Michael Brewer quoted the register of copyright's recent exception: (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. Note that this exception says EDUCATIONAL USES but does not i restrict those uses to the classroom (as the previous rulemaking did: "educational use in the classroom" http://www.copyright.gov/1201/2006/ ). So, while TEACH does not deal with ordinary courses with online homework materials, this exception, by not qualifying "educational uses" in any way, seems to me to allow use of such clips in any way the instructor judges appropriate for the students, whether in the classroom/distance-ed or in the online "course pack." "Short portions" surely invokes fair use. So the rationale for including the clip in the course management system is fair use, not TEACH. The rationale for digitizing it is the exception made above, with its liberal "educational use." Judy
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.
