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Re: [Phys-l] Patent laws [was Video Encyclopedia of Physics Demos (ownership)]



After looking at Hugh's message, it is probably within any conceivable
license because he is bookmarking it. The situation with respect to video
material is quite opaque. Most DVDs just have a statement at the beginning
about public performance and copying, so since he is doing neither, it is
probably within the law, just as putting a post it note on a book page is
not illegal. The DVD is sold as a teaching aid, so showing it to a class is
within the law and should not be construed as public performance. Virtually
any exhibition including to the general public is probably OK, as long as it
is done in a classroom setting. The legal wrangling might begin if it were
shown on a public TV channel as part of a video course.

Generally video material that can be played on a DVD player does not have an
imbedded license, but it may be on the packaging. The laws should treat
video material in a generic fashion the way books are treated. Books
generally only have an injunction against copying or performance, and do not
have detailed licensing agreements. The most outrageous abuse is where the
package says that the user must agree to the terms of the license before
breaking the seal, but the license is inside and can not be read at that
point. I would suspect that this is probably not legal.

It is also possible that copying the relevant portions of the DVD for use in
the classroom may be covered under fair use, provided the copy is destroyed
after being used.

How much of the video encyclopedia was developed with public funds?? It is
outrageous that the public pays to have something created, and then is
charged big bucks for the right to use it. A lot of educational material is
overpriced.

John M. Clement
Houston, TX