Re: [Videolib] What the copyright law does and does not sayŠ.. (was: Re: Libraries that stream their own titles)
Let me update that is a dorm room, starbucks etc a place DEVOTED to instruction as 110 states it must be. I see your note above but how can you seriously argue that whatever place a student happens to be is a place devoted to instruction it may be somewhere where they can access a transmission but it is not devoted to instruction and it is not face to face On Tue, Sep 30, 2014 at 9:11 PM, Jessica Rosner maddux2...@gmail.com wrote: Deg a dorm room/ starbucks is not a physical place of instruction. you want to update 110 go for it but that is not what it says. It is called Face to Face not watch it online when you have time for a reason. Just curious if the GSU appeals decision comes down and upholds and either further restricts ( as I expect it will) the portions that can be used will you or anyone else here accept it as a legal decision that clearly states that only small portions of copyrighted works can put online even limited to students for classes. I sometimes feel like it Alice in Wonderland. Apparently there is no legal ruling on copyrighted material online except for the one we don't believe says what it says. On Tue, Sep 30, 2014 at 6:02 PM, Deg Farrelly deg.farre...@asu.edu wrote: I have stayed out of this discussion (For good reason)…. But I will contribute here to correct a misstatement: On 9/30/14 2:15 PM, videolib-requ...@lists.berkeley.edu videolib-requ...@lists.berkeley.edu wrote: Face to Face is again VERY explicit and says it covers films shown in a physical classroom with the instructor present. The law does NOT say a PHYSICAL classroom, nor WITH THE INSTRUCTOR PRESENT. When in doubt, read the law: Notwithstanding the provisions of section 106 http://www.law.cornell.edu/uscode/text/17/106, the following are not infringements of copyright: (1) performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a *classroom or similar place devoted to instruction,* unless, in the case of a motion picture or other audiovisual work, the performance, or the display of individual images, is given by means of a copy that was not lawfully made under this title, and that the person responsible for the performance knew or had reason to believe was not lawfully made; (2) 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, if—(A) the performance or display is made by, at the *direction of, or under the actual supervision of an instructor as an integral part of a class session offered as a regular part of the systematic mediated instructional activities* of a governmental body or an accredited nonprofit educational institution; (B) the performance or display is directly related and of material assistance to the teaching content of the transmission; (C) the transmission is made solely for, and, to the extent technologically feasible, the reception of such transmission is limited to—(i) students officially enrolled in the course for which the transmission is made; or (ii) officers or employees of governmental bodies as a part of their official duties or employment; and (D) the transmitting body or institution—(i) institutes policies regarding copyright, provides informational materials to faculty, students, and relevant staff members that accurately describe, and promote compliance with, the laws of the United States relating to copyright, and provides notice to students that materials used in connection with the course may be subject to copyright protection; and (ii) in the case of digital transmissions—(I) applies technological measures that reasonably prevent—(aa) retention of the work in accessible form by recipients of the transmission from the transmitting body or institution for longer than the class session; and (bb) unauthorized further dissemination of the work in accessible form by such recipients to others; and (II) does not engage in conduct that could reasonably be expected to interfere with technological measures used by copyright owners to prevent such retention or unauthorized further dissemination; I have highlighted in bold portions of the law, but that may not transfer to the list. So let me repeat a few key phrases here – with
[Videolib] What the copyright law does and does not sayŠ.. (was: Re: Libraries that stream their own titles)
I have stayed out of this discussion (For good reason)…. But I will contribute here to correct a misstatement: On 9/30/14 2:15 PM, videolib-requ...@lists.berkeley.edumailto:videolib-requ...@lists.berkeley.edu videolib-requ...@lists.berkeley.edumailto:videolib-requ...@lists.berkeley.edu wrote: Face to Face is again VERY explicit and says it covers films shown in a physical classroom with the instructor present. The law does NOT say a PHYSICAL classroom, nor WITH THE INSTRUCTOR PRESENT. When in doubt, read the law: Notwithstanding the provisions of section 106 http://www.law.cornell.edu/uscode/text/17/106, the following are not infringements of copyright: (1) performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction, unless, in the case of a motion picture or other audiovisual work, the performance, or the display of individual images, is given by means of a copy that was not lawfully made under this title, and that the person responsible for the performance knew or had reason to believe was not lawfully made; (2) 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, if—(A) the performance or display is made by, at the direction of, or under the actual supervision of an instructor as an integral part of a class session offered as a regular part of the systematic mediated instructional activities of a governmental body or an accredited nonprofit educational institution; (B) the performance or display is directly related and of material assistance to the teaching content of the transmission; (C) the transmission is made solely for, and, to the extent technologically feasible, the reception of such transmission is limited to—(i) students officially enrolled in the course for which the transmission is made; or (ii) officers or employees of governmental bodies as a part of their official duties or employment; and (D) the transmitting body or institution—(i) institutes policies regarding copyright, provides informational materials to faculty, students, and relevant staff members that accurately describe, and promote compliance with, the laws of the United States relating to copyright, and provides notice to students that materials used in connection with the course may be subject to copyright protection; and (ii) in the case of digital transmissions—(I) applies technological measures that reasonably prevent—(aa) retention of the work in accessible form by recipients of the transmission from the transmitting body or institution for longer than the class session; and (bb) unauthorized further dissemination of the work in accessible form by such recipients to others; and (II) does not engage in conduct that could reasonably be expected to interfere with technological measures used by copyright owners to prevent such retention or unauthorized further dissemination; I have highlighted in bold portions of the law, but that may not transfer to the list. So let me repeat a few key phrases here – with some additional comment In a classroom or similar place devoted to instruction – Given that instruction now routinely occurs online, in LMS shells, and asynchronously it could well be argued that online is a similar place devoted to instruction at the direction of, or under the actual supervision of an instructor as an integral part of a class session offered as a regular part of the systematic mediated instructional activities - This is not a requirement that the professor be present, but that the professor supervises or directs the activity. And of course, the rest of it…. in an amount comparable to that which is typically displayed in the course of a live classroom session - Live classroom sessions would typically include an entire work, thus it would appear that an entire work can be used. The law ALSO makes frequent reference to digital networks and transmission --- an indication that the use of Blackboard and other tools for streaming are included in Section 110. deg farrelly ShareStream Administrator/Media Librarian Arizona State University Libraries Tempe, AZ 85287-1006 602.332.3103 VIDEOLIB is intended to encourage the broad and lively
Re: [Videolib] What the copyright law does and does not sayŠ.. (was: Re: Libraries that stream their own titles)
deg, That means we can have that class at Max's Tavern! ;-) Best regards, Dennis Doros Milestone Film Video PO Box 128 / Harrington Park, NJ 07640 Phone: 201-767-3117 / Fax: 201-767-3035 / Email: milefi...@gmail.com Visit our main website! www.milestonefilms.com Visit our new websites! www.mspresents.com, www.portraitofjason.com, www.shirleyclarkefilms.com, To see or download our 2014 Video Catalog, click here http://cdn.shopify.com/s/files/1/0150/7896/files/2014MilestoneVideoCatalog.pdf?75 ! Support Milestone Film on Facebook http://www.facebook.com/pages/Milestone-Film/22348485426 and Twitter https://twitter.com/#!/MilestoneFilms! See the website: Association of Moving Image Archivists http://www.amianet.org/ and like them on Facebook http://www.facebook.com/pages/Association-of-Moving-Image-Archivists/86854559717 AMIA 2014 Conference, Savannah, Georgia, October 8-11, 2014 http://www.amianet.org/ On Tue, Sep 30, 2014 at 6:02 PM, Deg Farrelly deg.farre...@asu.edu wrote: I have stayed out of this discussion (For good reason)…. But I will contribute here to correct a misstatement: On 9/30/14 2:15 PM, videolib-requ...@lists.berkeley.edu videolib-requ...@lists.berkeley.edu wrote: Face to Face is again VERY explicit and says it covers films shown in a physical classroom with the instructor present. The law does NOT say a PHYSICAL classroom, nor WITH THE INSTRUCTOR PRESENT. When in doubt, read the law: Notwithstanding the provisions of section 106 http://www.law.cornell.edu/uscode/text/17/106, the following are not infringements of copyright: (1) performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a *classroom or similar place devoted to instruction,* unless, in the case of a motion picture or other audiovisual work, the performance, or the display of individual images, is given by means of a copy that was not lawfully made under this title, and that the person responsible for the performance knew or had reason to believe was not lawfully made; (2) 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, if—(A) the performance or display is made by, at the *direction of, or under the actual supervision of an instructor as an integral part of a class session offered as a regular part of the systematic mediated instructional activities* of a governmental body or an accredited nonprofit educational institution; (B) the performance or display is directly related and of material assistance to the teaching content of the transmission; (C) the transmission is made solely for, and, to the extent technologically feasible, the reception of such transmission is limited to—(i) students officially enrolled in the course for which the transmission is made; or (ii) officers or employees of governmental bodies as a part of their official duties or employment; and (D) the transmitting body or institution—(i) institutes policies regarding copyright, provides informational materials to faculty, students, and relevant staff members that accurately describe, and promote compliance with, the laws of the United States relating to copyright, and provides notice to students that materials used in connection with the course may be subject to copyright protection; and (ii) in the case of digital transmissions—(I) applies technological measures that reasonably prevent—(aa) retention of the work in accessible form by recipients of the transmission from the transmitting body or institution for longer than the class session; and (bb) unauthorized further dissemination of the work in accessible form by such recipients to others; and (II) does not engage in conduct that could reasonably be expected to interfere with technological measures used by copyright owners to prevent such retention or unauthorized further dissemination; I have highlighted in bold portions of the law, but that may not transfer to the list. So let me repeat a few key phrases here – with some additional comment *In a classroom or similar place devoted to instruction – *Given that instruction now routinely occurs online, in LMS shells, and asynchronously it could well be argued that online is a similar place devoted
Re: [Videolib] What the copyright law does and does not sayŠ.. (was: Re: Libraries that stream their own titles)
Deg a dorm room/ starbucks is not a physical place of instruction. you want to update 110 go for it but that is not what it says. It is called Face to Face not watch it online when you have time for a reason. Just curious if the GSU appeals decision comes down and upholds and either further restricts ( as I expect it will) the portions that can be used will you or anyone else here accept it as a legal decision that clearly states that only small portions of copyrighted works can put online even limited to students for classes. I sometimes feel like it Alice in Wonderland. Apparently there is no legal ruling on copyrighted material online except for the one we don't believe says what it says. On Tue, Sep 30, 2014 at 6:02 PM, Deg Farrelly deg.farre...@asu.edu wrote: I have stayed out of this discussion (For good reason)…. But I will contribute here to correct a misstatement: On 9/30/14 2:15 PM, videolib-requ...@lists.berkeley.edu videolib-requ...@lists.berkeley.edu wrote: Face to Face is again VERY explicit and says it covers films shown in a physical classroom with the instructor present. The law does NOT say a PHYSICAL classroom, nor WITH THE INSTRUCTOR PRESENT. When in doubt, read the law: Notwithstanding the provisions of section 106 http://www.law.cornell.edu/uscode/text/17/106, the following are not infringements of copyright: (1) performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a *classroom or similar place devoted to instruction,* unless, in the case of a motion picture or other audiovisual work, the performance, or the display of individual images, is given by means of a copy that was not lawfully made under this title, and that the person responsible for the performance knew or had reason to believe was not lawfully made; (2) 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, if—(A) the performance or display is made by, at the *direction of, or under the actual supervision of an instructor as an integral part of a class session offered as a regular part of the systematic mediated instructional activities* of a governmental body or an accredited nonprofit educational institution; (B) the performance or display is directly related and of material assistance to the teaching content of the transmission; (C) the transmission is made solely for, and, to the extent technologically feasible, the reception of such transmission is limited to—(i) students officially enrolled in the course for which the transmission is made; or (ii) officers or employees of governmental bodies as a part of their official duties or employment; and (D) the transmitting body or institution—(i) institutes policies regarding copyright, provides informational materials to faculty, students, and relevant staff members that accurately describe, and promote compliance with, the laws of the United States relating to copyright, and provides notice to students that materials used in connection with the course may be subject to copyright protection; and (ii) in the case of digital transmissions—(I) applies technological measures that reasonably prevent—(aa) retention of the work in accessible form by recipients of the transmission from the transmitting body or institution for longer than the class session; and (bb) unauthorized further dissemination of the work in accessible form by such recipients to others; and (II) does not engage in conduct that could reasonably be expected to interfere with technological measures used by copyright owners to prevent such retention or unauthorized further dissemination; I have highlighted in bold portions of the law, but that may not transfer to the list. So let me repeat a few key phrases here – with some additional comment *In a classroom or similar place devoted to instruction – *Given that instruction now routinely occurs online, in LMS shells, and asynchronously it could well be argued that online is a similar place devoted to instruction *at the* *direction of, or under the actual supervision of an instructor as an integral part of a class session offered as a regular part of the systematic mediated instructional activities - *This
