…“the program you are watching as a video cassette for only 24.95…” (or words to that effect).
Why? Are they making any money off this? If I want a copy, hell, I’ll just tape the thing, and if I don’t, the same prorgam will probably run again next week.
Have any of y’all bought any tapes? Other than no commercials, what’s the appeal?
I’ve thought the same thing every time I’ve heard it. My thinking is no commercials and teachers or schools, etc. might want to show it and not be in violation of copyright laws.
I shudder to think that there may be teachers using History Channel programming as primary source material…
Anyway, they’d still be in violation of copyright if they showed the tape to their students. That would constitute a “public exhibition” which if you read the copyright notice at the beginning of the tape is prohibited unless the teacher obtained a license from the copyright holder.
I’m sure there’s case law out there for which I’m not equipped to do a proper search, but at least [url=http://www.macalester.edu/~campuspr/handbook/movies.html]one university
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has interpreted the law thusly as it pertains to student exhibition of films:
Whether this is applicable to classroom settings or whether it would be considered fair use would be up to the lawyers to hash out but, seeing as how there is a “Cable in the Classroom” program whereby cable stations broadcast “educational” programming with a limited license for classroom use I temd to believe that at the very least copyright holders consider educational exhibition to be copyright infringement.
So am I guilty of copyright violation if I tape the program for my own viewing pleasure? Because if that’s the case, wouldn’t I be able to file a class action suit against the manufacturer of my VCR for making it possible for me to break the law?
I’m pretty sure the History Channel has an educational program which allows teachers to tape certain shows for use in the classroom. I know A&E does, and the History Channel is owned by the same company.
That would be “Cable in the Classroom” which I mentioned earlier. The programs include an announcement of the program license, advising teachers that they may show the program until a particular date, after which time they must destroy the copy.
I’m reading the decision and I’m not seeing where you’re getting the notion that this case in particular authorizes only a single viewing of recorded “time-shifted” commercial programming.
Two possible appeals I can think of:[ol][li]“Oh, drat, I only caught the last 10 minutes of this show, and it looked soooo good! I don’t even know if they’re going to repeat it. Oh! I can get it on VHS? Thank heavens!”[/li]“Boy, my cousin in Peoria who doesn’t have cable TV would sure like to see this show! And her birthday’s coming up and everything. I could just tape it myself and send her the tape, but wouldn’t it be nicer if it came in a pretty-colored box?”[/ol]