RE: Streaming video and non-public performance

["Bloomhardt, Paul F @ JSC" <Paul.Bloomhardt@xxxxxxxxxxx>]

The subject of fair use to use streaming video in education appears to
be open to a wide range of interpretation from what I've been able to
see from other postings.

So here's a further question about streaming video - non-public
performance, this time....

FAIR USE IN ONLINE-COURSE DELIVERY:

An instructor who is considering doing a History of Jazz online class
wants to include streaming video and audio as part of the online course
content. Can he use any of the following without explicit permission,
using the fair use, educational defense as justification? The material
will be available only during the proscribed course term (time limited),
available only to registered students (limited access) and controlled by
Blackboard CMS rights and privileges (enforced security). The course
will be offered by an accredited educational institution (State
College). No public access will be permitted.

Sample content:

1.  Streaming video excerpts from the PBS series on JAZZ, including
performance clips
2.  Streaming video newsreel footage of Jazz performance
3.  Streaming video excerpts from a theatrical film about Jazz greats
4.  Streaming video clips of historic jazz player performance, origin
unknown
5.  Streaming audio of jazz recording (excerpt)
6.  Streaming audio of jazz recording (entire song)

I've seen a variety of opinions, though many seem to lean toward a more
open, liberal interpretation... What do you think? And if fair use
allowances were assumed, would a technical effort to prevent downloading
the material have to be overtly demonstrated, or would a verbal warning
suffice?


Paul Bloomhardt, JSC Blackboard Administrator
Media Services and Instructional Technology
Johnson State College
Johnson, Vermont
paul.bloomhardt@xxxxxxxxxxxxxxxxxx













> From: John Mitchell <john@xxxxxxxxxxxxxxxxxx>

> Deg misstates my position. Of course, purchasing a copy does not carry
with
> it the right to stream (or to perform it publicly).

<snip>
>
> Sorry for the rant, but I generally agree with all Deg says except for
his
> mischaracterization of what I said. When I referred to no separate
right to
> stream it, I am referring to a right separate from the right of public
> performance. I am not suggesting at all that ownership gives the right
to
> perform it publicly, but there is only one right of public
performance.