It is not fair use. It is TEACH. Fair use may be used to justify these sorts of
things, but if that is the case, each case would have to be looked at
individually. Also, TEACH does set some limitations on amount, though they are
vague ("limited and reasonable"). While there are arguments as to whether or
not limited and reasonable could constitute an entire work (if that is what is
required by the instructional purpose), I think most see this as meaning that
entire works would not fall under TEACH.
mb
Michael Brewer | Librarian | Head, Research & Learning |
[email protected]<mailto:[email protected]>
From: [email protected]
[mailto:[email protected]] On Behalf Of Jodie Borgerding
Sent: Friday, February 19, 2016 9:27 AM
To: [email protected]
Subject: Re: [Videolib] TEACH act implementation for distance ed video
I didn't come up with this guideline so please don't roast me if my institution
is not interpreting this correctly. I think another department on campus came
up with this years ago, but if it's wrong then I will gladly pass the comments
along to the appropriate department for their consideration. My institution
uses three codes/acts to justify digitizing and posting entire audiovisual
works for strictly online only courses within the LMS.
SCENARIO: A teacher wishes to digitize and transmit copyrighted media either in
portions or in its entirety to her online class for instructional purposes.
GUIDELINE: This is fair use as long as it is restricted to students officially
enrolled in the course and technological measures are applied that prevent the
retention of the work for longer than the class session and prevent
unauthorized further dissemination of the work. Please note that depending on
the length of the work, there may be technical limitations associated with
bandwidth and storage. Each case must be coordinated with the instructor's
course developer in the Online Learning Center. In all cases, the instructor
should ensure that the copyright notice is included in the transmission.
Sources: U.S. Code, Title 17, Section 110 (Limitations on exclusive rights:
Exemption of certain performances and
displays<http://uscode.house.gov/view.xhtml?hl=false&edition=prelim&req=granuleid%3AUSC-prelim-title17-section110&num=0&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGUxNy1zZWN0aW9uMTEw%7C%7C%7C0%7Cfalse%7Cprelim>;
U.S. Code, Title 17, Section 112 (Limitations on exclusive rights: Ephemeral
Recordings)<http://uscode.house.gov/view.xhtml?hl=false&edition=prelim&req=granuleid%3AUSC-prelim-title17-section112&num=0&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGUxNy1zZWN0aW9uMTEw%7C%7C%7C0%7Cfalse%7Cprelim>
Subtitle C of Title III of Public Law 107-273: The 21st Century Department of
Justice Appropriations Authorization Act (AKA The Technology, Education, and
Copyright Harmonization Act of 2002 (TEACH Act).
<https://www.govinfo.gov/content/pkg/PLAW-107publ273/pdf/PLAW-107publ273.pdf>
Another department on campus handles LMS content for online only courses, the
library is not involved at all so I'm not sure what the exact technological
measures are to prevent retention of the work longer than the class period or
prevent unauthorized dissemination. I do know that the digitization and posting
will only be done for works owned by the university, whether it would be in the
library collection, a department only collection, or something like that. If
the work is the professor's personal copy, they won't digitize and post any
portion of it.
If the course is a web-enhanced or meets face-to-face, then this guideline does
not apply and only portions of the audiovisual work can be posted with the LMS.
Jodie
________________________________________
Jodie Borgerding, MLS
Instruction and Liaison Librarian
Missouri Library Association President
Webster University Library
470 E. Lockwood
St. Louis, MO 63119
(314) 246-7819
[email protected]<mailto:[email protected]>
http://library.webster.edu<http://library.webster.edu/>
http://molib.org<http://molib.org/>
From:
[email protected]<mailto:[email protected]>
[mailto:[email protected]] On Behalf Of Sarah E. McCleskey
Sent: Thursday, February 18, 2016 4:10 PM
To: [email protected]<mailto:[email protected]>
Subject: Re: [Videolib] TEACH act implementation for distance ed video
Hi Friday,
TEACH does not allow streaming of audiovisual works in their entirety. TEACH
allows only "reasonable and limited portions." (I interpret that as short
clips, but other will have different interpretations.)
You cannot rely on TEACH to stream full films.
Sarah McCleskey
[email protected]<mailto:[email protected]>
________________________________
From:
[email protected]<mailto:[email protected]>
<[email protected]<mailto:[email protected]>>
on behalf of 'Friday Valentine'
<[email protected]<mailto:[email protected]>>
Sent: Thursday, February 18, 2016 4:25 PM
To: [email protected]<mailto:[email protected]>
Subject: [Videolib] TEACH act implementation for distance ed video
Hi all,
Has anyone implemented the TEACH Act successfully for distance ed video
(specifically full movies on your LMS system)? The stuff I am finding says "no
full movies" but it is some years old.
Thanks in advance,
Friday V.
--
(Ms.) Friday Valentine, MLS
Digital Assets Curator
Chemeketa Community College
Salem, Oregon
503.399.5168, Bldg. 9, Rm. 211
[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.
