putting media collection materials online?
- August 20, 2004 @ 8:57amMaureenT says:instructors at our college are asking that videotapes and DVDs in our Library media collection be put online as part of an electronic reserve system, so that they could be viewed by classes. Can this be done, or does it violate copyright? Help!
- August 23, 2004 @ 1:54pmCarrie says:I tend to think you are crossing the line. It sounds like the faculty want the DVDs available "just in case" they might need them. It's not really a teaching decision to use the work, it's a maybe.
If teachers want to use a video or DVD online, how do they expect the actual viewing to occur? At the student desktop? I don't know but is viewing DVDs in streaming form all that great? Are the students suppose to make their own downloads from the file?
There are other ways for the students to gain access to the DVDs, yes?
Perhaps there is a very good pedagogical reason that a teacher needs to have a DVD available in a course. Maybe they want to compare the form and style of the work with others (as with cinema studies).
I think we can safely say that Section 108 (exempt reproductions by libraries) does not apply.
Perhaps other readers can share their insights. - September 13, 2004 @ 9:57amCStewart says:I think I disagree with you about crossing the line, Carrie. You also initially seem to be saying that reasons for using media material will differ significantly for the reasons for using text material. Don't want to put words in your mouth, however, and I may be misinterpreting your comments...you seem to change course a bit later on, I think. I just wonder what the relevance of that is to the copyright issue -- is it a spontaneity question or what?
Several faculty at my institution use film/audio the same way a text or an article might be used by another faculty.
I'm also not clear what the quality of the delivery has to do with the copyright question that the poster originally raised, but for the record, it is certainly possible with a fast enough network connection and beefy-enough computer to deliver full screen video at near-DVD quality. It's also possible, of course, to deliver very decent quality video at less than full screen and at lower bitrates that are less demanding of the network.
My opinion is that the fair use provisions of the copyright law are generic enough that the poster's institution should be able to come up with an interpretation they are comfortable with that allows them to put all or part of the media materials online. Fair use clause is not specific as to the format of the material, so why wouldn't it apply to film/video and music/audio?
In addition, I think the TEACH Act background might also be of some use as it contains specific exemptions for delivering media. If School X can live with the conditions of TEACH, it could be helpful in this case. My institution cannot, but that's another story... - September 17, 2004 @ 1:12pmCarrie says:Yes, you are right. I wasn't really being very clear, was I?
My response to the initial question was based on my assumption (one should never assume, I know) that the faculty wanted all of the videos and DVDs digitized in case they might be needed in a class at sometime or another. So for me, it's harder to justify that digitization of an entire video collection is fair use.
If the faculty member is teaching a class and wants to use a video or DVD and it makes sense to put that in a digital form etc etc. then I think it is just fine (and dandy, too) and there is a good argument for fair use.
Of course, I am not providing legal advice.
You are absolutely right that fair use is format neutral. So AV materials are eligible for inclusion in a reserve system. (However amendments in the law since 1998 indicate to me, at least, that fair use is no longer technology neutral, but that's a slightly different story).
As for TEACH, the legislative history is pretty clear that the TEACH exemptions do not apply to library reserve services (which one might argue is dead wrong).
So yes AV materials can be put on reserve for fair use reasons but not for TEACH reasons.
Yes, faculty can use AV in the classroom (Section 110 (a))and in the digital classroom (as a fair use or as a TEACH exemption if all of the pre-requisites outlined in the law are met).
I hope this post clarifies my opinion somewhat. I am happy that people are truly using this forum to exchange their opinions. I am learning alot by reading the network forums. Thanks!
-carrie
[quote]I think I disagree with you about crossing the line, Carrie. You also initially seem to be saying that reasons for using media material will differ significantly for the reasons for using text material. Don't want to put words in your mouth, however, and I may be misinterpreting your comments...you seem to change course a bit later on, I think. I just wonder what the relevance of that is to the copyright issue -- is it a spontaneity question or what?
Several faculty at my institution use film/audio the same way a text or an article might be used by another faculty.
I'm also not clear what the quality of the delivery has to do with the copyright question that the poster originally raised, but for the record, it is certainly possible with a fast enough network connection and beefy-enough computer to deliver full screen video at near-DVD quality. It's also possible, of course, to deliver very decent quality video at less than full screen and at lower bitrates that are less demanding of the network.
My opinion is that the fair use provisions of the copyright law are generic enough that the poster's institution should be able to come up with an interpretation they are comfortable with that allows them to put all or part of the media materials online. Fair use clause is not specific as to the format of the material, so why wouldn't it apply to film/video and music/audio?
In addition, I think the TEACH Act background might also be of some use as it contains specific exemptions for delivering media. If School X can live with the conditions of TEACH, it could be helpful in this case. My institution cannot, but that's another story...[/quote]
Posting to the forum is only available to users who are logged in.