Wow First the youtube copy was NOT a legal copy so you can never use it. Second the idea that if a "film’s entire viewing is exceedingly relevant toward achieving a educational goal.” it is OK to stream an entire film is well nuts and goes against both the words of the TEACH ACT itself and established copyright law including the two very recent cases of Georgia State and Google books where the courts were VERY clear that only portions of larger works could qualify as "fair use". While there is not exact amount that can cover every case both of the above were again crystal clear that there were limitations and ironically one of main elements in the history of determining "fair use " in those and other cases is if the use infringes on the core or heart of a work, thus several of the GSU uses were determined to violate fair use. I don't see how entire work is a "reasonable and limited portion" let alone one that does not get to core of copyrighted work.
If it was OK to stream a work for being "exceedingly relevant towards achieving and educational goal" copyright at least in education would cease to exist and there would also be no point in deciding "fair use" if it covered entire films or works as long as they were for education. On Thu, Aug 20, 2015 at 1:58 PM, Carla Myers <cmye...@uccs.edu> wrote: > Hi, Lowell > > The TEACH Act does not actually forbid the use of an entire audiovisual or > dramatic work. Rather it states that you can use "reasonable and limited > portions" of these types of works. Keep in mind that some thought needs to > go into the use of the entire audiovisual or dramatic work. A congressional > report put out in 2006 states that: > > “Although what constitutes a “reasonable and limited portion” of a work is > not defined in the statute, the legislative history of the Act suggests > that determining what amount is permissible should take into account the > nature of the market for that type of work and the instructional purposes > of the performance. For example, the exhibition of an entire film may > possibly constitute a “reasonable and limited” demonstration if the film’s > entire viewing is exceedingly relevant toward achieving a educational goal.” > > > > If you want to consider utilizing the TEACH Act to providing streaming > access for this film keep in mind that your institution must satisfy the > points of compliance outlined in the Act. Peggy Hoon from UNCC has put > together an wonderful informational website on the TEACH Act and developed > excellent checklists that can help you work through the points of > compliance: http://copyright.uncc.edu/. > > > > And, as others have pointed out, you can also consider fair use for > streaming the film online! > > > > Best, > > Carla > > > > *From:* videolib-boun...@lists.berkeley.edu [mailto: > videolib-boun...@lists.berkeley.edu] *On Behalf Of *Jessica Rosner > *Sent:* Tuesday, August 18, 2015 2:53 PM > *To:* videolib@lists.berkeley.edu > *Subject:* Re: [Videolib] Copyright question: American Playhouse Films > > > > Well for starters youtube is not a legal copy so you can't use that > andyou can't use an entire drama under the TEACH act even if you found a > legal copy, basically you will have to try to find out who the owner is > and if they will license it though older TV titles tend to be very > difficult to track down > > > > Lastly it is not public performance rights but streaming rights you would > be looking for. > > > > > > > > > > Jessica > > > > On Tue, Aug 18, 2015 at 4:40 PM, Lowell Lybarger <llybar...@atu.edu> > wrote: > > My apologies in advance if this topic was already covered at length. > > > > We have instructors at my university who would like to have their > distance-education students watch the American Playhouse version of *A > Raisin in the Sun* (1989) that is currently available through YouTube. > This version was directed by Bill Duke and features Danny Glover and Esther > Rolle. Do American Playhouse films require public performance rights? The > URL would be posted on a web course through Blackboard. > > > > Lowell Lybarger > > > > > 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 > > 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.
