I think TEACH qualifies in either sense. The law does not say that the course has to be entirely online. That is the context of the development of this portion of the law, but it isn't part of the law. Most all of our courses these days are taught in a hybrid way that involves both online and F2F. The key point, I think, is that the content that is used has to be an integral part of the course. Here is the key language:
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; The law really says nothing about it having to be online or distance, though that was the initial reason for this portion of the section. It does say that section only covers mediated instructional activities of accredited educational institutions. That could be at distance, hybrid, or even, I would posit, in a F2F class. I see no language that would exclude that. mb 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 Jacqueline Protka Sent: Tuesday, January 25, 2011 12:42 PM To: [email protected] Subject: Re: [Videolib] DCMA exemption question I was thinking along the lines that Judy has laid out. The class is not distance education, but meets regularly in person. The course page is used in lieu of a "course pack" and as a place for posting student writing. My understanding of the faculty member's request is that she wants to embed a clip of the DVD into the course page so that she can show students a segment of the film without using class time, but avoid the potential nightmare of trying to communicate which portion of the DVD students should watch and requiring them to individually check out the DVD on reserve and watch it in the Library (if you link it, they will click it, but if you put it on reserve in the library you will hear crickets chirping during class discussion). To me it feels equivalent to a request to transfer a clip of a VHS to DVD because the DVD format is more convenient. That said, I'm intrigued that several of you are advocating to give it a try per the 2010 DCMA exemption. We are not prepared to be trailblazers, but why not use a tool someone fought so hard to get? Thanks for the responses so far. Best, Jacqueline From: [email protected] [mailto:[email protected]] On Behalf Of Shoaf,Judith P Sent: Tuesday, January 25, 2011 2:20 PM To: [email protected] Subject: Re: [Videolib] DCMA exemption question Isn't there another aspect of TEACH that is relevant-that is, that it speaks only of distance education courses and not of regular courses that meet in the classroom? The course management system for these 2 types of class might be identical, but I think TEACH addresses only the distance ed, where the course management system constitutes the "classroom" and therefore students need to have the same kinds of materials available as are available to students in a classroom (except, of course, screenings of complete films in a film class, as Jessica notes). Thus if I am teaching a distance-ed course 100% online, I can use not only fair use but also some of the more liberal face-to-face teaching permissions. But if I am teaching a course with 3 contact hours/week complemented by an online site that is basically a "course pack," meant to be consulted as homework and used outside class, it falls outside TEACH. Or am I mistaken? That would be nice. Judy From: [email protected] [mailto:[email protected]] On Behalf Of Brewer, Michael Sent: Tuesday, January 25, 2011 1:46 PM To: [email protected] Subject: Re: [Videolib] DCMA exemption question 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]] On Behalf Of Jessica Rosner Sent: Tuesday, January 25, 2011 11:31 AM To: [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.
