The fine points of intellectual property rights, fair use and copyright
miss the point that a copyright holder is free to negotiate, sell or
give away any rights he/she wants to in the form of a contract or
A producer may negotiate streaming rights but not store and forward
rights, or vice versa. They can offer campus closed circuit rights
(analog cable) but be gun shy about broad IP Transmisssion Rights.
Most, if not all, of the Multimedia fair USe Guidelines have NOTHING to
do with the kind of cross campus, inter campus transmission of entire
non-theatrical works. They apply in narrowly defined circumstances by
and for teacher and students using portions of audio, video and images
in multi-media productions and/or for posting to a web site.
Many portions of the Copyright law that apply to DISPLAY and PEFORMANCE
and TRANMISSION of audiovisual works begin with the words, "not
withstanding the provisions of section XYZ . . . ." Likewise portions
of the law that deal with Fairuse (107) and Exemptions to public
Performance include language that excludes application to non-dramatic
auiovisual works. We like to read into language what we want to if it
will justify our objectives.
Remember the words of Copyright Attorney Ivan Bender when you are
thinking of testing the Fiar Use limits: "How Famous do You Want to Be?"
Somewhere we need to break this cycle of always arguing section 107, the
constitution, intelectual freedom and fair use. If it is a
non-theatrical title made for the education market and you want digital
transmission rights - call the producer and ask.