Migrating from Using Media on VIS: Considering Alternatives
The use of any and all copyrighted media on the Video Information System [VIS] complied with the face-to-face teaching exemption as provided for face-to-face classroom use in Section 110(1) of the Copyright Law, Title 17 of the United States Code. Section 110(1) allows:
· Performances of copyrighted works
· Displays of copyrighted works
for nonprofit, educational, face-to-face teaching. This includes all types of media as long as a legal copy is owned.
In the absence of VIS and in order to continue to comply with Section 110(1), instructors using copyrighted media for their face-to-face classes should now consider the following, legal options:
· Use the media player in your classroom
· Use your own media player, laptop, or PC
· Use a player from your department
· Use a portable DVD player or laptop from Bracken Library’s Educational Resources Collections circulating equipment collection
· Contact the Equipment Projectionist Services to have a media player delivered to your classroom
Two other options are available for both the face-to-face and distance education classrooms that entails restrictions. The Copyright Law allows for “reasonable and limited portions”, in other words, “clips,” of copyrighted media in specific educational instances. Those other two options for classroom use are:
· Section 107, Fair Use, of the Copyright Law, Title 17 of the United States Code [these “reasonable and limited portions” are often referred to as, Fair Use clips]
· Section 110(2), The Technology, Education and Copyright Harmonization Act [a.k.a. the TEACH Act] of the Copyright Law, Title 17 of the United States Code
Both of these options have restrictions of use as outlined in each respective section of the Copyright Law. In either case, a formal request for invoking either TEACH and/or Fair Use is a process that allows Ball State University to comply with the Copyright Law.
In complying with the restrictions of Sections 107 and 110(2), Ball State’s intellectual property policy is such that media clips must be made available via a secure server that uses encryption and that the media is only available for access to Ball State University faculty [and/or students] using a valid and authenticated BSU ID & PW.
More often than not, TEACH is limited to distance education classes while Fair Use can be applied for both the face-to-face and distance education classrooms.
The Teleplex and the University Libraries have a combined service that provides for security, limited access, and authentication for copyrighted media clips. This service is called Video on Demand [VoD]. Fair Use clips or “reasonable and limited portions” are placed under the faculty’s name and course in Mediasite .
VoD requires a one-time meeting between the faculty member requesting the service, a representative of the Teleplex, and the Copyright Agent/Manager for Ball State. At the VoD meeting, the mandatory Fair Use Checklist is completed detailing the “reasonable and limited portions” of copyrighted media. The media is brought to the meeting and a list of the Fair Use clips with the start and stop times of each clip are provided for the Teleplex. If the media is VHS, then the first few words and last few words of the clip are also required for the Teleplex as well. If the copyrighted clips are going to be used for distance education, then the TEACH Act Compliance Form must be completed as well.
It should be noted that there can be instances when a complete video can be encoded and placed on Mediasite for your class. The VoD meeting will assist in making that determination.
For any and all questions relating to migration from VIS, Mediasite, Video on Demand, Fair Use, and/or the TEACH Act, please contact:
Dr. Fritz Dolak
Copyright and Intellectual Property Office