Re: Video in Distance Education

From: Glen McKay <gmckay[_at_]nmjc.cc.nm.us>
Date: Thu, 09 Apr 1998 07:29:51 -0700

Jamie Switzer <jswitzer[_at_]lamar.colostate.edu> wrote:
>
> Situation: Regularly scheduled on-campus class meetings are videotaped
> and the tape sent directly to distance students. Professor shows
> legally purchased videotape in the class, which is being videotaped, so
> therefore the commercial videotape is on the class videotape that is
> sent to the distance students. (Clear as mud?)
>
> Is this a violation of Section 110, or is this fair use? Thank you for
> your help.

Intriguing question. If you consult Peachnet's guidelines, available at http://www.peachnet.edu/admin/legal/copyright/copy.html#part2e8 , the answer is arguably "fair use."

However, if you consult the University of Texas Systems guidelines crafted by Georgia Harper, available online at http://www.utsystem.edu/OGC/INTELLECTUALPROPERTY/distance.htm#perf, the answer is "not fair use."

There seems to be evolving quite a bit of controversy over this issue, stemming apparently from the CONFU guidelines for distance learning which, although never agreed upon by the stakeholders who participated, have expressed an allowance for transmission over secure dist-ed telecommunications (password-protected or encrypted).

I am not a lawyer and this is not to be construed as legal advice. I am expressing opinion though, which is my first amendment right.

-- 
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
Received on Thu Apr 09 1998 - 14:23:48 GMT

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