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

Dan L. Burk <burkdanl[_at_]shu.edu> wrote:
>
> 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).

Please let me make it clear: This was a scenario I posted for *discussion* only. I have not, nor do I intend to practice this scenario. Nor am I advocating that this practice be followed. Quite the contrary. (I'm circling the wagons here, can you see?). I *am* suggesting respectfully that we occasionally need to ask a simple question:

What if?

How did we ever come up with the "off-air videotaping" guidelines (c. 1983) or the "mutimedia fair use guidelines (1996), or even the CONTU guidelines without asking this question?

> > 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.

Nope, I am asking "what if..."

> > 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.

Of course you are correct. I am only asking, "what if?"

> > 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.

Abandonment of 110 exemptions is a pretty pejorative way of putting it. I am *not* abandoning 110 exemptions. I am asking "what if?"... What if we tried this out and see if the market really is harmed? Is there a way to do this without taking the whole thing to court? Hasn't it been said in this very listserv that some folks *do not want to be a test case?* What if we tried a different approach for the benefit of an educational constituency living in a rapidly evolving technological environment?

-- 
Glen (McKay) Gummess
AV Services Coordinator
New Mexico Junior College
5317 Lovington Highway
Hobbs, NM  88240
(505) 392-5468 (voice)
gmckay[_at_]nmjc.cc.nm.us