Re: [Videolib] VHS to DVD for classroom use?

From: Brewer, Michael <brewerm@u.library.arizona.edu>
Date: Mon Nov 02 2009 - 13:20:16 PST

Fair use may trump any of the exclusive rights of the copyright holder - note below. The "including" ... does not limit fair use to only to making reproductions, it just provides examples.

Notwithstanding the provisions of sections 106<http://www.copyright.gov/title17/92chap1.html#106> and 106A,<http://www.copyright.gov/title17/92chap1.html#106a> the fair use of a copyrighted work, including such use by....

mb

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

From: videolib-bounces@lists.berkeley.edu [mailto:videolib-bounces@lists.berkeley.edu] On Behalf Of Jessica Rosner
Sent: Monday, November 02, 2009 1:37 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] VHS to DVD for classroom use?

Michael there is NOTHING in "Fair Use' that justifies changing formats. There are in fact laws AGAINST it. Please stop confusing "fair use" and face to face. Face to face allows you to use whole LEGALLY obtained films in a class, "Fair Use" allows you to use reasnable portions of otherwise copyrighted works in creating NEW works.

I am late for Brooklyn.

On Mon, Nov 2, 2009 at 3:32 PM, Brewer, Michael <brewerm@u.library.arizona.edu<mailto:brewerm@u.library.arizona.edu>> wrote:
This is not specifically allowed for in the law (transferring to DVD for face to face). The instructor seems to be making a fair use argument (specifically defined and restricted purpose of use; limited effect on copyright holder, etc.), which could be a valid one. However, it really comes down to your institutional policy and managing faculty expectations, which can be difficult. While this particular use might be end up being fair, a later request with very different circumstances (use is less clear or is broader; effect on copyright holder is more pronounced) might not be.
mb
Michael Brewer
Team Leader for Undergraduate Services
University of Arizona Library
brewerm@u.library.arizona.edu<mailto:brewerm@u.library.arizona.edu>

From: videolib-bounces@lists.berkeley.edu<mailto:videolib-bounces@lists.berkeley.edu> [mailto:videolib-bounces@lists.berkeley.edu<mailto:videolib-bounces@lists.berkeley.edu>] On Behalf Of Elizabeth Kielley
Sent: Monday, November 02, 2009 1:10 PM
To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu>
Subject: [Videolib] VHS to DVD for classroom use?

I am in discussion with a faculty member who is certain that for face-to-face teaching, he can make a DVD copy of a VHS as long as it was only used for teaching. I am disagreeing due to my understanding we can't make a copy, even for preservation. Please let me know. I know this has been discussed before but I am attaching his rationale:

"Currently, educators in the face-to-face teaching context enjoy more latitude and face fewer restrictions under the face-to-face exception than do their counterparts in the distance education context under the online distance education exception. For example, while educators in the online distance education context may only use "reasonable and limited portions" of an audiovisual work, educators in the face-to-face context face no such limitation.
Principle IV Online Distance Education
=========================================
The restrictions on transferring media from analog to digital apply explicitly to online courses, but it's not clear if they apply in face-to-face teaching . That's why I'm pretty sure that we can make DVDs from VHS tapes for classroom use (perhaps these could not be checked out by students for personal viewing unless they were in the class). Let me know what you think!"

AND

"The critical distinction here is "for classroom face-to-face teaching", not just for preservation purposes. The reason I included the second quote from the SCMS document is because it states that while online instructors are limited to ""reasonable and limited portions" of an audiovisual work, educators in the face-to-face context face no such limitation." So copying of entire works for specific employ in face-to-face teaching would not be restricted as long as they were ONLY USED in that context.

That was my thinking from what the SCMS states. Doe this make sense to you?"

So please let me know if I'm wrong.

Liz

Liz Kielley
ekielley@messiah.edu<mailto:ekielley@messiah.edu>
Librarian/Technical Services Coordinator
Messiah College
Grantham, PA 17027
717-691-6006 x3850
717-691-6042 (FAX)

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 Mon Nov 2 13:20:39 2009

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