Subject: RE: Face to face lectures and Media on Blackboard: TEACH Act? From: Kevin Smith <kevin.l.smith@xxxxxxxx> Date: Mon, 26 Apr 2010 13:08:33 -0400 |
The TEACH Act applies to all transmissions of performances and displays for the purpose of education in an accredited, non-profit educational institution. So yes, it applies to Blackboard used as part of regular instruction on a campus as much as to true distance education. There is a different copyright exception that allows performances and displays in the face-to-face classroom (section 110(1) as opposed to TEACH, which primarily amended section 110(2)) The Teach Act imposes some portion limits that you should be aware of. It allows the transmission of an entire non-dramatic literary or musical performances, but only "limited and reasonable portions" of other audio-visual works, including video and dramatic musical performances. So the musical files may or may not be justifiable under TEACH, depending on what type of music is involved. The film is a harder case, since the plain language of TEACH does not seem to allow entire films. The legislative history of TEACH suggests some flexibility, but the digital streaming of entire videos remains hotly contested. Most attempts to justify this practice seem to rely more on fair use than TEACH, presumably because of the portion limits in the latter. Both TEACH and 110(1) require that the performance or display employ lawfully made copies. Since transmissions under TEACH almost always require some copying, TEACH also amended section 112 of the Copyright Act to permit such ephemeral copying. To make a copy from a DVD to use for digital streaming may be allowed under 112, but you should remember that TEACH does not authorize the circumvention of technological protection measures. As for the MP3 file, whether or not that is lawfully made will depend on the circumstances. Kevin L. Smith, M.L.S., J.D. Scholarly Communications Officer Duke University, Perkins Library P.O. Box 90193 Durham, NC 27708 919-668-4451 kevin.l.smith@xxxxxxxx -----Original Message----- From: Brenda Nelson [mailto:Brenda.Nelson@xxxxxxx] Sent: Monday, April 26, 2010 12:30 PM To: digital-copyright@xxxxxxxxxxxxxx Subject: Face to face lectures and Media on Blackboard: TEACH Act? I need a second (or third) opinion. At my institution, courses consist of two parts: face to face lectures, and course material posted to the course management software Blackboard. This material includes what I assume are legal copies of entire videos, and entire MP3 files that have been downloaded from web sites. Does the TEACH Act apply to the material posted on Blackboard, even though it is not used in the face to face lecture? .:*~*:._.:*~*:._.:*~*:._.:*~*:._.:*~*:._ Brenda Nelson Library Support Generalist Dana Medical Library Medical Education Center 81 Colchester Ave. University of Vermont Burlington, VT 05405-0068 voice: (802) 656-4401 fax: (802) 656-0762 e-mail: Brenda.Nelson@xxxxxxx
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