Thank you all for your educated and intelligent replies. LM_NET ROCKS!
My Question:
I have a new teacher here at the school who informed me that he has spoken
to a lawyer and that according to the "2007 Fair Use Act" teachers are now
able to copy shows off air and keep them for as long as needed ,not just
45 days as it was in the past. (However they aren't allowed to copy
complete series of shows) He also informed that I am allowed to copy all
of my VCR tapes into DVD's for archival purposes and if a tape breaks that
I am then allowed to use the DVD?????? Is this true?
Anybody else heard about changes in the 2007 Copyright Laws?
Here are the replies I recieved about the New Copyright Law:
****************************************************************************************
The information I sent you before is part of bill H.R. 1201. I looked
up the status of this bill and it is still in committee. (see below). I
believe that until it actually passes it is not in effect.
H.R.1201
Title: To amend title 17, United States Code, to promote innovation, to
encourage the introduction of new technology, to enhance library
preservation efforts, and to protect the fair use rights of consumers,
and for other purposes.
Sponsor: Rep Boucher, Rick [VA-9] (introduced 2/27/2007) Cosponsors
(18)
Latest Major Action: 3/19/2007 Referred to House subcommittee. Status:
Referred to the Subcommittee on Courts, the Internet, and Intellectual
Property.
*******************************************************************************
But the pages states: Status: Referred to the Subcommittee on Courts, the
Internet, and Intellectual Property.
Interesting. If you will go to the Copyright Office legislation webpage at
http://www.copyright.gov/legislation/ you will see that there have been NO
copyright laws enacted in 2007, so there is no "2007 Fair Use Act." There
is a =bill=, known as the Entrepreneurship Act, but it isn't law just yet.
You can see information about this bill on Congressman Boucher's webpage.
The Congressman is a strong supporter of education-friendly copyright
laws.
http://www.boucher.house.gov/index.php?option=com_content&task=view&id=1011&Itemid=75.
*************************************************************************************
I'm glad you asked this question. I have been meaning to look for some
time. I found this at:
http://blog.copywrite.org/2007/03/04/fair-use-act-of-2007-hr-1201/
) The prohibition contained in subparagraph (A) shall not apply to-
`(i) an act of circumvention that is carried out solely for the purpose
of making a compilation of portions of audiovisual works in the
collection of a library or archives for educational use in a classroom
by an instructor;
`(ii) an act of circumvention that is carried out solely for the purpose
of enabling a person to skip past or to avoid commercial or personally
objectionable content in an audiovisual work;
`(iii) an act of circumvention that is carried out solely for the
purpose of enabling a person to transmit a work over a home or personal
network, except that this exemption does not apply to the circumvention
of a technological measure to the extent that it prevents uploading of
the work to the Internet for mass, indiscriminate redistribution;
`(iv) an act of circumvention that is carried out solely for the purpose
of gaining access to one or more works in the public domain that are
included in a compilation consisting primarily of works in the public
domain;
`(v) an act of circumvention that is carried out to gain access to a
work of substantial public interest solely for purposes of criticism,
comment, news reporting, scholarship, or research; or
`(vi) an act of circumvention that is carried out solely for the purpose
of enabling a library or archives meeting the requirements of section
108(a)(2), with respect to works included in its collection, to preserve
or secure a copy or to replace a copy that is damaged, deteriorating,
lost, or stolen.'.
It would seem to me that he is correct. My question would be what does
that mean for all the old stuff I found when I started that was in
copyright violation when it was taped?
****************************************************************
I would direct your teacher to:
http://www.copyright.gov/.
That is the authoritative source on US copyright law. Perhaps I didn't
search thoroughly enough, but I could find no evidences of the changes
your teacher mentions in the entire current copyright law. I even
checked the "Current Legislation" section, and don't see anything like
what your teacher says is now in effect. Perhaps your teacher (or his
lawyer) could print out the "2007 Fair Use Act" they reference for you?
Is it possible that this is a politician's proposal for change that has
not been acted on? In that case, copies of his proposed legislation
might be on his own website or something, but unless it's been enacted
into law (or officially proposed), it won't be on the Library of
Congress site, and is certainly not in effect.
I don't know for sure the answer to your question, but I could find
nothing to support what your teacher says, and I find it very hard to
believe that what your teacher claims is now in effect. I hope Carol
Mann Simpson answers you; her opinion is invaluable on copyright. This
is what her most recent book says:
Carol Mann Simpson's Copyright for Schools: A Practical Guide, 4th
edition (copyright 2005:
Page 88
"Copyright law pertaining to computer software allows the purchaser to
make a single backup copy (also called archival copy) of the diskettes
in case something unfortunate should happen to the original diskettes.
Unfortunately, audiovisual materials do not offer the same archival
permission as does computer software. Owners of film, video, or audio
may not make backup copies of the works. The usual terms of purchase
are similar to that of a book: You may use the material until it wears
out or breaks. At that point you may attempt to repair it, but the best
alternative is to replace the work. In the case of audio or video, this
is called "life of tape." You have the right to use the program as long
as the tape works. When the tape wears out, it is time to buy a
replacement.....The Preservation of Orphan Works Act of 2005 allows
LIBRARIES (only) to make copies of out-of-print and unavailable for
purchase works in the last 20 years of their term of copyright....
Backups onto other tapes or digital media (compact disc or digital audio
storage) are not allowed. This prohibition is waived when a copyrighted
work is recorded on a medium that is no longer in popular use, such as
Beta format videotape.... Note that if the work is available for sale
in a modern format, the law demands purchase rather than copying."
Page 92
"As with all audiovisual materials, the owner of a copy of a sound
recording may not make any copies of the original, even archival
copies."
=======================
Admittedly, the copyright date of her book is 2005, and your teacher
claims these provisions changed in 2007, but without confirmation from
the government copyright site, I assume Carol's information is still in
effect.
Good luck with your new copyright "expert" and his lawyer.
*************************************************************************************
He is blowing smoke up your skirt. None of these points are true. Just
because he spoke to a lawyer doesn't mean he has true information. If
the lawyer isn't a copyright lawyer they won't know the specifics of the
laws.
Stick to your guns. Get copies of the fair use and especially Carol
Simpson's books to show the laws.
*************************************************************************************
No, I have not heard anything at all about that, and the copyright office
regularly sends out information about pending legislation.
****************************************************************************************
Interesting. If you will go to the Copyright Office legislation webpage at
=
http://www.copyright.gov/legislation/ you will see that there have been NO
=
copyright laws enacted in 2007, so there is no "2007 Fair Use Act." There =
is a =3Dbill=3D, known as the Entrepreneurship Act, but it isn't law just =
yet. You can see information about this bill on Congressman Boucher's =
webpage. The Congressman is a strong supporter of education-friendly =
copyright laws.
http://www.boucher.house.gov/index.php?option=3Dcom_content=
&task=3Dview&id=3D1011&Itemid=3D75.
**************************************************************************************
Well, I'm no lawyer, but as far as I know and can find out the Fair Use
Act of 2007 hasn't passed Congress yet (it is Bill HR 1201), and none of
its provisions appear to address keeping off-air recordings more than 45
days. The bill addresses being able to make video compilations for
certain purposes, such as to use in a classroom, to remove commercials
or objectionable content or to archive. It does also address being able
to make a copy of an out-of-date or damaged format, and use that copy in
a library (whereas previously we could the copy for archival purposes,
but not circulate).
Nevertheless, I don't believe that Act has become law yet ... it is
opposed by the RIAA, of course.
***************************************************************************************
Mary Jeanne Goss
Media Specialist MS/HS
Berne Union Local Schools
506 N. Main Street
Sugar Grove, Oh 43155
740-746-9956 Ext. 109
mary_goss@berne-union.k12.oh.us
Mary Jeanne Goss
Media Specialist MS/HS
Berne Union Local Schools
506 N. Main Street
Sugar Grove, Oh 43155
740-746-9956 Ext. 109
mary_goss@berne-union.k12.oh.us
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