Re: [Videolib] Copyright lawyers and such

Badilla-Melendez, Cindy (cbadillame@stthomas.edu)
Tue, 24 Mar 2009 08:51:50 -0500

My understanding is that the TEACH ACT is more inclusive or perhaps does not define the concept of distance education. But, what I have read is it does not necessarily refers to the traditional "distance learning" but to the hybrid of courses that include some in class and some online. But I maybe wrong

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 Susan Albrecht
Sent: Tuesday, March 24, 2009 7:21 AM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Copyright lawyers and such

I agree with Sarah. What can it hurt to have an additional opinion? So long as it's expressed as an opinion. We certainly have had people on Videolib claiming X is true or Y is fact or that you can't ever do Z, without much mention that they're expressing opinion. It is a very frustrating thing, because it would be incredibly NICE if this were a simple, straightforward issue with easy answers, and it really does suck at times when one is faced with a huge variety of opinions on what is kosher and what is not.

For instance, at the start of this thread, we have Gary, our esteemed list guru, saying that basically it's a no-go for Cindy's prof unless it's short clips and doesn't involve any illegal circumvention [the view I've pretty much held to as well], followed by Carrie saying Blackboard can be used and there's no limit on length! Wha--?? I'm guessing we'd all LOVE that if we were sure it were legal, but are we?? If we were, wouldn't we be doing what Jessica suggests and shouting out, "I'm doing this and it's legal!"? It DOES come down to opinion -- and acceptable risk, as Gary noted -- it seems to me.

Jessica is also right that stuff IS happening or at least that pressure IS being brought to bear on media people to digitize & stream entire films to make them available for regular classes, for convenience, etc. Get those tomatoes ready to toss my way, because I actually really hope Sarah is right about that lawsuit, and I actually hope it comes sooner rather than later. That would give us all something much firmer to go on!

Finally, going back to the original question from Cindy, this doesn't even sound like a distance education course. What am I missing? I thought TEACH pertained to distance ed, not regular, on-campus classes. I understand what the prof is saying, in that a short--or compacted--summer course makes it hard for everything to be covered in class, yadda yadda, but if it's a bricks-and-mortar classroom, why is TEACH even being invoked? Aren't we really talking Fair Use only?

Susan at Wabash

At 08:45 PM 3/23/2009, you wrote:
>Actually there has been some argument on the list that it "should"
>be legal to stream an entire film. Jessica, I'm interested to hear
>whatever your lawyer pal has to say. We all know that the law is
>subject to interpretation and that some institutions have a higher
>tolerance for risk than others. Having another voice added to the
>discussion could be beneficial for all of us. As Gary pointed out,
>what we do as individual institutions is heavily influenced by what our
>legal counsel will support (i.e. defend us for when we get sued). I'm
>not even saying "if we get sued" because imho some school that's
>digitizing entire feature films and streaming them for the convenience
>of their students is going to get sued.
>I think it's just a matter of time. But I represent a conservative
>institutional philosophy ... and therefore am not streaming anything in
>its entirety without acquiring rights. (okay there is ONE thing but I
>have documented a lengthy fair-use analysis on why it's probably okay.)
>
>I say bring on the legal opinions.
>
>Sarah @ Hofstra

Susan Albrecht
Acquisitions Manager
Wabash College Lilly Library
Crawfordsville, IN
x6216
albrechs@wabash.edu

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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.