Putting videos/dvds into streaming format

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  • If videos or dvds put into a streaming format are:
    1) given limited access to students enrolled in the particular class and
    2) the time these titles would be available is limited, and
    3) students are prevented from downloading copies to their own computers, and
    4) a copy of the original is retained, and
    5) a copyright notice is also included

    Would this constitute fair use or possibly qualify under the TEACH Act?
    Can these titles be linked to the library catalog via a url for easier access?

    What about items in the general collection...could they be put into the streaming format if they are not currently available?

    I look forward to your response.
  • Putting an entire video or dvd into this format is questionable, but this is exactly the sort of thing electronic reserves is designed for and is a fair use under the educational examptions of the copyright act. Is it essential for the class to see the entire video, or can you use a portion, which would be safer? There are some exemptions for putting entire pieces of music on electronic reserve, and you could make a case that this should include video; see the Music Library Association guidelines at http://www.lib.jmu.edu/Org/MLA/Guidelines/Accepted%20Guidelines/Digital%20Reserves.aspx for justifications for putting entire pieces on reserve.

    The TEACH act only comes into play if you need to duplicate an in-classroom presentation for students at a distance. In that case you can show the whole video if you are showing the whole video in class.

    Linking from the library catalog would be okay ONLY if users are then directed to sign in through your electronic reserves gateway. Limiting access is the key.

    Putting items into streaming format simply because they are no longer available is another kettle of fish. You might look at some of the other discussions on this board about converting formats. The preservation guidelines do allow copying items into a different format but under very strictly defined circumstances and for limited use.

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