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

>Date: Tue, 03 Feb 2004 12:13:47 -0500
>From: James Hogg <[log in to unmask]>
>Subject: Re: #7393 Downloading audio from the Internet and copyright
>In-reply-to: <[log in to unmask]>
>To: Language Learning and Technology International Information Forum    <[log in to unmask]>

------------------
> 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?	
>
Probably. It depends on the creator of the audio and what they will 
allow to happen with their work. You would need to get permission from 
the work's creator, or the copyright holder. Using the method you 
describe to record the material is an interesting technological feat, 
but does not change anything about 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?

What is the difference between final exam and another exam? If you 
don't have permission to use some materials then it doesn't matter when 
or where. I suppose permission could be given to use in some cases and 
not in others. That is between you and the copyright holder.

>
> 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?

Editing a film is absolutely not allowed. You are allowed to use parts 
of film in class as long as the film is not changed in anyway. For more 
than one section of a film, that would mean an instructor would need to 
fast forward/rewind the film during class. The question about audio is 
a good one. Is there a difference between editing a film and editing 
audio? I can't recall hearing about editing audio. Seems like it could 
be the same as film.

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

Using the shareware is not illegal. Copying some files with it may be 
illegal. I would think that if someone has put up streamed files which 
cannot be copied normally, say through FTP, then they don't want copies 
of the files getting around.

>
> 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.)
>
Illegally? I find the current situation very frustrating. The more I 
know, the less I wish I knew. If the copyright holder is a corporation, 
they most certainly would protect their rights. I wouldn't mess with 
them.

You may be able to find some very good things which people are happy to 
share.

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

When I taught in another country I made many materials doing the things 
which you ask about. I edited videos  for class, I copied streamed 
audio files using a USB audio interface into an MD recorder and 
sometimes edited them. I don't know what the copyright laws are in that 
country. Now I am back in the states and I am not teaching. The 
professors I work with haven't asked me to do those kinds of things. I 
think they are too busy with teaching, serving on committees and 
publishing to spend that much time on finding audio/video materials. I 
also don't offer my help in doing these things because I know in most 
cases (all cases) it would be against the law.  I figure the losers in 
all of this are the students.

>
> Kay Yang
> Language Labs and Archives
> University of Chicago
>