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

Jeffrey C. Clark (clarkjc@jmu.edu)
Tue, 12 Sep 2000 16:28:33 -0700 (PDT)

I'm with Gary on this one. The CCUMC guidelines for portions apply to
legitimate (published) copies of media, for acceptable ed. purposes as
enumerated. Taped off-air, and past 45 days in age, removes this sort of
programming from the realm of the legit. And even tossing the guidelines
out of the picture, this status still remains the same and still figures
unfavorably in any other determination of "fair use".

Jeff Clark
James Madison University

On Tue, 12 Sep 2000, Gary Handman wrote:

> Those quantified strictures ("less of 3 minutes or 10%") are from the CCUMC
> multimedia Fair Use guidelines. And that's what they are: Guidelines (NOT
> law!)(http://www.indiana.edu/~ccumc/mmfairuse.html)
>
> The off-air taping part of the equation has to do with the Kastenmeir
> Guidelines for off-air tape (again, they're GUIDELINES, not law)
> (http://www.lib.berkeley.edu/MRC/Kastenmeier.html)
>
> The two don't really have all that much to do with each other.
>
> I think you'd be skating on verrrrrrrrrrrry thin ice doing what you propose.
>
>
>
> At 01:40 PM 09/12/2000 -0700, you wrote:
> >Greetings,
> >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.
> >Director
> >Audio Visual Institute of DuPage
> >The Regional Media Library for the
> >Teachers and Students of DuPage County
> >http://www.avid.dupage.k12.il.us
> >
> >
> >
> >
> >
> 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)
>