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<mailto:videolib-requ...@lists.berkeley.edu>" <videolib-requ...@lists.berkeley.edu<mailto: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 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.
