Re: copyright and student teaching

Stan Diamond (sxd@psulias.psu.edu)
Thu, 7 Nov 1996 20:43:14 -0400

Sorry Randy, I was rushing through my e-mail and probably did not read it
thoroughly. I do know I was suprised we were in disagreement.

>Stan,
>
>Um...that was my point. Jay's original question was partially about
>whether having a student teacher show a program off-campus would "remove
>it from the fair-use exemption." I suggested that it was a "public
>performance" question not a "fair use" question, which, I agree with you,
>is a different issue entirely.
>
>Randy Pitman
>Editor
>Video Librarian
>3672 NE Liverpool Dr.
>Bremerton, WA 98311
>(800) 692-2270
>
>On Thu, 7 Nov 1996, Stan Diamond wrote:
>
>> 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/
>>
>>

Stan Diamond, Manager (814) 863-3100
Audio Visual Services (814) 863-2574 (Fax)
Special Services Bldg (800) 826-0132 Order line
1127 Fox Hill Rd, sxd@psulias.psu.edu
Univ. Park, PA 16803 HTTP://www.libraries.psu.edu/avs/