Re: [Videolib] copyright question help

Brewer, Michael (brewerm@u.library.arizona.edu)
Mon, 23 Mar 2009 15:06:37 -0700

I think we both have quoted from the legislative history to show that
asynchronous teaching was also considered at the time the law was
written, not liberalized after the fact. Also, the clips cannot be
ancillary. They must be a necessary part of the course.
mb

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

-----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 2:45 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] copyright question help

Again...the original intent of the law was to support synchronous
teaching. As you (and Carrie Russell) have pointed out, these terms
seem
to be have been liberalized. Still not sure wholesale use of, say,
learning management systems to archive and make available ancillary
clips
(as opposed to those originally shown in class) would hold up in
court...but who knows?

gary

> All,
>
> I agree with most of what Gary says here, but I question what he says
> "off loading" viewing. The whole idea of a hybrid course (which TEACH
> was created to support) is to move what can be done out of the
classroom
> (and online) online and better utilize class time for those things
that
> must be done face to face. Sometimes this may be watching clips (so
> that discussion can immediately follow), but not always. Sometimes it
> may be better to allow students to watch the clips outside of class
(to
> absorb them, to rewatch if needed, etc) and focus class time on other
> things. Now anything put up to view using TEACH as a justification
does
> have to be an integral part of the course (part of an assignment,
etc.)
> and can't just be "recommended" materials. I most certainly agree with
> that.
>
> mb
>
> Michael Brewer
> Team Leader for Undergraduate Services
> University of Arizona Library
> brewerm@u.library.arizona.edu
>
>
> -----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 2:10 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.
>

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.