clips of a movie or documentary to put in his blackb= oard so students can review.
 
TEACH Act is just for distance education, so this won’t apply, becaus= e this is not a distance education class.
 
Fair use will apply because are small portions, can be copied. But what abo= ut transformed to digital? And the have them available online?
 
Under the Education Multimedia Project, a faculty can use clips (meaning co= nverting into digital format and save them on a disc or computer) and add th= en using the project to his presentation/project for up to 2 years. However = I have not read so far anything that tells me, that it is ok to put it in Bl= ackboard or anything similar even though password protected.
 
Can anybody clarify this?
 
Thanks
Cindy
 
 
 
 

__________________________________________________
Cindy Badilla-Melendez
Media Resources Librarian
O'Shaughnessy-Frey Library,
University of St. Thomas  
Mail #5004, 2115 Summit Ave,
St Paul, MN 55105          &nb= sp;         
phone (651) 962-5464

fax (651) 962-5406=


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 inst= itutions. It is hoped that the list will serve as an effective working tool = for video librarians, as well as a channel of communication between librarie= s,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

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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.

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