[Videolib] instructor's DVD from text book

From: Carrie Russell <crussell@alawash.org>
Date: Thu Apr 09 2009 - 08:06:39 PDT

Regarding Patricia's question (below), of course this is a lawful use.
Why do people think otherwise? The faculty member has a lawful copy of
the textbook that includes a DVD with case studies that are relevant to
the class. Do you think that just because the
class is online, the faculty member is not supposed to use the DVD?
I don't get it.

Not only is this clearly fair use, there is also a TEACH provision:

"except with respect to a work produced or marketed primarily for
performance or display as part of mediated instructional activities
transmitted via digital networks, or a performance or display that is
given by means of a copy or phonorecord that is not lawfully made and
acquired under this title, and the transmitting government body or
accredited nonprofit educational institution knew or had reason to
believe was not lawfully made and acquired, the performance of a
nondramatic literary or musical work or reasonable and limited portions
of any other work, or display of a work in an amount comparable to that
which is typically displayed in the course of a live classroom session,
by or in the course of a transmission ..."

Carrie Russell

Message: 3
Date: Wed, 8 Apr 2009 14:37:38 -0700 (PDT)
From: ghandman@library.berkeley.edu
Subject: Re: [Videolib] instructor's DVD from textbook
To: videolib@lists.berkeley.edu
Message-ID:
        <62244.128.32.113.163.1239226658.squirrel@calmail.berkeley.edu>
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You're intending on streaming these cases? I'd say there's no safe
harbor
for doing that (unless my pal Carrie Russell feels that there's some
kind
of TEACH provision)...

gary handman

I just had a faculty member ask if she could use a portion of the DVD
that came with the instructor's copy of the textbook for her online
class. She normally shows portions of the material from the DVD in her
face to face class.

It sounds like there are multiple case studies on the DVD (she thought
more that 10). She wants to show just one.

Is she free to stream as many of the case studies as she would like
because they are part of the textbook? Or is she limited to a
"reasonable" amount as if it were a separate item?

Seems to me that she would be fine to just show one case study, but I
was wondering how to answer the next person who wants to show them all.

thanks in advance for the insight.

patricia

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.
Received on Thu Apr 9 08:07:22 2009

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