RE: Need advice

["Michael E. Matthews" <matthewsm@xxxxxxxxx>]

Ms. Barrera:

I see that the ACEF is a cooperative between the US Department of Education
and your employer, Tarleton State University. I agree with Mr. Wiggins's
interpretation of the US Code, unless of course the faculty members who are
producing the course content are doing so under a separate contract between
themselves and TSU. Apparently, TSU is attempting (?) to produce an online
educational repository, but unless they have some sort of legal instrument to
effect transfer of copyright, then they are clearly heading for trouble.

Michael

___________________________________________
Michael Matthews MLIS
Head of Serials, Media & Interlibrary Loan Services
Northwestern State University of Louisiana
Watson Memorial Library, Room 311-D
Natchitoches, LA 71497
318-357-4419
matthewsm@xxxxxxxxx

-----Original Message-----
From: Charles P. Wiggins [mailto:cpwiggins@xxxxxxxxxxxxxx]
Sent: Thursday, July 07, 2011 10:04 AM
To: digital-copyright@xxxxxxxxxxxxxx; Ms. Jennifer Barrera
Subject: Re: Need advice

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
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>>> "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