Re: copyright and student teaching

Stan Diamond (sxd@psulias.psu.edu)
Thu, 7 Nov 1996 08:05:42 -0500

Randy,
I am not an attorney, but from my reading of the law, this situation
has nothing to do with fair use. It is covered by section 110 - face to
face teaching exemption. this sections states that any legally aquired
material may be used (in its entirety) in a face to face teaching situation
in a regular course of instruction, and in a place regularly devoted to
teaching... without regard to copyright restrictions.

>Jay,
>
>My take is that this situation falls under the face-to-face teaching
>exemption, and would be an acceptable public performance. Although there
>seems to be a lot of confusion over "fair use" (all the way up to ALA's
>attorneys), fair use has more to do with showing a "portion" of a
>copyrighted work than in performing the entire work--which falls under
>public performance. Here, the expertise of the late Ivan Bender, who knew
>this subject far better than I, is sorely missed.
>
>Randy Pitman
>Editor
>Video Librarian
>3672 NE Liverpool Dr.
>Bremerton WA 98311
>(800) 692-2270
>
>On Wed, 6 Nov 1996, JROZGONYI wrote:
>
>> Here's a question I'd love to throw out and have some folks
>> chew over -- if that's even necessary.
>>
>> 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?
>>
>> Any thoughts? Experiences?
>>
>> Jay Rozgonyi
>> Multi-Media Services Librarian
>> Ithaca College
>> Ithaca, NY
>> JROZGONYI@LIBER.ITHACA.EDU
>>

Stan Diamond, Manager (814) 863-3100
Audio Visual Services (814) 863-2572 (Fax)
1127 Fox Hill Rd, sxd@psulias.psu.edu
Univ. Park, PA 16803 HTTP://www.libraries.psu.edu/avs/