Re: [Videolib] DCMA exemption question

2011-01-25 Thread Shoaf,Judith P
There is other wording that influenced me but I see that you are right-distance ed is not specified, though it is implied. Hmmm!!! Thanks! Judy From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Brewer, Michael Sent: Tuesday, January 25, 2011 3

Re: [Videolib] DCMA exemption question

2011-01-25 Thread ghandman
First, if you rip a clip to show in a classroom, it doesn't really matter if you rip from vhs to DVD...I'd contend that it would still fly under fair use. Secondly, I'd go to the mat defending the practice of putting clips up on a course site by invoking either 107 or TEACH. I don't know if Carri

Re: [Videolib] DCMA exemption question

2011-01-25 Thread Brewer, Michael
I think TEACH qualifies in either sense. The law does not say that the course has to be entirely online. That is the context of the development of this portion of the law, but it isn't part of the law. Most all of our courses these days are taught in a hybrid way that involves both online and

Re: [Videolib] DCMA exemption question

2011-01-25 Thread Shoaf,Judith P
Michael Brewer quoted the register of copyright's recent exception: (1) Motion pictures on DVDs that are lawfully made and acquired and that are protected by the Content Scrambling System when circumvention is accomplished solely in order to accomplish the incorporation of short portions of moti

Re: [Videolib] DCMA exemption question

2011-01-25 Thread Jessica Rosner
Yes Michael my favorite part *"short portions of motion pictures into new works for the purpose of criticism or commen**t" *Otherwises known as transformative use which is the basis of "fair use"* * On Tue, Jan 25, 2011 at 2:30 PM, Brewer, Michael < brew...@u.library.arizona.edu> wrote: > I agr

Re: [Videolib] DCMA exemption question

2011-01-25 Thread Jacqueline Protka
I was thinking along the lines that Judy has laid out. The class is not distance education, but meets regularly in person. The course page is used in lieu of a "course pack" and as a place for posting student writing. My understanding of the faculty member's request is that she wants to embed a

Re: [Videolib] DCMA exemption question

2011-01-25 Thread Brewer, Michael
I agree you could use either TEACH or 107. The1201 rule says nothing about fair use, though it does use some terminology that we associate with fair use: (1) Motion pictures on DVDs that are lawfully made and acquired and that are protected by the Content Scrambling System when circumvention i

Re: [Videolib] DCMA exemption question

2011-01-25 Thread Shoaf,Judith P
Isn't there another aspect of TEACH that is relevant-that is, that it speaks only of distance education courses and not of regular courses that meet in the classroom? The course management system for these 2 types of class might be identical, but I think TEACH addresses only the distance ed, whe

Re: [Videolib] DCMA exemption question

2011-01-25 Thread Jessica Rosner
But the LOC exemption for breaking encryption referred to the portions being covered by "fair use" and of course TEACH specifically exempts full length use of dramatic works and has a number of other issues. I see this as a straight "fair use" issue without TEACH even entering into it. Looks lik

Re: [Videolib] DCMA exemption question

2011-01-25 Thread Brewer, Michael
Exactly. The DMCA thing is not part of TEACH. But now it is legal to break encryption for particular purposes, and the use would be covered by TEACH. The amount does not have to be fair (thought it probably would be), just comply with TEACH parameters. TEACH parameters are vague, but they are

Re: [Videolib] DCMA exemption question

2011-01-25 Thread Jessica Rosner
It would not have been covered under TEACH until the LOC broadened the rules, since previously any breaking of encryption was limited to film classes, however they did. You do want to make sure the clip be brief enough to be considered "Fair Use" and that it comes from a legal source. On Tue, Jan

Re: [Videolib] language from vendors

2011-01-25 Thread Jessica Rosner
Actually Non Theatrical is a phrase which is really from peak of film showings in all sorts of venues from the 50s to the 70s which has been shrinking ever since. At one point there were literally dozens of companies renting films, mostly in 16mm to schools, libraries, film societies, churches, com

Re: [Videolib] DCMA exemption question

2011-01-25 Thread Brewer, Michael
This would be covered by TEACH, as long as the other requirements are met. mb Michael Brewer Team Leader for Instructional Services University of Arizona Libraries brew...@u.library.arizona.edu -Original Message- From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@list

Re: [Videolib] DCMA exemption question

2011-01-25 Thread ghandman
Hi Jacqueline The recent DMCA ruling is basically about exemptions for circumventing DVD encryption for the purpose of taking out short clips for use in teaching (or other academic enterprises). That's all. The laws relating to the specific USES of those clips are another matter altogether. Gen

Re: [Videolib] DCMA exemption question

2011-01-25 Thread Jessica Rosner
I am too tired to find the link, but I am sure Michael or Gary can, but last year the Library of Congress issued new guidelines which basically said you could break encryption to use clips in a manner that would normally qualify for "fair use" so assuming it is "reasonable" clip and I don't want to

Re: [Videolib] language from vendors

2011-01-25 Thread Jackson, Sandra F.
>From a theater operator's perspective: Theatrical tends to apply to a movie theater operated for profit. These theaters charge admission most of the time. I operated a theatrical venue for six years. We did, on rare occasions, show movies for free, but usually these events featured older fi

[Videolib] DCMA exemption question

2011-01-25 Thread Jacqueline Protka
Would the DCMA "Exemptions from Prohibition on Circumvention of Technological Measures that Control Access to Copyrighted Works", Section 201 (a)(1) title 17, US Code allow a professor to put a short clip from a DVD on an electronic course page? I'm thinking no. Thanks! Jacqueline -- Jacquelin

Re: [Videolib] language from vendors

2011-01-25 Thread Elizabeth Sheldon
Dear All, I agree that consistency between vendors would be desirable and these types of questions will become more complex as formats evolve from DVD/ PPR to digital licensing for campuses. My understanding of PPR has to do with contractual definitions, actually, which probably vary from

Re: [Videolib] language from vendors

2011-01-25 Thread ghandman
Pay vs not gary handman > Hi all, > Out of curiosity, not wanting to open pandoras box (it may be inevitable) > > When a vendor (ie, First Run) uses "non-theatrical public performance" > OR > When a vendor (ie, Film Media Group) uses "public performance allowed" > > how are you defining "non-the

Re: [Videolib] language from vendors

2011-01-25 Thread Jackson, Sandra F.
This is also a sticky issue for me. I run a campus movie theater that has 358 seats. We sometimes have a campus group or a professor who wants to show a movie from the library collection in the theater and open it to the campus. They think that if the library has a copy and it comes with a sp

[Videolib] Need help locating a math video

2011-01-25 Thread Jean Reese
Good Morning, I am trying to find a math video to replace a vhs tape which was withdrawn from our collection. The tape was from Spokane Educational Video from the series Spokane's Mathematics Inservice on Demand (date around 1986.) The particular title needed by the faculty member is Finite D