Re: Fair use (again!)

Jane Agee (
Mon, 26 Nov 2001 13:27:57 -0800 (PST)

Dennis, and others
Couldn't resist commenting on "new version." Perhaps this professor
is not teaching the film per se, but using it to demonstrate editing
techniques, or discussing special effects, or a concept that has nothing to
do with the story/theme of the film. Or perhaps the class has seen the
film in it's entirety and they are now discussing specific scenes. It's
difficult to be certain how films are used in academia.
As far as fair use, this one is really seems to be in the "gray" area
- we probably would not worry about this use since it is being used in
face-to-face teaching. It's pretty hard to shuffle between clips when
using this many from one film, and perhaps the clips are to be show out of
the film's sequence which takes too much time when class time is already

Cheers, Jane

Jane Agee,
Film & Video Librarian
Duke University
Durham, NC 27708
TEL: 919-660-5886
FAX: 919-660-5999 on 11/26/2001 02:47:44 PM

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Subject: Re: Fair use (again!)

In a message dated 11/26/01 2:01:34 PM, writes:

<< I disagree with Gary because it would be legal to show the entire film
class. Why not clips? Why is this any different from cueing up the
videotape or skipping around on the DVD? As long as the prof used a legal
copy for the clips, I don't really see why the convenience of putting them
on a tape should be a real problem. We're still talking about
face-to-face teaching.

I would put the entire film on reserve, just to be on the safe side. But
I don't think putting the tape with clips on reserve represents a very
serious risk. -- Kris >>

I agree with Gary. Anytime anyone makes a dupe copy of a legal tape (and as
Barbara says, she doesn't even know the source, so one can't just assume)
any use would bother me. It's mostly the legal aspect, but there's an
artistic aspect as well. Not only is the professor making a new version of
the film for use outside of face-to-face classroom instruction (where time
restraints are an admitted factor), but an inferior copy to "boot" (pun
intended). In my dealings with directors and filmmakers, they are horrified
at some of the ways their films are presented, and in terms of quality,
would definitely be one of them.

I would put the original tape or DVD on reserve with the professor's notes
the scenes to look at.

Dennis Doros
Milestone Film & Video
PO Box 128
Harrington Park, NJ 07640
Phone: (201) 767-3117 or (800) 603-1104
Fax: (201) 767-3035