Re: [Videolib] instructor's DVD from text book

From: Jessica Rosner <maddux2014@gmail.com>
Date: Thu Apr 09 2009 - 09:18:06 PDT

Textbooks are absolutely not my area but I thought the caveat on
works produced & marketed for mediated instructional activity might
include them. As I understand this DVD is in fact produced exclusively
for the educational market to be used in instruction so is this not at
least open to question ?

On 4/9/09, Carrie Russell <crussell@alawash.org> wrote:
>
>
> 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>
> Content-Type: text/plain;charset=iso-8859-1
>
> 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.
>

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 09:18:47 2009

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