home Future Students Current Students Faculty and Staff Business and Community Online Courses
 
Copyright and Interactive Television (ITV): Frequently Asked Questions

Questions

  1. What can be used on the Interactive Television system?
  2. Can I display photographs from a book using the ELMO in a Interactive Television class?
  3. Can I use a videotape rented from Blockbuster over the Interactive Television system for educational purposes?
  4. Can I use commercial videotape, which is sold for instructional purposes, during a distance learning class to illustrate a concept covered in the lesson objectives?
  5. Can I use videotapes from a DVD/Video course MCC offers as part of a class I teach over the Interactive Television system?
  6. Can I record a segment from a television program and use it over the Interactive Television system?
  7. Can I use the media resources provided by the textbook publisher over the Interactive Television system?
  8. Can I use the content from a CD-ROM over the Interactive Television system?

 

Answers


  1. What can be used on the Interactive Television system?

    Any original material created by a faculty member.

    Congress is considering changes in the Copyright Act that will affect the materials used in Distance Education; initial recommendations are available from the U.S. Copyright Office as of May 1999. Until those recommendations are adopted and/or made into law, educators are still confined to the guidelines, recommendations and interpretations presented over the years. It must be remembered that while such guidelines may have been approved by Congress, they were never made law. Therefore they can be disregarded by a court of law.

    The 1976 Copyright Act reserves certain rights to the copyright owner. It also provides some exemptions to those rights for teaching purposes.

    See the questions below for specific instances.


  2. Can I display photographs from a book using the ELMO in an Interactive Television class?

    Yes. While the Act reserves the right to display a work to the copyright owner, section 110 of the Copyright Act provides limitations on the exclusive rights of copyright holders and provides an exemption of certain performances and displays. The section reads in part:

110. Limitations on exclusive rights: Exemption of certain performances and displays

Notwithstanding the provisions of section 106, the following are not infringements of copyright:

  1. performance of display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a class-room or similar place devoted to instruction, unless, in the case of a motion picture or other audiovisual work, the performance, or the display of individual images, is given by means of a copy that was not lawfully made under this title, and that the persona responsible for the performance knew or had reason to believe was not law-fully made:
  2. performance of a nondramatic literary or musical work or display of a work, by or in the course of a transmission, if—
    1. the performance or display is a regular part of the systematic instructional activities of a governmental body or a nonprofit educational institution; and
    2. the performance or display is directly related and of material assistance to the teaching content of the transmission; and
    3. the transmission is made primarily for—
      1. reception in classrooms or similar places normally devoted to instruction


  1. Can I use a videotape rented from Blockbuster over the Interactive Television system for educational purposes?

    No. Section 110(2) of the Copyright Act tells us that the "performance of a nondramatic literary or musical work or display of a work, by or in the course of a transmission" are not infringements of copyright." The Act defines "literary works" as "works, other than audiovisual works, expressed in words, numbers, or other verbal or numerical symbols...."

    Audiovisual works are defined as "works that consist of a series of related images which are intrinsically intended to be shown by the use of machines or devices such as projectors, viewers, or electronic equipment, together with accompanying sounds...."

    Therefore, you cannot show an audiovisual work in its entirety without permission from the copyright holder. If you wish to use portions, consider whether the use falls under fair use or the CONFU guidelines for distance learning.

    Or request permission from the copyright owner.


  2. Can I use commercial videotape, which is sold for instructional purposes, during an Interactive Television class to illustrate a concept covered in the lesson objectives?

    Perhaps. Videotapes that have been purchased by the MCC libraries will have a sticker attached that indicates whether the college has permission or has purchased the rights necessary to use the tape over the system. Stickers also indicate whether we have the right to use the video over the cable system. If you have questions, ask your campus library staff.


  3. Can I use videotapes from a DVD/Video course MCC offers as part of a class I teach over the Interactive Television system?

    Yes. The telecourse tapes are licensed for use on the Interactive Television system.


  4. Can I record a segment from a television program and use it over the Interactive Television system?

    No. Section 110(2) of the Copyright Act tells us that the "performance of a nondramatic literary or musical work or display of a work, by or in the course of a transmission" are not infringements of copyright." The Act defines "literary works" as "works, other than audiovisual works, expressed in words, numbers, or other verbal or numerical symbols...."

    Audiovisual works are defined as "works that consist of a series of related images which are intrinsically intended to be shown by the use of machines or devices such as projectors, viewers, or electronic equipment, together with accompanying sounds...."

    Therefore, you cannot show an audiovisual work in its entirety without permission from the copyright holder. If you wish to use portions, consider whether the use falls under fair use or the CONFU guidelines for distance learning.

    Or request permission from the copyright owner.


  5. Can I use the media resources provided by the textbook publisher over the Interactive Television system?

    No. There are times when the publisher has an agreement with a third party covering information in accompanying materials. If you wish to use them, contact the publisher for permission.


  6. Can I use the content from a CD-ROM over the Interactive Television system?

    No. Section 110(2) of the Copyright Act tells us that the "performance of a nondramatic literary or musical work or display of a work, by or in the course of a transmission" are not infringements of copyright." The Act defines "literary works" as "works, other than audiovisual works, expressed in words, numbers, or other verbal or numerical symbols...."

    Audiovisual works are defined as "works that consist of a series of related images which are intrinsically intended to be shown by the use of machines or devices such as projectors, viewers, or electronic equipment, together with accompanying sounds...."

    Therefore, you cannot show an audiovisual work in its entirety without permission from the copyright holder. If you wish to use portions, consider whether the use falls under fair use or the CONFU guidelines for distance learning.

    Or request permission from the copyright owner.
 
 
 
Contact Us