- February 18, 2009 @ 5:16pmwilliamsonl says:I know this question has been addressed several times, but I'm reading conflicting information (I know, not usual in copyright), so I'm going to post and see what deductions the scholars arrive at.
An instructor wants to stream the video feature film "A Beautiful Mind" for his Psychology class. He says the entire film is necessary for the curriculum. The class is taught f2f, online and Interactive Television. The students are required to watch the video on their own time. It will be posted on our streaming media broadcast system, password protected. I'm leaning toward fair use:
1) educational use--for
3) entire thing--against
4) effect on the market? I say in favor but I'm open to other interpretations.
- February 18, 2009 @ 5:49pmksmith says:The DVD of "A Beautiful Mind" is available on Amazon for less than $10. That seems to me to be the market that is being harmed, and I would not consider this a likely fair use. Part of the fair use argument for many print e-reserves is that the excerpts are short enough that the professor would never assign the whole item for purchase; that is not the case for this DVD. In this situation, where the instructor wants everyone to see the whole film and declines to show it in class, I think the DVD needs to be part of the assigned purchases for the class.
- February 23, 2009 @ 2:56pmdan says:Wouldn't the comparable market be for a streamed version rather than a substitute technology? There might be copies available in a wide variety of technologies. But if I can't get one in a mode that meets my educational need, it isn't useful to me. So it's not a market with any relevance.
- February 25, 2009 @ 12:24pmRuthDukelow says:Possible alternatives that would not involve relying on fair use -
1. Show the video (100%) in f2f class - permissible under 110(1).
2. Reproduce and show portions of the video (less than 100%) in online class session in compliance with requirements of 110(2).
3. Purchase one or more copies of the actual DVD and make it available via reserves (physical reserves, not e-reserves).
4. If available, license the streaming video from a commercial vendor like FMG.
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