Re: PP videos

Gary Handman (ghandman@library.berkeley.edu)
Mon, 8 May 2000 08:35:29 -0700 (PDT)

Jessica...

Let me jump in here and say a few things. The fair use exemption is geared
to providing instrutors the latitude of using copyright materials in
face-to-face teaching, in the course of regular instruction, in a place
where instruction normally occurs. Not being a K-12 instructor, I don't
think you can really speak to what or what not might be effective as a
teaching resource in the curriculum. I can think of a number of very
creative uses of Disney features in teaching lower grades. There is no
categorical exclusion--be it genre, studio, filmmaker, what have you--from
Fair Use. The copyright pendulum swings two ways: I think it's ethically
and professionally up to educators and others to become familiar with the
law and to adhere to it; at the same time, fair use is a right which,
although loosely defined, is an exceptionally precious one (particularly in
these days of intellectual property grabs)...eductors should take advantage
of these rights whenever appropriate, and they shouldn't be cowed by the
misinformation and fear which seems to increasingly be promulgated out
there in the world of commerce and profit (not to say you're a culprit in
this...of course of course of course!!!)

Gary

At 07:17 AM 05/08/2000 -0700, you wrote:
>I have no problem with the general discussion on this but would like to add
>a word of caution.
>While you do not need PP rights for genuine educational classroom use, I
>have gotten frustrated with how far some people have tried to stretch this.
>I have very little knowlege of the K-12 field but I think it would be hard
>to justify ANY standard Disney or Childrens film as educational rather than
>entertainement. I am speaking STRICTLY of feature films and I realize there
>is a lot of other material out there. At the University level which I deal
>with often, too often professors or other non-media people try to justify
>screenings by stating that pretty much ANYTHING they do is educational. The
>"face to face" exemption is limited to a REAL classroom setting and to ONLY
>students enrolled in THAT CLASS. This may seem obvious but I have spend a
>lot of wasted breath explaining this to people.
>
> If your institution never uses the tapes outside of the classroom or home
>use than you would not need PPR. However with many places increasingly
>wanting the rights for for campus closed circuit or on campus screening,
>many institutions do need PPR. I realize that many of you are forced to buy
>it regardless of need since many educational tapes only come with PPR. In
>that case there is really nothing you can do about it as it is at a
>distributors discretion. I think most of you are savvy enough to check
>around to see if you can get the same title for less. However as a
>distributor I would like to emphasize that we rely on the knowlege and
>honesty of buyers and users not to abuse the face to face exemption
>
>Jessica Rosner
>Kino
>
>
Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley 94720-6000
http://www.lib.berkeley.edu/MRC

"Everything wants to become television" (James Ulmer -- Teletheory)