Fair Use requires that the original source be a legally obtained copy.
If the original sourse was a tape made under the 10/45 guideline and
it is over 45 days, the copy is not legal.
On the other hand it can be argued that ANY tape made under the 10/45
guideline does not consitiute a legal copy under the LAW since the 10/45
guideline does not have the force of law and is only an industry
accepted "safe harbor." Which doesn't stop a copyright holder from
making your life uncomforatble.
The Multi-media Fair-use Guidelines for 3min/10 percent still require
that the clip be taken from a "lawfully obtained copy" which in the very
strictest sense is only form a copy purchaed or licenced.
Always apply the Ivan Bender fair use test:
"The question is: How famous do your want to be?"
Pierre J. Gregoire 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