The teach act does indeed cover fiction. The law reads “the performance of a 
nondramatic literary or musical work or reasonable and limited portions of any 
other work.” What it says is that teach covers (in their entirety, assuming all 
other conditions are met) nondramatic literary or musical works, but only 
covers other works in limited portions. For the most part, film falls under 
“other work,” here, regardless of whether or not the film is documentary, 
fictional, etc.

mb

Michael Brewer | Librarian | Head, Research & Learning | 
brew...@email.arizona.edu<mailto:brew...@email.arizona.edu>

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner
Sent: Tuesday, April 05, 2016 12:41 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] using short films for an online class

Um Teach Act does not cover works of fiction so could only potentially apply to 
documentary shorts

On Tue, Apr 5, 2016 at 3:37 PM, Bergman, Barbara J 
<barbara.berg...@mnsu.edu<mailto:barbara.berg...@mnsu.edu>> wrote:
Indieflix has quite a few shorts. And is a cheap individual subscription. I've 
found films there that weren't available elsewhere. Ditto for Amazon Instant 
Video and Vimeo. https://www.indieflix.com/

Since the class is completely online, I'd look to Fair Use vs the TEACH Act. 
Since it's a film studies class, they are doing criticism and analysis.

Barb Bergman | Media Services & Interlibrary Loan Librarian | Minnesota State 
University, Mankato | (507) 389-5945<tel:%28507%29%20389-5945> | 
barbara.berg...@mnsu.edu<mailto:barbara.berg...@mnsu.edu>


-----Original Message-----
From: 
videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu> 
[mailto:videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu>]
 On Behalf Of Maureen Tripp
Sent: Tuesday, April 05, 2016 8:25 AM
To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu>
Subject: [Videolib] using short films for an online class
A faculty member will be teaching an online class on the short film, and wants 
to use (obviously) a bunch of short films as part of the class.  Meaning she 
wants to post them online.
We have many of the films as part of DVD collections we've purchased--for 
example, Academy Award Nomanated Short Films, or Best of Resfest.
It's my understanding that these films are complete works, and therefore can't 
be used in their entirety online.
But it's proving very difficult to find out who owns the rights to all these 
films--is there any possibility that I'm wrong, and that, as portions of a 
collection, a case could be made that using them online is like using parts of 
a complete work?
help me, collective wisdom . . .
Maureen

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.

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.

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