Re: [Videolib] Cindy's copyright question

Badilla-Melendez, Cindy (cbadillame@stthomas.edu)
Mon, 23 Mar 2009 16:39:24 -0500

I am more confused.

Because I think I read some about portions and limitations, I know you can not use the entire film.

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 the above sentences means, if I have the DVD but I found out that so and so sells the digital version of it for one year lease ($500), I have to pay for that. Just to use clips of it???

I don't have digital versions.

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 Carrie Russell
Sent: Monday, March 23, 2009 4:21 PM
To: videolib@lists.berkeley.edu
Subject: [Videolib] Cindy's copyright question

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
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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>
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<5012AD3225B6CF4A8307C3198E9242CA0381D3AC0C@UST-E2K7VS1.stthomas.edu>
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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.

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.