Re: [Videolib] What the copyright law does and does not sayŠ.. (was: Re: Libraries that stream their own titles)

[Jessica Rosner]

Let me update that is a dorm room, starbucks etc a place "DEVOTED" to
instruction as 110 states it must be.
I see your note above but how can you seriously argue that whatever place a
student happens to be is a place "devoted" to instruction it may be
somewhere where they can access a transmission but it is not devoted to
instruction and it is not "face to face"

On Tue, Sep 30, 2014 at 9:11 PM, Jessica Rosner 
wrote:

> Deg a dorm room/ starbucks is not a "physical place of instruction". you
> want to update 110 go for it but that is not what it says. It is called
> "Face to Face" not watch it online when you have time for a reason.
>
> Just curious if the GSU appeals decision comes down and upholds and
> either further restricts ( as I expect it will) the portions that can be
> used will you or anyone else here accept it as a legal decision that
> clearly states that only small portions of copyrighted works can put online
> even limited to students for classes.
>
> I sometimes feel like it Alice in Wonderland. Apparently there is no legal
> ruling on copyrighted material online except for the one we don't believe
> says what it says.
>
> On Tue, Sep 30, 2014 at 6:02 PM, Deg Farrelly 
> wrote:
>
>>  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" <
>> 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;
>>
>>
>

Re: [Videolib] What the copyright law does and does not sayŠ.. (was: Re: Libraries that stream their own titles)

[Jessica Rosner]

Deg a dorm room/ starbucks is not a "physical place of instruction". you
want to update 110 go for it but that is not what it says. It is called
"Face to Face" not watch it online when you have time for a reason.

Just curious if the GSU appeals decision comes down and upholds and either
further restricts ( as I expect it will) the portions that can be used will
you or anyone else here accept it as a legal decision that clearly states
that only small portions of copyrighted works can put online even limited
to students for classes.

I sometimes feel like it Alice in Wonderland. Apparently there is no legal
ruling on copyrighted material online except for the one we don't believe
says what it says.

On Tue, Sep 30, 2014 at 6:02 PM, Deg Farrelly  wrote:

>  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" <
> 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 

Re: [Videolib] What the copyright law does and does not sayŠ.. (was: Re: Libraries that stream their own titles)

[Dennis Doros]

deg,

That means we can have that class at Max's Tavern! ;-)

Best regards,
Dennis Doros
Milestone Film & Video
PO Box 128 / Harrington Park, NJ 07640
Phone: 201-767-3117 / Fax: 201-767-3035 / Email: milefi...@gmail.com

Visit our main website!  www.milestonefilms.com
Visit our new websites!  www.mspresents.com, www.portraitofjason.com,
www.shirleyclarkefilms.com,
To see or download our 2014 Video Catalog, click here

!


Support "Milestone Film" on Facebook
 and Twitter
!


See the website: Association of Moving Image Archivists
 and like them on Facebook

AMIA 2014 Conference, Savannah, Georgia, October 8-11, 2014


On Tue, Sep 30, 2014 at 6:02 PM, Deg Farrelly  wrote:

>  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" <
> 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, a

[Videolib] What the copyright law does and does not sayŠ.. (was: Re: Libraries that stream their own titles)

[Deg Farrelly]

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>>
 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 
, 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

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