Re: digital-copyright Digest 15 Mar 2005 16:00:00 -0000 Issue 491

[hoon@xxxxxxxx]

The professor can do Nos. 1-5, if he meets the requirements of the TEACH
Act, the new section 110(2) of the Copyright Act.  See the list at
www.lib.ncsu.edu/scc/teachkit

This presupposes that the institution has not agreed to a license that
contains terms prohibiting such activity.  Contract law will govern over
any exemptions in the copyright act.  Otherwise, section 110(2) permits
the transmission of reasonable portions (excerpts)  of a performance of a
copyrighted work as long as the transmission is only received by students
enrolled in the course, the student does not have the work in accessible
form (use streaming) for longer than the class session (the time the
student is logged into the course), and a notice of copyright warning the
student that these works are protected by copyright is displayed.
Furthermore, the materials must be integral to the course (not
entertainment only) and the institution must have copyright policies and
promote copyright compliance through educational materials.

Section 110(2) is separate and distinct from 107 (fair use).  If you
cannot meet the 110(2) requirements, fair use is still available and may
well cover Nos. 1-5.  Fair use is not likely to allow transmission of an
entire work, however.

Peggy E. Hoon, J.D.
Scholarly Communication Librarian
NCSU Libraries
> ----------------------------------------------------------------------
> Date: Mon, 14 Mar 2005 15:33:20 -0500
> To: <digital-copyright@xxxxxxxxxxxxxx>
> From: "Bloomhardt, Paul F @ JSC" <Paul.Bloomhardt@xxxxxxxxxxx>
> Subject: RE: Streaming video and non-public performance
> Message-ID: <15CE8FF39FCA004BBAFE9C04CFC15E86011A7B8F@xxxxxxxxxxxxxxxx>
>
> 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