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

From: Laura N. Gasaway <unclng[_at_]email.unc.edu>
Date: Wed, 5 Nov 1997 09:52:29 -0500 (Eastern Standard Time)

On Mon, 3 Nov 1997, Glen McKay <gmckay[_at_]nmjc.cc.nm.us> wrote:
>
> The last time I broached the idea of using pre-recorded (i.e.,
> commercially-produced) video recordings (e.g., VHS, laserdisc, or even
> DVD) in a dist-ed environment I got *totally* shot down. But I'm
> willing to expose my flank again... regarding the following thread.
>
> Laura N. Gasaway <unclng[_at_]email.unc.edu> wrote:
> >
> > On Wed, 29 Oct 1997, Ronald 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)...
> >
> > The answer is no, according to the statute. Should the
> > answer be yes for the greater good of society, yes!
> >
> > Section 110(1)... (stuff deleted)
>
> Given today's technological capability to warp and compress video,
> couldn't there be a way to get a video's content out in a dist-ed
> environment without economic harm to the copyright holder?
>
> 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.
>
> 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.
>
> 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?*
> How can the market possibly be harmed?
>
> I would further suggest that somebody test this scenario with accepted
> educational research protocols to answer the above question. My
> hypothesis is *nobody would (or even could)*.

Glen,

     I think the scenario you propose is perfectly logical. However, we are dealing with statutory language that prohibits the "broadcase" not the copying. Publishers say their concern is copying, but that is not what the statute says.

     A group loosely under CONFU continues to work on distance learning guidelines that would what you suggest.

Lolly

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Laura N. Gasaway			Phone:  919-962-1049
Director of the Law Library &
	Professor of Law		Fax:	919-962-1193
CB # 3385
University of North Carolina		e-mail: laura_gasaway[_at_]unc.edu

Chapel Hill, NC 27599 Received on Wed Nov 05 1997 - 14:55:43 GMT