The Miller Center Library has an extensive film collection of VHS and DVDs. While all of these films are property of St. Cloud State University, they each come with different combinations of performance rights. While all of the films have classroom performance rights, for the most part, those only extend to face to face classroom instruction. If you would like to stream a film through D2L, or through our video reserves system, you might be out of luck due to the restrictions placed upon colleges and universities by the TEACH Act.

Well…it is fair. The TEACH Act (short for the Technology, Education, And Copyright Harmonization Act) prevents filmmakers from losing profits from non-fair use. One of those filmmakers could be YOU!

Under the TEACH Act, colleges and universities must meet the following requirements to stream video online:

• The institution must be an accredited, non-profit educational institution.
• The use must be part of mediated instructional activities.
• The use must be limited to a specific number of students enrolled in a specific class.
• The use must either be for ‘live’ or asynchronous class sessions.
• The use must not include the transmission of textbook materials, materials “typically purchased or acquired
by students,” or works developed specifically for online uses.

• Only “reasonable and limited portions,” such as might be performed or displayed during a typical live
classroom session, may be used.
• The institution must have developed and publicized its copyright policies, specifically informing students that course content may be covered by copyright, and include a notice of copyright on the online materials.
• The institution must implement some technological measures to ensure compliance with these policies, beyond merely assigning a password. Ensuring compliance through technological means may include user and location authentication through Internet Protocol (IP) checking, content timeouts, print-disabling, cut and paste disabling, etc.

The new exemptions under the TEACH Act specifically do not extend to:
• Electronic reserves, coursepacks (electronic or paper) or interlibrary loan (ILL).
• Commercial document delivery.
• Textbooks or other digital content provided under license from the author, publisher, aggregator or other entity.
• Conversion of materials from analog to digital formats, except when the converted material is used solely for authorized transmissions and when a digital version of a work is unavailable or protected by
technological measures.
It is also important to note that the TEACH Act does not supersede fair use or existing digital license agreements.

SO WHAT???   

So this means the following:

1. Streaming an entire video through a password protected course management system may require permission from the producer or distributor. It is possible that the permission comes at a price.

2. Check out our Films on Demand online video collection! We have the rights to stream these videos through our course management system.

3. Seek counseling. Is it necessary to show an entire video to a class, or only strategic parts? Is it necessary to show the same video over and over? Is it time for a change? I welcome these discussions…let’s talk!