I agree you could use either TEACH or 107. The1201 rule says nothing about fair use, though it does use some terminology that we associate with fair use:
(1) Motion pictures on DVDs that are lawfully made and acquired and that are protected by the Content Scrambling System when circumvention is accomplished solely in order to accomplish the incorporation of short portions of motion pictures into new works for the purpose of criticism or comment, and where the person engaging in circumvention believes and has reasonable grounds for believing that circumvention is necessary to fulfill the purpose of the use in the following instances: (i) Educational uses by college and university professors and by college and university film and media studies students; (ii) Documentary filmmaking; (iii) Noncommercial videos. Michael Brewer Team Leader for Instructional Services University of Arizona Libraries [email protected]<mailto:[email protected]> From: [email protected] [mailto:[email protected]] On Behalf Of Jessica Rosner Sent: Tuesday, January 25, 2011 11:55 AM To: [email protected] Subject: Re: [Videolib] DCMA exemption question But the LOC exemption for breaking encryption referred to the portions being covered by "fair use" and of course TEACH specifically exempts full length use of dramatic works and has a number of other issues. I see this as a straight "fair use" issue without TEACH even entering into it. Looks like I have a broader interpretation. Scary no? On Tue, Jan 25, 2011 at 1:46 PM, Brewer, Michael <[email protected]<mailto:[email protected]>> wrote: Exactly. The DMCA thing is not part of TEACH. But now it is legal to break encryption for particular purposes, and the use would be covered by TEACH. The amount does not have to be fair (thought it probably would be), just comply with TEACH parameters. TEACH parameters are vague, but they are different than what one would consider for fair use. For example, one does not need to be concerned at all with effect or nature for TEACH as long as the other parameters are met. Just with the amount being appropriate to the pedagogical goal and "reasonable and limited." Michael Brewer Team Leader for Instructional Services University of Arizona Libraries [email protected]<mailto:[email protected]> From: [email protected]<mailto:[email protected]> [mailto:[email protected]<mailto:[email protected]>] On Behalf Of Jessica Rosner Sent: Tuesday, January 25, 2011 11:31 AM To: [email protected]<mailto:[email protected]> Subject: Re: [Videolib] DCMA exemption question It would not have been covered under TEACH until the LOC broadened the rules, since previously any breaking of encryption was limited to film classes, however they did. You do want to make sure the clip be brief enough to be considered "Fair Use" and that it comes from a legal source. On Tue, Jan 25, 2011 at 1:13 PM, Brewer, Michael <[email protected]<mailto:[email protected]>> wrote: This would be covered by TEACH, as long as the other requirements are met. mb Michael Brewer Team Leader for Instructional Services University of Arizona Libraries [email protected]<mailto:[email protected]> -----Original Message----- From: [email protected]<mailto:[email protected]> [mailto:[email protected]<mailto:[email protected]>] On Behalf Of [email protected]<mailto:[email protected]> Sent: Tuesday, January 25, 2011 10:54 AM To: [email protected]<mailto:[email protected]> Subject: Re: [Videolib] DCMA exemption question Hi Jacqueline The recent DMCA ruling is basically about exemptions for circumventing DVD encryption for the purpose of taking out short clips for use in teaching (or other academic enterprises). That's all. The laws relating to the specific USES of those clips are another matter altogether. Generally, I think it would be considerably safer to use the clips in, say, a face-to-face classroom presentation, than the uses you cite. On the other hand, if your institution has a somewhat higher tolerance for risk, I'd say putting the clips (a limited number and short) up on a password protected course web site for the short-term might also fly (again...under fair use, not DMCA). gary handman > Would the DCMA "Exemptions from Prohibition on Circumvention of > Technological Measures that Control Access to Copyrighted Works", > Section > 201 (a)(1) title 17, US Code allow a professor to put a short clip > from a DVD on an electronic course page? I'm thinking no. > > Thanks! > Jacqueline > > -- > Jacqueline L. Protka > Digital Assets and Media Librarian > Corcoran Library, Corcoran Gallery/College of Art + Design > 500 Seventeenth St., NW > Washington, DC 20006 > t. 202-639-1765/f. 202-628-7908 > e. [email protected]<mailto:[email protected]> > www.corcoran.org/library<http://www.corcoran.org/library> > www.facebook.com/corcoranlibrary<http://www.facebook.com/corcoranlibrary> > www.twitter.com/corcoranlibrary<http://www.twitter.com/corcoranlibrary> > > 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. > Gary Handman Director Media Resources Center Moffitt Library UC Berkeley 510-643-8566 [email protected]<mailto:[email protected]> http://www.lib.berkeley.edu/MRC "I have always preferred the reflection of life to life itself." --Francois Truffaut 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. -- Jessica Rosner Media Consultant 224-545-3897 (cell) 212-627-1785 (land line) [email protected]<mailto:[email protected]> 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. -- Jessica Rosner Media Consultant 224-545-3897 (cell) 212-627-1785 (land line) [email protected]<mailto:[email protected]>
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.
