Re: [Videolib] copyright question help

Badilla-Melendez, Cindy (cbadillame@stthomas.edu)
Mon, 23 Mar 2009 16:31:27 -0500

Yes, but if there is not encryption on the dvd, there is no issue, correct??
In this case prof. wants it because it is a summer course and class is 5 days a week and she wants to be sure all of them watch it because there is not way they be there every singled day. Pretty much as putting on course reserve except that she showing different part each day and she wants to keep the DVD

But is a readonalbe amount?

I still don't understand what that sentence means
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

-----Original Message-----
From: videolib-bounces@lists.berkeley.edu [mailto:videolib-bounces@lists.berkeley.edu] On Behalf Of ghandman@library.berkeley.edu
Sent: Monday, March 23, 2009 4:10 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] copyright question help

Hi

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.

...or something.

Gary

> 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.
>

Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley

510-643-8566
ghandman@library.berkeley.edu
http://www.lib.berkeley.edu/MRC

"I have always preferred the reflection of life to life itself."
--Francois Truffaut

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.