Hi, Lowell The TEACH Act does not actually forbid the use of an entire audiovisual or dramatic work. Rather it states that you can use "reasonable and limited portions" of these types of works. Keep in mind that some thought needs to go into the use of the entire audiovisual or dramatic work. A congressional report put out in 2006 states that: “Although what constitutes a “reasonable and limited portion” of a work is not defined in the statute, the legislative history of the Act suggests that determining what amount is permissible should take into account the nature of the market for that type of work and the instructional purposes of the performance. For example, the exhibition of an entire film may possibly constitute a “reasonable and limited” demonstration if the film’s entire viewing is exceedingly relevant toward achieving a educational goal.”
If you want to consider utilizing the TEACH Act to providing streaming access for this film keep in mind that your institution must satisfy the points of compliance outlined in the Act. Peggy Hoon from UNCC has put together an wonderful informational website on the TEACH Act and developed excellent checklists that can help you work through the points of compliance: http://copyright.uncc.edu/. And, as others have pointed out, you can also consider fair use for streaming the film online! Best, Carla From: [email protected] [mailto:[email protected]] On Behalf Of Jessica Rosner Sent: Tuesday, August 18, 2015 2:53 PM To: [email protected] Subject: Re: [Videolib] Copyright question: American Playhouse Films Well for starters youtube is not a legal copy so you can't use that andyou can't use an entire drama under the TEACH act even if you found a legal copy, basically you will have to try to find out who the owner is and if they will license it though older TV titles tend to be very difficult to track down Lastly it is not public performance rights but streaming rights you would be looking for. Jessica On Tue, Aug 18, 2015 at 4:40 PM, Lowell Lybarger <[email protected]<mailto:[email protected]>> wrote: My apologies in advance if this topic was already covered at length. We have instructors at my university who would like to have their distance-education students watch the American Playhouse version of A Raisin in the Sun (1989) that is currently available through YouTube. This version was directed by Bill Duke and features Danny Glover and Esther Rolle. Do American Playhouse films require public performance rights? The URL would be posted on a web course through Blackboard. Lowell Lybarger 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.
