--- Forwarded Message from k_yang <[log in to unmask]> ---

>Date: Thu, 29 Jan 2004 22:54:34 -0600 (CST)
>From: k_yang <[log in to unmask]>
>To: Language Learning and Technology International Information Forum    <[log in to unmask]>
>Subject: Downloading audio from the Internet and copyright
>In-Reply-To: <[log in to unmask]>

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----------------- Message requiring your approval (49 lines) ------------------
Hello eveyone,

Recently I have received many requests from instructors to help them
download audio files from the Internet. For a few reasons, these files are
streamed, which makes downloading difficult. So I decided to use shareware
which allows me to download streaming files, including Internet
radio. Here are some questions I encountered in the discussion with the
staff regarding copyright. (If you are busy, you may skip number 1 through
4.)
  
1) where to doanload matters?
Last quarter, we downloaded a streaming audio file onto a tape through a 
sound card so that an instructor used it for her final exam. Now if the
shareware is used and the file is saved on computer/CD, does it
infringe copyright?	

2) purpose matters?
When can the downloaded materials be used? While download materials can
be used  for final test or in class, but not any other univeristy exam  
such as competencey or proficiency exam, which is not class activity? 

3) editing out and getting a portion matters?
Editing film pieces together can make a new context, which can be against
the copyright holder's will. If we takes a segment (a minute or so) from
the download audio material(usually longer than needed), does this
infringe copyright? (Of course we do not juxtapose pieces together.) Isn't
this allowed as fair use of copyright, in fact?

4) is using the shareware illegal?
because it allows one to download files which are not downloadble with
usual web browsers?

5) how can we use audio materials from the Internet?
Instructors may just have a link to the file and indicate which portion
students use for their homework, but in an extream case, such as Internet
radio, or in most class environment, linking just doesn't work. (I also  
tried to contact a radio station in Europe who owns audio materials, but
no one has replied yet.)


If you could share information about how you deal with this situation, I
will appreciate that. Thanks!


Kay Yang
Language Labs and Archives 
University of Chicago