Re: copyright and student teaching

Ralph Huntzinger (ralphunt@rain.kcls.lib.wa.us)
Wed, 6 Nov 1996 16:19:38 +0000

Jay,

I keep going back to foundations and build practices from them.
That's something Ivan Bender taught me at least 20 years ago over
spagetti in Cecile, Alaska (Roslyn, Washington). Copyright
philosophies are built to both extend the spread of knowledge and
protect (compensate) creators and their agents. The exemptions are
rights the same as the "copyrights" are rights. If educators do not
use (give up) their rights, the rights gradually vanish.

Face-to-face teaching exemption (to the public performance
copyright) applies to so called "home use only" videos because of
where and how the video is used. The fact that it is "owned" by
Blockbustered, Ithaca College, or King County Library System is not
the determining factor; face-to-face teaching (etc. ...) is the
determining factor.

I go so far as to suggest: "If you don't need the right, don't spend
the money for the right. Buy the rights you need, use your rights,
but be sure you don't exceed your rights." In our public library
practice, we buy home video to lend to the public BUT buy public
performance copies for those we use in library programming. When I
have a chance to talk to teachers, I stress that they can use our
home video in face-to-face but can not use those copies in assemblies
or for non-face-to-face. Enough ramble. I think every
teacher should be taught their face-to-face rights and their
responsibilities to creators (and their agents) when the use is not
face-to-face. I assume you brought up this thread so you could do
that, right?
Ralph

> If we accept that Home Video versions of tapes are acceptable
> for use in classroom settings (as we do here at Ithaca College),
> is there a problem in allowing a student who is doing his or her
> student teaching assignment at a local elementary school to take
> a home video with them and use it as part of the instruction?
> In other words, is the elementary classroom an extension of the
> college classroom, or does taking the tape off-campus automatically
> remove it from the fair-use exemption?


Ralph Huntzinger (206) 684-6673
Collection Management Services
King County Library System
Seattle, Wa