[Rumori] Wow, speak of the devil - academic use of film clips, part 2

[kembrew mcleod]

On Feb 3, 2006, at 12:18 AM, Tim Maloney wrote:

>
> This in my mailbox just today:
>
>
>> This is to follow up on the brief conversation we had at the
>> Academic Affairs holiday party just before the break.  As I
>> mentioned there, the Library is proceeding with procurement of the
>> CLABS module from Cdigix as a way to make some of our AV materials
>> available digitally for assignments.  Assuming that the procurement
>> is successful we expect to be able to digitize about 150 items by
>> the end of the Spring semester and another 300 during the next
>> fiscal year.  We will be working with our AV Desk Coordinator and
>> our Reserves Coordinator to design a process that will select for
>> digitization those materials heavily impacting our desk operation
>> while ensuring compliance with fair use guidelines.  We hope to
>> pilot with a few instructors towards the end of the Spring semester
>> to get some sense of how this will work for them, their students,
>> and the Library and aim for a more comprehensive implementation in
>> the Fall.  For a look at how CLABS has been implemented at Yale
>> University, you can see the case study available at http://
>> www.cdigix.com/website/cdigix/yaleCaseStudy.asp .
>>
>
> So, this is a violation of the DMCA, no?  Digitizing (copying) A/V
> materials (copyrighted feature films in the Radio/TV/Film Dept.) to
> some kind of centralized distribution server?  I'm curious to see if
> we get away with it...
>

One way of extracting video from a DVD in a way that isn't a DMCA 
violation is if you export the video through a DVD player's RCA jack 
and capture it in your computer (using a video card or a media 
converter). This is the horrific "analog hole" that the MPAA is crying 
about.

Digitizing it that way is not a DMCA violation. Whether or not it falls 
under traditional copyright infringement is another story (though I'd 
assume it's fair use).

Best,

km

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kembrew mcleod
assistant professor
department of communication studies
university of iowa

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