Re: Copyright-fair use segment vs. off air rules

Nell Chenault (
Tue, 12 Sep 2000 15:51:19 -0700 (PDT)

Our institution follows an "on order" guideline. If we are in the process
of ordering and you have an unanticipated need to use the work, than we use
the "illegal" copy of the tape until the ordered copy is received. This is
explicitly OK'ed in Copyright guidelines for Music, but I don't think this
is addressed for other perfomance works (film). Sooo- start ordering the
title, but Hollywood may get you!

I just had the old Copyright Office circular in my hand to sight this, but
it is lost in my office after answering numerous patron questions. If you
need the citation, I will send later.

As with all copyright advice, I am not a lawyer - nor an expert.

At 01:40 PM 9/12/00 -0700, you wrote:
>Would the esteemed members (or at least those willing to venture their
>thoughts) shed some light on the "less of 3 minutes or 10%" fair use
>rule for video with regard to teacher prepared material (Hyperstudio or
>PowerPoint). In particular, do the rules for off-air taping (i.e. show
>full piece once in 30 days and parts of piece within another 15) trump
>the above fair use rule? Specific instance: teacher wishes to prepare a
>digitized video clip of 2 minutes from material taped off-air over 45
>days ago.
>Many thanks in advance!
>Pierre J. Gregoire, MLIS.
>Audio Visual Institute of DuPage
>The Regional Media Library for the
>Teachers and Students of DuPage County

Nell Chenault
Head, Media Resource Services
James Branch Cabell Library
Virginia Commonwealth University
Richmond, VA 23284-2033
804.828.7473 (fax)