Well, here's my take. While there may be some fair use/TEACH provision
for putting up short clips in the course of regular curricular work, the
DMCA forbids circumvention DVD encryption for the purpose of extracting
clips. Also (and others can weigh in on this) it seems to me that the
spirit (if not the letter) of TEACH is that the clips made available for
remote access are there because they are in integral part of face-to-face
teaching. If the prof simply wants to off-load viewing so that he or she
doesn't have to take the time to screen stuff in class...I dunno. I think
that's pushing the TEACH envelop until it shreds...
I think the last clause you cite is saying that you can digitize clips
from an analog work if it can be shown that a protection-free digital copy
IS NOT available.
> I know this question has come up several times. I may wasn't paying
> attention or still did not hear an answer, or I am still confussed.
> A professor wants to put some clips of some documentaries on Blackboard.
> If I read correctly this is ok under the TEACH act and Fair USe, off
> course under a lot of conditions (a lot of them technological
> requirements). But also, talks about reasonable amounts and portions.
> What is a reasonalble amount? 10% or 3 minutes? I read that somewhere.
> TEACH Act alos talks about if the work would be part of what the professor
> will use in class and so on.
> I really don't uderstanda this part:
> FOR DIGITIZING ANALOG WORKS, NO DIGITAL VERSION OF THE WORK IS AVAILABLE
> FREE FROM TECHNOLOGICAL PROTECTIONS THAT WOULD PREVENT THE USES AUTHORIZED
> IN SECTION 110.
> So, can we or not take a DVD and stream portions and put them min
> blackboard for a semester, for students to review?
> Or we need to get permissions?
> 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
> 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.
Media Resources Center
"I have always preferred the reflection of life to life itself."
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.