Re: Copyright question...a new one!

Mark Richie (Media2@bellatlantic.net)
Tue, 27 Feb 2001 14:24:20 -0800 (PST)

Gary, et al:
What Distirct court is CBS v Columbia University?
MLR

Gary Handman wrote:
>
> Hi all:
>
> In reading over the Columbia ruling (just now), I'm not certain it DOES
> actually pertain to the question at hand. I'm going to flip this question
> over to Bob Browning, Director of the Public Affairs Video Archive
> (C-SPAN)for an opinion (Bob's not a member of this list). Hold tight and
> let's see what he says.
>
> Gary
>
> At 10:01 AM 02/27/2001 -0800, you wrote:
> >Columbia Univesity vs CBS set the precedent, Mark. Presidental speeches
> >are definitely in the PD. Period.
> >
> >Gary Handman
> >Director
> >Media Resources Center
> >Moffitt Library
> >UC Berkeley, CA 94720-6000
> >510-643-8566
> >ghandman@library.berkeley.edu
> >
> >"You are looking into the mind of home video. It is innocent, it is aimless,
> >it is determined, it is real" --Don DeLillo, Underworld
> >
> >On Tue, 27 Feb 2001, Mark Richie wrote:
> >
> >> Wow, another great question full of gray areas.
> >>
> >> The short opinion is: they are NOT in public domain (Gary, can you cite
> >> Law and/ or Code that says tapes of presidential debates or speeches are
> >> in PD?) and, they MAY, under limited circumstances, be open to making
> >> copies of for academic purposes.
> >>
> >> The Long opinion is:
> >> Section 108 (f) allows for the recording and preservation of Daily News
> >> Broadcasts for academic study and single non-systematic reproduction of
> >> a news broadcast for LENDING. News Broadcasts are copyrighted, but this
> >> is an exemption for certain libraries to the right of making copies of
> >> the broadcast. It does not apply to so called "Magazine" format
> >> broadcasts ( see Additional Comments Section of Copyright Law). Further,
> >> Section 108(f) only allows LENDING of the video or film archive and "is
> >> intended to preclude performance, copying, sale . . . by the recipient
> >> of a copy" of the newscast. (quote from added comments section of US
> >> Copyright Law).
> >> The government, per se, does not tape or film debates and speeches of
> >> political figures. It is done by network news organizations(including
> >> League of Women voters sponsored debates), pool cameras in the case of
> >> presidential speeches, state of the union etc. and, in the case of
> >> congressional testimony, under contract to an outside producer. (after I
> >> testified before the House Ways and Means Committee in 1988, I got a
> >> call offering to sell me a video copy of my testimony for $400. I told
> >> them I'd wait for the home video version) But I digress....
> >>
> >> So, now you are back to the source of the speeches and debates that the
> >> professor wants to compile. If they are embeded into a video produced
> >> by a video distributor, then they are part of a larger copyrighted work
> >> and are not fair game for copying. (Unless Gary is right and the
> >> original footage is PD to begin with.)
> >> If they are from a recorded newscast made under the provision of
> >> Section 108 (f) and obtained legally under the American TElevision and
> >> Radio Archive Act of 1974, the question arises if you can legally edit
> >> the archived programs to make a compilation (derivative work) even for
> >> lending purposes. Given the above wording in quotes - probably not.
> >>
> >> Mark Richie
> >>
> >>
> >>
> >> Patricia O'Donnell wrote:
> >> >
> >> > Hi Videolibbers.
> >> > I apologize in advance if this has already been addressed . I am
> wondering
> >> > if any of you can tell me whether Presidential debates, speeches,
> >> > addresses, etc. are considered to be in the Public Domain or are they
> >> > protected?
> >> >
> >> > I've just fielded an inquiry from a faculty member asking us to make a
> >> > compilation tape of Nixon's Checkers speech, Kennedy/Nixon debates,
> >> > Clinlton's "Lewinsky apology". etc., and I'm not sure if I need to pursue
> >> > license to do so or not.
> >> >
> >> > Any ideas?
> >> >
> >> > Regards,
> >> >
> >> > Patricia O'Donnell , Manager
> >> > OID-Instructional Media Library
> >> > (310) 206-1248
> >> > odonnell@ucla.edu
> >> > http://www.oid.ucla.edu/imlib
> >>
> >
> >
> >