fair use

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Go UCLA!

March 5, 2010 in Uncategorized by admin

Earlier, I expressed reservations about UCLA taking down all streaming video in their online courses, but it looks like they’re doing the right thing. They’re going to resume streaming video in their online courses, perhaps as soon as next quarter, which they should.

The Association for Information and Media Equipment (AIME) complains that UCLA is essentially claiming “that they and literally every other university have every right to buy a single copy of a video and stream it to an unlimited number of students forever without permission or compensation to the creator.” Although their statement exaggerates the facts (UCLA is only streaming to the limited number of students who are currently enrolled in an online class), how is that any different from a copy of a video in a library, which can also be viewed by an unlimited number of patrons forever, without permission or compensation?

Good for UCLA for standing up for the fair use rights of its faculty.

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Is UCLA caving in on Fair Use?

January 26, 2010 in Uncategorized by admin

UCLA is acquiescing to claims by the Association for Information and Media Equipment that streaming video in an online course within a password-protected course management system isn’t fair use. “Professors . . . have had to choose between eliminating the films from their syllabuses or telling their students to either purchase their own copies, rent the titles from a commercial vendor, or check them out of the university’s media lab.” Given the limited number of copies and reduced hours labs are open due to budget cuts, that last choice is becoming less of an option.

It doesn’t sound like UCLA is vigorously defending the fair-use rights of its faculty, either. “We don’t want to litigate an issue that could potentially be resolved outside of the legal system,” said a university spokesman.

Is UCLA considering paying a royalty, and thereby reducing the scope of fair use for others? Fair Use is defined in part by its effect on the market for the copyrighted work. If universities routinely use clips of copyrighted works in a password-protected class, there’s no market to be lost. If universities like UCLA start routinely paying royalties, there is a market, and those institutions that are unwilling or unable to pay lose their fair use protection. If UCLA pays a settlement, who’s next?

Thanks to Jim Groom for the tip.

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