RE: query

["John T. Mitchell" <John@xxxxxxxxxxxxxxxxxx>]

My immediate reaction is that if playing the entire movie was lawful in
the classroom, then it should also be lawful to stream it to the class,
so long as it is just to the class.  My reason for saying so is that
playing the movie in class is a public performance, which is the only
copyright in issue here.  Streaming is also a public performance.  To
put it another way, the question is whether you can perform the work
publicly pursuant to Section 107 of the Copyright Act (leaving TEACH out
of the analysis).  If the answer is "yes," then it should make no
difference whether you perform the work to a group of 30 students
sitting in a classroom or the same 30 students logging on through the
Internet.  Both are public performances, no more, no less.

(I can't offer this as legal advice, but just my approach to the issue
you raised.) 

John

______________________
John T. Mitchell
http://interactionlaw.com
1-202-415-9213


>  -----Original Message-----
>  From: David Kaufman [mailto:David.Kaufman@xxxxxxx] 
>  Sent: Wednesday, July 30, 2003 5:56 PM
>  To: digital-copyright@xxxxxxxxxxxxxx
>  Subject: query
>  
>  
>  Recently a faculty member at our university asked if we 
>  would stream some videos.  Our policy has been to stream 
>  small portions of content and limit their use to web 
>  enhanced courses located on our Blackboard server.  
>  Streaming is via proxy so none of the content can be 
>  downloaded, only viewed by the student.  These segments are 
>  turned on and off according to their occurrence in the 
>  faculty member's course syllabus.  We believe our actions 
>  meet the requirements of TEACH.  Here is the question.  This 
>  particular faculty member wants to stream a full length 
>  Hollywood produced film.  It is a film regularly shown in a 
>  traditional class.  Now that the course is web enhanced the 
>  faculty member feels streaming the content does not violate 
>  fair use.  We need an opinion on this.  
>   
>  Thanks for any assistance you can provide.
>   
>  David E. Kaufman
>  Interim Dean of Library Services and
>  Director of Academic Computing
>  400 East University Way
>  Ellensburg, WA 98926-7548
>  ph: 509.963.1973
>  fx:  509.963.3684
>  
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