RE: video distribution via DVD to internet students

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

Without addressing the substance of your question, allow me to address
an approach to it.  It appears that you have ywo question, the first is
whether the "reproductions" are lawful, and the second whether the
lawful reproductions may be distributed in the manner you describe.

Ordinarily, if the reproductions are lawful, you are free to distribute
them without the consent of the copyright owner (per Section 109), but
if the lawfulness is based upon a specific privilege such as fair use,
care must be taken that the subsequent distribution not undermine the
basis for the privilege for the reproduction.

And, of course, the question of whether a lawful reproduction carried
out by circumventing an access control measure of a "copy-protected"
video is in an area being hotly debated, and hotly litigated.  I'm not
sure there is a definitive answer yet.

John
___________________
John T. Mitchell
http://interactionlaw.com



>  -----Original Message-----
>  From: Cheek, Pat [mailto:PCheek@xxxxxxxxxxxxxx] 
>  Sent: Wednesday, November 17, 2004 8:22 AM
>  To: digital-copyright@xxxxxxxxxxxxxx
>  Subject: video distribution via DVD to internet students
>  
>  
>  One of our instructors would like to copy segments of a 
>  copyright-protected video to a DVD to distribute to her 
>  students in a rural area where broadband and video streaming 
>  are not options.  Is this allowable?  The DVD's would be 
>  checked out by the  library to only the students enrolled in 
>  the class and the students would be required to return the 
>  DVDs upon completion of the course. Thanks for any help on 
>  this matter.
>  
>  Patricia Cheek
>  Associate Dean, Learning Resource Center and Academic 
>  Support Services Chesapeake College Wye Mills, Maryland 
>  21679 410-827-5860