Re: From the Chronicle of Higher Education

[Jeffrey Clark <clarkjc@xxxxxxx>]

George,

Since I'm the "chicken little" (my term) who was quoted in this article on 
behalf of CCUMC, I suppose I'm in as good a position as anyone to offer an 
observation about what Allan Adler commented on.

My take is that Mr. Adler is probably right--strictly according to terms of 
TEACH. Right now, it looks unlikely to me that very many copyrighted works 
eligible for TEACH would be (let alone have been) released only in a 
digital version, and at that in a digital version that could be a problem 
for use over digital networks. (I suppose you'd have to except works and 
formats like DVDs, which aren't network ready and are technically 
protected... but I have to add here that in my talk with the Chronicle 
reporter I did not specifically mention either DVDs or CDs, as a reader 
might conclude. And anyway, it's only the partial unique content of most 
DVDs that wouldn't be available on analog videocassette in most cases.)

That's the only type of work, it seems to me, that might be subject to a 
conflict between TEACH and lack of a DMCA 1201 exception. And I agree that 
it's likely to be a "very rare" occurrence. In fact, I think TEACH may spur 
copyright owners to offer more of their works in a digital, TEACH-friendly 
format. (Excepting those Hollywood movies, of course!)

The nuisance of digitizing an analog work only comes into play when that's 
the only version of the work available, or when the digital version has 
protective measures unfriendly to DE--which would make it might tempting 
and convenient to be able to disable those measures rather than to digitize 
an analog version. But it's a nuisance that educators just have to live 
with.

Jeff

> ----------------------------------------------------------------------
> Date: Tue, 18 Mar 2003 10:42:52 EDT
> To: "Neal Pomea" <npomea@xxxxxxxx>, digital-copyright@xxxxxxxxxxxxxx
> From: "George L. Abbott" <glabbott@xxxxxxxxxxxxxxx>
> Subject: Re: From the Chronicle of Higher Education
> Message-ID: <3E76F82C.19596.373525F@localhost>
>
> The comment in the last paragraph of this article that this kind of
> conflict would be "very rare" seems odd.   Mr. Alder uses as his
> argument that analog versions are available but to use print materials
> at a distance one would presumeably have to digitize, or at least scan
> to image, unless you are considering correspondance courses.  This
> would place an additional burden on the colleges to employ staff to
> digitize or scan from print resources that are already available
> digitially  but subject to technological barriers.  This also does not
> speak to  audio or video materials which are increasing used in distance
> education.
>
> .
>
> Date sent:      	Tue, 18 Mar 2003 08:04:58 -0500
> From:           	"Neal Pomea" <npomea@xxxxxxxx>
> Organization:   	University of Maryland University College
> To:             	digital-copyright@xxxxxxxxxxxxxx
> Subject:        	From the Chronicle of Higher Education
>
> > *  A GROUP REPRESENTING COLLEGE MEDIA CENTERS is warning the
> >    U.S. Copyright Office about a possible conflict between two
> >    federal laws, one meant to limit electronic access to
> >    copyrighted material and the other designed to broaden access to
> >    the same material for online education. --> SEE
> >    http://chronicle.com/free/2003/03/2003031801t.htm
> > --
> > Neal Pomea
> > Information and Library Services
> > University of Maryland University College
> > 3501 University Blvd. East
> > Adelphi, MD 20783
> >
> > Phone: 301-985-7579 or 1-800-283-6832, ext. 7209
> > Fax:   301-985-7870
> > npomea@xxxxxxxx
> >
> > ---------------------------------------------------------------------
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>
> George L. Abbott
> Head, Media Services Department
> Syracuse University Library
> Syracuse, NY 13244-2010
> (V) 315-443-2438
> (F) 315-443-9510
> Internet: glabbott@xxxxxxx
>
> ------------------------------
>
> End of digital-copyright Digest
> ***********************************



**********
Jeff Clark
Director
Media Resources (MSC 1701)
James Madison University
clarkjc@xxxxxxx
540-568-6770 (voice)
540-568-3405 (fax)