--- Forwarded Message from "Shoaf,Judith P" <[log in to unmask]> ---

>From: "Shoaf,Judith P" <[log in to unmask]>
>To: Language Learning and Technology International Information    Forum
<[log in to unmask]>
>Date: Tue, 27 Jul 2010 16:43:36 -0400
>Subject: FW: #9449 New copyright rules re: DMCA exemptions
>Thread-Topic: #9449 New copyright rules re: DMCA exemptions
>Thread-Index: Acsts3tmwGhTXP3WQzuzGt2LmhojpwAARtYgAAXwpoA=
>Accept-Language: en-US
>acceptlanguage: en-US


I see I got so excited I forgot to specify--the law applies to the use of short
clips to circumvention of access controls "solely in order to accomplish the
incorporation of short portions of motion pictures into new works for the
purpose of criticism or comment"--that is to say, streaming an entire film was
not made legal in any context. What this allows is "clip compilations" or the
use of short clips in various contexts--traditional fair use, in fact, though in
an educational context. (I think I'll go make one right now.)

Right now there is a big case at UCLA over routine streaming of copyrighted
videos for students. UCLA could be accused of breaking two laws: the law against
copying/reformatting an entire work, and the law against breaking encryption
(access controls) where such encryption is present. 

Some sloppy reporting on the UCLA case says the school is claiming fair use. The
defense is not "fair use" (which involves such criteria as using a small portion
of the original) but educational use under the TEACH act, which implies that
distance ed must be allowed to present materials in the same way as face-to-face
teaching. Showing a whole movie is legal in the classroom, so it should be legal
online too, the reasoning goes. 

A supplementary question, and a huge one, is whether the TEACH act covers not
only distance ed courses but also hybrid courses or simply regular courses which
assign watching films as homework. 

Here is a link to a pretty good article:
http://www.ecampusnews.com/technologies/ucla-resumes-streaming-video-after-legal
-complaint/

Judy Shoaf



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