I didn't come up with this guideline so please don't roast me if my institution is not interpreting this correctly. I think another department on campus came up with this years ago, but if it's wrong then I will gladly pass the comments along to the appropriate department for their consideration. My institution uses three codes/acts to justify digitizing and posting entire audiovisual works for strictly online only courses within the LMS.
SCENARIO: A teacher wishes to digitize and transmit copyrighted media either in portions or in its entirety to her online class for instructional purposes. GUIDELINE: This is fair use as long as it is restricted to students officially enrolled in the course and technological measures are applied that prevent the retention of the work for longer than the class session and prevent unauthorized further dissemination of the work. Please note that depending on the length of the work, there may be technical limitations associated with bandwidth and storage. Each case must be coordinated with the instructor's course developer in the Online Learning Center. In all cases, the instructor should ensure that the copyright notice is included in the transmission. Sources: U.S. Code, Title 17, Section 110 (Limitations on exclusive rights: Exemption of certain performances and displays <http://uscode.house.gov/view.xhtml?hl=false&edition=prelim&req=granuleid%3A USC-prelim-title17-section110&num=0&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl 0bGUxNy1zZWN0aW9uMTEw%7C%7C%7C0%7Cfalse%7Cprelim> ; U.S. Code, Title 17, Section 112 <http://uscode.house.gov/view.xhtml?hl=false&edition=prelim&req=granuleid%3A USC-prelim-title17-section112&num=0&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl 0bGUxNy1zZWN0aW9uMTEw%7C%7C%7C0%7Cfalse%7Cprelim> (Limitations on exclusive rights: Ephemeral Recordings) Subtitle C of Title III of Public Law 107-273: The 21st Century Department of Justice Appropriations Authorization Act (AKA The Technology, Education, and Copyright Harmonization Act of 2002 (TEACH Act). <https://www.govinfo.gov/content/pkg/PLAW-107publ273/pdf/PLAW-107publ273.pdf > Another department on campus handles LMS content for online only courses, the library is not involved at all so I'm not sure what the exact technological measures are to prevent retention of the work longer than the class period or prevent unauthorized dissemination. I do know that the digitization and posting will only be done for works owned by the university, whether it would be in the library collection, a department only collection, or something like that. If the work is the professor's personal copy, they won't digitize and post any portion of it. If the course is a web-enhanced or meets face-to-face, then this guideline does not apply and only portions of the audiovisual work can be posted with the LMS. Jodie ________________________________________ Jodie Borgerding, MLS Instruction and Liaison Librarian Missouri Library Association President Webster University Library 470 E. Lockwood St. Louis, MO 63119 (314) 246-7819 [email protected] <mailto:[email protected]> http://library.webster.edu <http://library.webster.edu/> http://molib.org <http://molib.org/> From: [email protected] [mailto:[email protected]] On Behalf Of Sarah E. McCleskey Sent: Thursday, February 18, 2016 4:10 PM To: [email protected] Subject: Re: [Videolib] TEACH act implementation for distance ed video Hi Friday, TEACH does not allow streaming of audiovisual works in their entirety. TEACH allows only "reasonable and limited portions." (I interpret that as short clips, but other will have different interpretations.) You cannot rely on TEACH to stream full films. Sarah McCleskey [email protected] <mailto:[email protected]> _____ From: [email protected] <mailto:[email protected]> <[email protected] <mailto:[email protected]> > on behalf of 'Friday Valentine' <[email protected] <mailto:[email protected]> > Sent: Thursday, February 18, 2016 4:25 PM To: [email protected] <mailto:[email protected]> Subject: [Videolib] TEACH act implementation for distance ed video Hi all, Has anyone implemented the TEACH Act successfully for distance ed video (specifically full movies on your LMS system)? The stuff I am finding says "no full movies" but it is some years old. Thanks in advance, Friday V. -- (Ms.) Friday Valentine, MLS Digital Assets Curator Chemeketa Community College Salem, Oregon 503.399.5168, Bldg. 9, Rm. 211 [email protected] <mailto:[email protected]>
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.
