LM_NET: Library Media Networking
Good morning...
As East Haven is one of the schools mentioned in a recent post re:
Media Retrieval, the one with the $500,000.00 video digitizer, AND
as copyright has been a recent thread, I'd like to ask the following
of folks "in the know" about copyright. I've gathered a dozen or so
documents from a variety of sites on the web, and what I've found
seems to raise more questions than are answered. So with your
indulgence...and please understand that I always am referring to
videos that are legally acquired, not copies!
1. Can commercial videos, legally purchased, be digitized?
The research I've done, seems to indicate that it is illegal
to change the FORMAT of copyrighted material. If you digitize a
video is that not changing the format? Is it *just* not FAIR USE to
change the format and that *all* one would need is permission from
the copyright holder?
I included a "CAVEAT" on my PO's when ordering last summer...
something to the effect that we were purchasing with the intent of
digitizing...Time-Life was the only vendor who responded, refusing
permission. Does this mean that all others are okay? or do I need
to get permission from each vendor? producer? As, I guess, I would
from vendors? producers? of videos which were previously purchased.
(Time-Life refused because:
a. They had no policy re: and were not in a postion to make
the decision without a policy from their legal department.
The issue would be raised and some decision reached, but
until that time, we were refused permission.
b. The series that I purchased (the 12 pt. Anc. Civ.) simply
had too many individual "artists/performers" involved and
it would be impossible at this point for Time-Life to
contact them all and receive permission on their end.)
2. If we digitize a video and it is potentially accessible to each
and every classroom for full viewing, is this broadcasting and a
violation of copyright?
*Does the "showing" have to be limited to one classroom at a time?
*If the videos are purchased with "public viewing rights" rather
than "home use" does this change anything?
3. Is creating "archival copies" legal under FAIR USE?
At some point in the pre-purchase discussion, one of the
vendors asked me if I didn't create archive copies of my video
tapes, to protect them. The material that I've read SEEMS to
refute the legality of that under FAIR USE....???...
4. Can videos with the FBI warning re:"home use only" be shown
in the classroom?
What I've read here and in other places is that the FBI warning
is "overly restrictive" and not applicable in educational settings
AS LONG AS
*the video is shown in a face-to-face classroom setting,
*is part of an express curriculum
*with before and after activities which integrate the film
into classroom instruction...
5. Does this mean that "home use" videos can be shown over a media
retrieval system (not digitized, but via VCR "broadcast" to the the
classroom) which enables, at least in potential, more than one
classroom at a time to view the video?
6. If the video is purchased with "extended viewing rights"
(which, actually, I thought I HAD to purchase regardless) can it
then be "broadcast", i.e. played on a VCR in the LMC with the
potential of being accessed via a "channel" on the video
distribution system?
7. What about rental videos?
Can a rental video be shown in school?
Under the same conditions as "home use"?
Can it be shown with "broadcast potential" via video
distribution? (Not digitized, but via "media retrieval"
where the potential exists for more than one classroom to
view at a time)?
8. The "new" guidlines for use of multi-media in educational settings
seems to allow teachers and students FAIR USE rights to clips and
stills,
subject to quantity and percentages similar to photocopying for
classroom
use. If teachers are then encouraged to exerpt from videos to create
their
"multi-media" lessons, how is this reconciled with the statement I've
seen
on some materials, "must be shown in its entirety"?
9. Re: Off-air taping...is it legal to digitize those programs taped
from
commercial television AS LONG AS copyright restrictions (i.e. length of
storing, etc.) are respected (as in programs listed in Cable in the
Classroom)?
10. AND...will teachers be required by copyright law to discard their
lessons each year and build anew...regardless of the fact that the clip
from, say, *Hamlet* or the anatomy of a cell, will never change, nor
will,
basically, the interpretation...?
11. Do any of you have district copyright policies to go along with
your
Acceptable Use Policies? Might such a policy make vendors/producers
more likely to grant permission, if they knew that guidelines were in
place?
12. Maybe the biggest question!!! Am I being overly obsessive about
this?
Sorry for the long posting, but as you can see, I have many questions.
I'd
like to provide some answers to this whole issue for our school so that
we can begin to realize the potential of this phenomenal technology.
I'll be happy to post a HIT with the results.
Thanks...if you even read through this, you probably deserve a medal ;-)
!
Regards,
Julie
--
Julie Hulten
East Haven High School
Library and Instructional Resource Center
35 Wheelbarrow Lane
East Haven, CT 06513
203-468-3361 FAX:203-468-3912
jhulten@mail.east-haven.k12.ct.us
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