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 Carrie Russell wants to weigh in, but as I recall, she supported the interpretation of TEACH to extend to regular, asynchronous instruction.
Thirdly: as I said previously, the DMCA exemption only speaks to breaking encryption for the purpose of taking out clips. It in NO WAY addressed what you can or can't do with those clips after your rip them. gary handman > 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 > clip of the DVD into the course page so that she can show students a > segment of the film without using class time, but avoid the potential > nightmare of trying to communicate which portion of the DVD students > should watch and requiring them to individually check out the DVD on > reserve and watch it in the Library (if you link it, they will click it, > but if you put it on reserve in the library you will hear crickets > chirping during class discussion). To me it feels equivalent to a request > to transfer a clip of a VHS to DVD because the DVD format is more > convenient. That said, I'm intrigued that several of you are advocating to > give it a try per the 2010 DCMA exemption. We are not prepared to be > trailblazers, but why not use a tool someone fought so hard to get? > > Thanks for the responses so far. > Best, > Jacqueline > > From: videolib-boun...@lists.berkeley.edu > [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Shoaf,Judith P > Sent: Tuesday, January 25, 2011 2:20 PM > To: videolib@lists.berkeley.edu > Subject: Re: [Videolib] DCMA exemption question > > 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, where the course management system constitutes the "classroom" and > therefore students need to have the same kinds of materials available as > are available to students in a classroom (except, of course, screenings > of complete films in a film class, as Jessica notes). Thus if I am > teaching a distance-ed course 100% online, I can use not only fair use but > also some of the more liberal face-to-face teaching permissions. But if I > am teaching a course with 3 contact hours/week complemented by an online > site that is basically a "course pack," meant to be consulted as homework > and used outside class, it falls outside TEACH. > > Or am I mistaken? That would be nice. > > Judy > > From: videolib-boun...@lists.berkeley.edu > [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Brewer, Michael > Sent: Tuesday, January 25, 2011 1:46 PM > To: videolib@lists.berkeley.edu > Subject: Re: [Videolib] DCMA exemption question > > 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 different than what one would consider for fair use. For example, one > does not need to be concerned at all with effect or nature for TEACH as > long as the other parameters are met. Just with the amount being > appropriate to the pedagogical goal and "reasonable and limited." > > Michael Brewer > Team Leader for Instructional Services > University of Arizona Libraries > brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu> > > From: videolib-boun...@lists.berkeley.edu > [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner > Sent: Tuesday, January 25, 2011 11:31 AM > To: videolib@lists.berkeley.edu > Subject: Re: [Videolib] DCMA exemption question > > 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 25, 2011 at 1:13 PM, Brewer, Michael > <brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu>> > wrote: > 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<mailto:brew...@u.library.arizona.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 > ghand...@library.berkeley.edu<mailto:ghand...@library.berkeley.edu> > Sent: Tuesday, January 25, 2011 10:54 AM > To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu> > Subject: Re: [Videolib] DCMA exemption question > > 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. Generally, I > think it would be considerably safer to use the clips in, say, a > face-to-face classroom presentation, than the uses you cite. On the other > hand, if your institution has a somewhat higher tolerance for risk, I'd > say putting the clips (a limited number and short) up on a password > protected course web site for the short-term might also fly (again...under > fair use, not DMCA). > > gary handman > > >> 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 >> >> -- >> Jacqueline L. Protka >> Digital Assets and Media Librarian >> Corcoran Library, Corcoran Gallery/College of Art + Design >> 500 Seventeenth St., NW >> Washington, DC 20006 >> t. 202-639-1765/f. 202-628-7908 >> e. jpro...@corcoran.org<mailto:jpro...@corcoran.org> >> www.corcoran.org/library<http://www.corcoran.org/library> >> www.facebook.com/corcoranlibrary<http://www.facebook.com/corcoranlibrary> >> www.twitter.com/corcoranlibrary<http://www.twitter.com/corcoranlibrary> >> >> 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. >> > > > Gary Handman > Director > Media Resources Center > Moffitt Library > UC Berkeley > > 510-643-8566 > ghand...@library.berkeley.edu<mailto:ghand...@library.berkeley.edu> > http://www.lib.berkeley.edu/MRC > > "I have always preferred the reflection of life to life itself." > --Francois Truffaut > > > 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. > > > > -- > Jessica Rosner > Media Consultant > 224-545-3897 (cell) > 212-627-1785 (land line) > jessicapros...@gmail.com<mailto:jessicapros...@gmail.com> > 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. > Gary Handman Director Media Resources Center Moffitt Library UC Berkeley 510-643-8566 ghand...@library.berkeley.edu http://www.lib.berkeley.edu/MRC "I have always preferred the reflection of life to life itself." --Francois Truffaut 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.
