# The History Channel Proudly Offers...... **URL:** \ **Category:** Cafe Society\ **Created:** [June 12, 2003, 7:59am UTC](https://boards.straightdope.com/t/the-history-channel-proudly-offers/181296 "2003-06-12T07:59:35Z")\ **Posts on this page:** 13\ **Page:** 1
**Author:** ![Quasimodem](https://avatars.discourse-cdn.com/v4/letter/q/e274bd/32.png) [@Quasimodem](https://boards.straightdope.com/u/Quasimodem)\ **Post date:** [June 12, 2003, 7:59am UTC](https://boards.straightdope.com/t/the-history-channel-proudly-offers/181296/1 "2003-06-12T07:59:35Z")
…“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? Thanks Q ---
**Author:** ![nebco9](https://avatars.discourse-cdn.com/v4/letter/n/cc9497/32.png) [@nebco9](https://boards.straightdope.com/u/nebco9)\ **Post date:** [June 12, 2003, 9:56am UTC](https://boards.straightdope.com/t/the-history-channel-proudly-offers/181296/2 "2003-06-12T09:56:51Z")
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. ---
**Author:** ![Fern\_Forest](https://avatars.discourse-cdn.com/v4/letter/f/71c47a/32.png) [@Fern\_Forest](https://boards.straightdope.com/u/Fern_Forest)\ **Post date:** [June 12, 2003, 11:31am UTC](https://boards.straightdope.com/t/the-history-channel-proudly-offers/181296/3 "2003-06-12T11:31:03Z")
Makes a great gift. I suppose. ---
**Author:** ![Otto](https://avatars.discourse-cdn.com/v4/letter/o/bbe5ce/32.png) [@Otto](https://boards.straightdope.com/u/Otto)\ **Post date:** [June 12, 2003, 12:00pm UTC](https://boards.straightdope.com/t/the-history-channel-proudly-offers/181296/4 "2003-06-12T12:00:38Z")
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. ---
**Author:** ![nebco9](https://avatars.discourse-cdn.com/v4/letter/n/cc9497/32.png) [@nebco9](https://boards.straightdope.com/u/nebco9)\ **Post date:** [June 12, 2003, 12:42pm UTC](https://boards.straightdope.com/t/the-history-channel-proudly-offers/181296/5 "2003-06-12T12:42:55Z")
> [@](#): > > \*Originally posted by Otto \* > **I shudder to think that there may be teachers using History Channel programming as primary source material…** No, not primary source material. I do think actual film footage of an historical event could certainly add to ones understanding of it. > [@](#): > > \*\*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. \*\* Would that be a “public exhibition”? Classroom is not open to the public and no fee is charged. I’m not up on copyright law, so I’m not sure. ---
**Author:** ![Otto](https://avatars.discourse-cdn.com/v4/letter/o/bbe5ce/32.png) [@Otto](https://boards.straightdope.com/u/Otto)\ **Post date:** [June 12, 2003, 2:20pm UTC](https://boards.straightdope.com/t/the-history-channel-proudly-offers/181296/6 "2003-06-12T14:20:50Z")
According to the [US Copyright Office](http://www.copyright.gov/help/faq/faq-definitions.html): > [@](#): > > What is copyright infringement? > As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner. > [@](#): > > What is fair dealing? > Use or reproduction of a work for private study, research, criticism, review or newspaper summary. > [@](#): > > Can libraries or educational institutions make multiple copies of parts of books or articles for student use? > > No. The making of multiple copies requires the consent of the copyright owner. This consent may be obtained through a licensing agreement with a photocopying collective. However, the Copyright Act does allow the copying by individuals of parts of works for private study or research. Such copying should be minimal. This exception falls within the fair dealing section of the Act. 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 [/quote] has interpreted the law thusly as it pertains to student exhibition of films: > [@](#): > > The U.S. Copyright Act (U.S.C. 17, 101, and 106) grants all rights of public exhibition of a copyrighted work to the owner of the copyright. Such rights of public exhibition include the right to show a film or video tape to a group, whether or not admission is charged. Congressional reports on copyright applications make clear that even “semi-public” exhibitions in residence halls, clubs, and colleges are classified as public for copyright purposes. > > Organizations and individuals desiring to show video tapes or films must secure permission from the holder of the copyright. Generally, this means that video tapes or films must be rented from companies who hold the rights. Neighborhood video stores do not hold these rights. Even if a tape has been purchased and is owned by a member of the community, it may not be shown outside of the student’s room. 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. ---
**Author:** ![Quasimodem](https://avatars.discourse-cdn.com/v4/letter/q/e274bd/32.png) [@Quasimodem](https://boards.straightdope.com/u/Quasimodem)\ **Post date:** [June 12, 2003, 5:42pm UTC](https://boards.straightdope.com/t/the-history-channel-proudly-offers/181296/7 "2003-06-12T17:42:26Z")
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?😉 Q ---
**Author:** ![tracer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tracer/32/20578_2.png) [@tracer](https://boards.straightdope.com/u/tracer)\ **Post date:** [June 12, 2003, 7:17pm UTC](https://boards.straightdope.com/t/the-history-channel-proudly-offers/181296/8 "2003-06-12T19:17:05Z")
The Sony Betamax decision clarifies VCRs and copyright laws: It is NOT a violation of copyright if you tape a show and then watch it later. But you can’t watch it more than once. ---
**Author:** ![h.sapiens](https://avatars.discourse-cdn.com/v4/letter/h/e0b2c6/32.png) [@h.sapiens](https://boards.straightdope.com/u/h.sapiens)\ **Post date:** [June 12, 2003, 7:31pm UTC](https://boards.straightdope.com/t/the-history-channel-proudly-offers/181296/9 "2003-06-12T19:31:39Z")
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. ---
**Author:** ![Otto](https://avatars.discourse-cdn.com/v4/letter/o/bbe5ce/32.png) [@Otto](https://boards.straightdope.com/u/Otto)\ **Post date:** [June 12, 2003, 8:48pm UTC](https://boards.straightdope.com/t/the-history-channel-proudly-offers/181296/10 "2003-06-12T20:48:44Z")
> [@](#): > > 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. > [@](#): > > It is NOT a violation of copyright if you tape a show and then watch it later. But you can’t watch it more than once. I’m reading the [decision](http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=464&invol=417) 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. ---
**Author:** ![tracer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tracer/32/20578_2.png) [@tracer](https://boards.straightdope.com/u/tracer)\ **Post date:** [June 12, 2003, 9:22pm UTC](https://boards.straightdope.com/t/the-history-channel-proudly-offers/181296/11 "2003-06-12T21:22:13Z")
> [@](#): > > \*Originally posted by Quasimodem \* > **Have any of y’all bought any tapes? Other than no commercials, what’s the appeal?** 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] ---
**Author:** ![Peg](https://avatars.discourse-cdn.com/v4/letter/p/b38774/32.png) [@Peg](https://boards.straightdope.com/u/Peg)\ **Post date:** [June 13, 2003, 12:40am UTC](https://boards.straightdope.com/t/the-history-channel-proudly-offers/181296/12 "2003-06-13T00:40:12Z")
Someone who is a WW2 buff may may want a show on it for their collection. ---
**Author:** ![clayton\_e](https://avatars.discourse-cdn.com/v4/letter/c/c57346/32.png) [@clayton\_e](https://boards.straightdope.com/u/clayton_e)\ **Post date:** [June 13, 2003, 3:48am UTC](https://boards.straightdope.com/t/the-history-channel-proudly-offers/181296/13 "2003-06-13T03:48:35Z")
> [@](#): > > \*Originally posted by tracer \* > \*\*The Sony Betamax decision clarifies VCRs and copyright laws: > > It is NOT a violation of copyright if you tape a show and then watch it later. But you can’t watch it more than once. \*\* You’re kidding, right?