[Videolib] Cindy's copyright question

Carrie Russell (crussell@alawash.org)
Mon, 23 Mar 2009 17:21:17 -0400

Hi Cindy:

You can use clips on Blackboard in a secure environment, only for
enrolled students, etc.

There is no limit on the length of clip - it should be the length
necessary to meet the teaching objective - the same length one would use
in a "live" classroom.

What this means:
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.

It means that you cannot copy an analog work to a digital version if
there is a digital version of the title available for purchase. BUT if
the digital versions that are available for purchase prevent you from
copying a clip (because they are protected by technology like CSS) to
use in Blackboard, then you can copy the analog version using the
portion necessary to meet the teaching objective.

But it sounds like you already have digital versions that you plan to
stream so no need to make a digital copy of an analog version.

Under TEACH (or fair use), you do not have to get permission for this
use.
-Carrie Russell
------------------------------

Message: 5
Date: Mon, 23 Mar 2009 15:58:21 -0500
From: "Badilla-Melendez, Cindy" <cbadillame@stthomas.edu>
Subject: [Videolib] copyright question help
To: "videolib@lists.berkeley.edu" <videolib@lists.berkeley.edu>
Message-ID:

<5012AD3225B6CF4A8307C3198E9242CA0381D3AC0C@UST-E2K7VS1.stthomas.edu>
Content-Type: text/plain; charset="us-ascii"

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?

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
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.