JCCC: Copyright vs. Open Records of Open Meetings

I have posted videos produced by JCCC which include some Board of Trustee meetings. I will continue to do so under section 107 of the copyright law – FAIR USE.

“Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research.” – U.S. Copyright Office.

JCCC began asserting its copyright because it says videos posted on YouTube took segments of the JCCC Board of Trustees meeting out of context and violated it’s copyright. It also says these and other JCCC copyright videos were posted on the internet.

Yet, one of the “four factors” used to determine the violation of fair use is “the amount and substantiality of the portion used in relation to the copyrighted work as a whole.” This basically means, one cannot claim the entire product or the heart of the product under fair use.

In reality, this factor encourages users to employ the less-is-more approach by selecting segments of the original work instead of the entire product.

Board meetings aren’t the only things JCCC broadcasts and uploads to the web. Other programs on the JCCC Video Server and JCCC YouTube Chanel include: cooking, community talk shows, news programs, classes, Kansas tours, sabbatical reports — to name a few. Will JCCC also exert it’s copyright over these programs?

Doug Anstaett, Executive Director of the Kansas Press Association, disagrees with JCCC’s copyright approach to a video of an open meeting:

The arrogance of those in positions of leadership at Johnson County Community College never ceases to amaze me. To think that a public body would record their meetings and then require the public to get their written permission to utilize them is a clear illustration of why government is held in such low regard.

JCCC attorney Mark Ferguson thinks the college can control how online video of the board meetings can be used by the public:

Just because something is subject to KORA and KOMA does not provide carte blanche authority to use the information for any purpose and in any way desired by the public. KORA and KOMA permit the restrictions on the use of public information (i.e., commercial use, etc.).

Ferguson even claims JCCC would have rights to recordings made by citizens at Board meetings:

The fact that a citizen makes their own audio or video of the JCCC Board of Trustees meeting does not change the content or grant the person recording some unrestricted license to use the material in any way he/she desires.

via JCCC: Copyright vs. Open Records of Open Meetings.

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1 Comment

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One response to “JCCC: Copyright vs. Open Records of Open Meetings

  1. Miguel, I so much agree with your thoughts on this copyright matter. I admire it all the more since this issue proceeded from a Discrimination Complaint with which you disagree.

    You and I disagree on the issues of illegal aliens or gay marriage, but it’s not everyone who could overlook that in favor of still championing the 1st Amendment.

    I also understand you were one of the primary movants which forced the resignation of Pres. Carlsen who was apparently a serial sexual harasser. I too know Teresa Lee, and she much admires you. Kudos for your activism in that matter and in this.

    Sincerely,
    Kathy Brown, Esq.