Hi Jim,
Here is what our Library IT resource center told me about copyright laws
in general and regarding digitizing:
First, professors are welcome to show to their classes any materials
that are owned by the university (for example the Library and the
language lab) and their own, rightfully-purchased materials.
Second, the primary question when we show these materials is "Are we
affecting the marketplace?" For example, the language lab could not
purchase only one copy of a CD that was integral to the student's
textbook, and then copy it without permission for all students, nor show
it in class. For it is understood that students would normally each
purchase one copy of those essential materials. However, a professor,
the library, or the language lab can purchase only one copy of a movie
that is seen once during a semester, either in class or for homework,
since it is assumed that each student would not purchase a copy for
themselves. Such use does not affect the vendor's anticipated sales.
Third, students must be enrolled in the class when viewing materials (be
they at the Library, at the language lab, or on the internet). For
materials on reserve or in the language lab's library, students must
check out the material; we therefore know if they are university
students and if they are taking the class. (One important note: Once the
class is over, students no longer have rights to the materials.)
And here's where digitizing comes up in particular:
If materials are accessible through the internet, they STILL must be
accessible ONLY to those students currently enrolled in a/the course.
Thus, students will only gain access to materials by logging for example
onto the relevant WebCT/Blackboard course and opening the video there.
If the professor does not have a WebCT/Blackboard site for their course,
then often a simple link can be set up through for students to use.
The Fair Use Policy defines what is and is not legal at a university
under copy write laws.
http://lynx.csusm.edu/policies/policy_online.asp?ID=88
The Teach Act gives some more leeway to the above, for classroom use.
http://www.utsystem.edu/OGC/IntellectualProperty/teachact.htm
The Digital Millennium Act applies to items that are digitized and
accessible online:
http://www.copyright.gov/legislation/dmca.pdf#search=%22digital%20millen
ium%20act%22
With warm wishes,
Hilary
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Hilary S. Comerchero, Director
Language Learning Center
California State University San Marcos
333 S. Twin Oaks Valley Road
San Marcos, CA 92096-0001
Office Location: University Hall, Room 222, then Room 206
Office Phone: 760-750-4197
Language Learning Center Location: University Hall, Rooms 240 & 260
Language Learning Center Phone: 760-750-8058
Language Learning Center Fax: 760-750-3313
Language Learning Center Website: http://www.csusm.edu/llc
The Centers for Learning & Academic Support Services (CLASS) promote
student success for a diverse university population by mentoring,
fostering communities, and providing resources for academic excellence.
CLASS is comprised of the Educational Opportunity Program, Language
Learning Center, Math Lab, Student Support Services/TRIO, and Writing
Center.
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LLTI is a service of IALLT, the International Association for
Language Learning (http://iallt.org/), and The Consortium for Language
Teaching
and Learning (http://www.languageconsortium.org/).
Join IALLT at http://iallt.org.
Otmar Foelsche, LLTI-Editor ([log in to unmask])
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