Re: digital-copyright Digest 11 Nov 2004 16:00:00 -0000 Issue 444

["Carrie Russell" <crussell@xxxxxxxxxxx>]

Jeffrey:
Jed is right. You are not missing much.  TEACH has got its
problems.  Sounds like what you want to do may fall under
fair use (section 107).
-carrie




----------------------------------------------------------------------
Date: Wed, 10 Nov 2004 12:05:37 -0500
To: digital-copyright@xxxxxxxxxxxxxx 
From: Jeffrey La Favre <jlafavre@xxxxxxx>
Subject: Making copies of video from DVD and TEACH Act
Message-Id: <74c1c488.9d24fc5b.9458a00@xxxxxxxxxxxxxxxxx>

I am in the process of trying to understand the TEACH Act.  
In particular, I am trying to decipher the meaning of 
section 110(2)(D) of copyright law: "[The institution]does 
not engage in conduct that could reasonably be expected to 
interfere with technological measures used by copyright 
owners to prevent such retention or unauthorized further 
dissemination;"

It would be of great advantage to copy video from DVD in 
order to make clips for streaming from a media server.  
However, my understanding is that nearly all video on DVD 
has some type of digital rights management (DRM). For 
example, 
Content-Scrambling System (CSS)is used to prevent the making 
of a digital copy. It is not difficult to get around CSS 
when importing the video into a computer for the purpose of 
making a video clip.  But when this is done, the clip no 
longer contains CSS. If I make a video clip in this manner, 
am I engaging in conduct that  interferes with a 
technological measure used by the copyright owner?  If so, 
then it seems to me that very little copyrighted video (or 
audio) can be provided to students according to the TEACH 
Act.  Why? Because nearly all video and music on CD has some 
form of DRM. And in order to make copies for streaming, one 
will invariably remove DRM from the medium. So then the 
TEACH Act is essentially worthless in its provisions to 
allow 
the streaming of video and audio?  What am I missing?

------------------------------

Date: Wed, 10 Nov 2004 14:55:37 -0500
To: <jlafavre@xxxxxxx>, <digital-copyright@xxxxxxxxxxxxxx>
From: "Jed Horovitz" <JedH@xxxxxxxxxxxxxxxxxxxxxxxx>
Subject: RE: Making copies of video from DVD and TEACH Act
Message-ID:
<NEBBLGKGIJFFHOFFCKLHMEBBHIAA.JedH@xxxxxxxxxxxxxxxxxxxxxxxx>

Not much.

-----Original Message-----
From: Jeffrey La Favre [mailto:jlafavre@xxxxxxx] 
Sent: Wednesday, November 10, 2004 12:06 PM
To: digital-copyright@xxxxxxxxxxxxxx 
Subject: Making copies of video from DVD and TEACH Act

I am in the process of trying to understand the TEACH Act.
In particular, I am trying to decipher the meaning of
section 110(2)(D) of copyright law: "[The institution]does
not engage in conduct that could reasonably be expected to
interfere with technological measures used by copyright
owners to prevent such retention or unauthorized further
dissemination;"

It would be of great advantage to copy video from DVD in
order to make clips for streaming from a media server.
However, my understanding is that nearly all video on DVD
has some type of digital rights management (DRM). For
example,
Content-Scrambling System (CSS)is used to prevent the making
of a digital copy. It is not difficult to get around CSS
when importing the video into a computer for the purpose of
making a video clip.  But when this is done, the clip no
longer contains CSS. If I make a video clip in this manner,
am I engaging in conduct that  interferes with a
technological measure used by the copyright owner?  If so,
then it seems to me that very little copyrighted video (or
audio) can be provided to students according to the TEACH
Act.  Why? Because nearly all video and music on CD has some
form of DRM. And in order to make copies for streaming, one
will invariably remove DRM from the medium. So then the
TEACH Act is essentially worthless in its provisions to
allow
the streaming of video and audio?  What am I missing?

------------------------------

End of digital-copyright Digest
***********************************

Carrie Russell, Copyright Specialist
American Library Association
Office for Information Technology Policy
1301 Pennsylvania Avenue, NW  Suite 403
Washington, DC 20004-1701
(202)628-8421
crussell@xxxxxxxxxxx