Re: Use of Pre-Recorded Videos in Interactive Television Courses

From: Bill Luddy <wjl[_at_]mstr.hgc.edu>
Date: Fri, 31 Oct 1997 09:25:51 -0500

On 10/29/97, Ron Loneker <loneker[_at_]liza.st-elizabeth.edu> wrote:
>
> Has anyone tackled the issue of using pre-recorded video tapes in
> interactive television classes. In traditional classes I know that the
> faculty member can legally show video tapes as part of the face-to-face
> teaching exemption. Is a distance learning environment, where the home
> site connects over a private telephone company educational network to
> another college or institution with class members, an extension of this
> exemption?
>
> I have heard people say yes and people say no - any thoughts on this
> (or do you have alternative listserv suggestions for this topic)...

It is an interesting question for those of us who have been involved in Distance Education (D/E). I used several tapes from a PBS/Price Waterhouse series in an law and ethics course this past Summer. The course was broadcast over Rensselaer's Satellite Video Programs (RSVP) to our graduate students at their company's (United Technologies divisions) various sites and to two of our branch campuses. Additionally, video tapes of the classes were sent for presentation at other students' companies (GM, GE, IBM, Xerox, Du Pont, ConEd, Lockheed Martin, and others).

I have heard many comments within the academy that the face-to-face teaching exemption covered this. There was a posting to this listserv (I believe) a month or two ago which stated:

     "There is one university I know of which tranmsits [sic] two-way
     interactive video and audio from its main campus to distant 
     classrooms via ITFS, making all instructional content available 
     *only* to students and not the general public.  The distant 
     classrooms are as far away as 100 miles or more.  The university 
     views these classrooms as extensions of face-to-face teaching 
     and therefore justifies the transmission of audio-visual 
     materials (i.e., "videos") as part of systematic instruction."

My view has always been cautious in this area. Even assuming that the copy was lawfully obtained (as the Act requires), I had not been convinced that Secs. 110(1) and (2) gave educational institution carte blanche even though they are often asserted in defense of this use. A subsequent post- ing noted that in early September, Senator Ashcroft introduced the Digital Copyright Clarification and Technology Act of 1997 (S. 1146). Section 204 entitled "Distance Education" proposes to amend Sec. 110(2)(C) as follows:

        "(C) the work is provided for reception by--
                 (i) students officially enrolled in the course in
                     connection with which it is provided; ...."

As the person posting the comment about S. 1146 noted, it would seem that if Sec. 110(2) was clearly an exemption for this type of use, a "clarification" as proposed by Senator Ashcroft might not be needed. Given the increasing use of this and related digital technologies in eduation, does anyone have a better reasoned viewpoint (or relevant case law)?

Incidentally, I had obtained written permission from the copyright owner to use the tapes in the manner described above. And by way of disclaimer, the views expressed here are my own and not necessarily those of my university.

  Bill Luddy

---

Professor William J. Luddy, Jr.
Lally School of Management and Technology Rensselaer Polytechnic Institute
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Hartford, Connecticut 06120-2991

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   Internet: <wjl[_at_]hgc.edu> Received on Fri Oct 31 1997 - 14:19:16 GMT