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

From: Dan L. Burk <BURKDANL[_at_]shu.edu>
Date: Tue, 04 Nov 1997 09:57:34 -0500

On 11/03/97, Glen McKay <gmckay[_at_]nmjc.cc.nm.us> wrote:
>
> Consider the following scenario (as briefly stated as I can make it).
>
> Use a computer with many megs of RAM and many, many gigs of hard
> drive storage and all appropriate software.
>
> Digitize the commercially produced video, let's say at quarter-screen
> size, and save it. Now you have a video file.

You have also unquestionably made an infringing copy and/or derivative work.

> Integrate that video file into a multimedia or hypermedia program,
> assuming it meets systematic instructional objectives (to satisfy the
> 110 crowd). The result is a quarter-screen picture surrounded by
> graphics, text, icons, or what have you. Some of that "stuff" would
> identify the sending institution and intent.
>
> Send that out through your dist-ed system-- be it cable TV, microwave,
> satellite, ISDN or whatever, protected or unprotected by security
> measures.

Now you have publicly performed, publicly displayed, and probably distributed the infringing copy/adaptation. And you are outside the section 110 exceptions.

> For the student, instructional content is received and goals are met.
> The hardware and software tools are definitely here and capable of
> being used to implement this scenario.
>
> For the copyright holder? My question is *who in their right mind is
> going to (illegally) copy and disseminate a commercial video that's a
> quarter screen size and surrounded by all sorts of graphics, text and
> icons that closely identify the product with the sending institution?*

You are quite correct. Nobody would want to be exposed to such liability. That's why nobody who is paying attention to copyright is going to do this.

> How can the market possibly be harmed?

I assume that you are now abandoning the 110 exceptions and looking to fair use. The market that is harmed may well be the market for instructional use of the video in distance learning. The other fair use factors don't look to favorable, either.

I'm a big proponent of distance education, and of liberal fair use for educators. But there are limits, and I don't see any decent argument that this falls within them.

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Dan L. Burk
Seton Hall University
burkdanl[_at_]shu.edu

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Received on Tue Nov 04 1997 - 14:55:11 GMT