Re: Need advice

["Charles P. Wiggins" <cpwiggins@xxxxxxxxxxxxxx>]

Ms. Barerra,
 
I don't know anything about the ACEF and their activities, so my
response is based solely on your description.
 
The copyright provisions outlined by TEACH are specific and DO NOT
allow educational institutions to make copyrighted material open to the
general public without permission. The way I read USC 110(1) it excludes
EXACTLY what you describe because 1) that applies to face-to-face
instruction and 2) if they did not have permission to record the event
the copy of the performance was not lawfully made.  In fact, USC 110(2)
has very explicit restrictions regarding under what circumstances
digital works may be shared with students.  
 
110(2)D.ii. states "...the transmitting body or institution ... (ii) in
the case of digital transmissions b (I) applies technological measures
that reasonably prevent b (aa) retention of the work in accessible form
by recipients of the transmission from the transmitting body or
institution for longer than the class session; and (bb) unauthorized
further dissemination of the work in accessible form by such recipients
to others ..."
 
The transmission must be a part of a class session in a regular course
in which the pupils are enrolled, the institution must take measures to
ensure that the student cannot keep a copy after the class session has
ended and cannot make a copy to distribute to others.  Implicit in that
is that the transmission cannot be open to the general public.  What you
describe is akin to those pirates who attend a movie and record it on
their cell phone and then post it online.  
 
Charles
 

Charles P. Wiggins
Director of Library Services
Isothermal Community College
P.O. Box 804
Spindale, NC 28160
828-286-3636 ext. 216
 
cpwiggins@xxxxxxxxxxxxxx
 

E-mail correspondence to and from this sender may be subject to the
North Carolina Public Records law and may be disclosed to third parties.


>>> "Barrera, Ms. Jennifer" <BARRERA@xxxxxxxxxxxx> 7/7/2011 9:48 AM
>>>
Ok, here is the scenario that I'm dealing with...

An educational clearing house (http://www.acefacilities.org
)<http://www.acefacilities.org%20)> funded by the United States
Department of
Education is wanting to provide learning events (webinars, podcasts,
etc.)
open to the public.

My understanding is that they are attending the webinar, recording it,
and
then posting it for access to the public via their own web conference
service.
The podcasts are being downloaded to their server to be posted for the
public.

My first reaction was... who gave you permission to post the webinars,
podcasts? These are copyright protected.
This group feels however that they are covered under TEACH 110(2) and
17 USC
110(1) because they are calling it an online learning event. I don't
think
that they are covered under these exemptions. Am I wrong??

Need advice!


Jennifer Barrera
Access Services Librarian
Dick Smith Library
Tarleton State University
Stephenville, TX 76402
(254)968-9248