Re: Fair use (again!)

Marilyn Huntley (mhuntley@hamilton.edu)
Mon, 26 Nov 2001 14:06:42 -0800 (PST)

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Once upon a time there was a set of Fair Use Guidelines, presented by the
CCUMC in 1996. Do they still apply? If they do (and I sincerely hope so,
because we still quote them as a weapon against faculty and student misuse
of copyrighted media), then there are several sections that fit what
Barbara is asking about. Go to any of these websites:
http://www.libraries.psu.edu/mtss/fairuse/guidelinedoc.html
http://www.indiana.edu/~ccumc/mmfairuse.html
http://www3.utsystem.edu/ogc/intellectualproperty/ccmcguid.htm
http://www.adec.edu/admin/papers/fair10-17.html
http://www.tifb.state.tx.us/training/fairuse.htm
http://www.washington.edu/classroom/emc/fairuse.html
http://www.id.ucsb.edu/detche/library/www/fairuse.html

In the Fair Use Guidelines it says that "preparation of educational
multimedia projects using portions of copyrighted works" may be done
without permission "By Educators for Curriculum-Based Instruction" [sec.
2.2]. These projects may be used for "face-to-face instruction" and
"assigned to students for directed self-study" [sec. 3.2.1 and 3.2.2].

There are Limitations. For Motion Media, "up to 10% or 3 minutes, whichever
is less, in the aggregate of a copyrighted motion media work may be
reproduced or otherwise incorporated as part of an educational multimedia
project" [sec. 4.2.1]. They define "in the aggregate" as meaning "the total
amount of copyrighted material from a single work that is permitted to be
used... under these guidelines... These limitations apply cumulatively to
each educator's... project(s) for the same academic semester... or term"
[sec. 4].

And there are Copying and Distribution Limitations: "only a limited number
of copies, including the original, may be made of an educator's educational
multimedia project; for all of the uses permitted... there may be no more
than two use copies... one of which may be placed on reserve..." [sec. 4.3].

Also, here's an interesting Important Reminder: "educators... are advised
that they must include on the opening screen of their project and any
accompanying print material a notice that certain materials are included
under the fair use exemption... and have been prepared according to the...
fair use guidelines and are restricted from further use" [sec. 6.3].

So, if we believe the CCUMC's Fair Use Guidelines are still current, then
Barbara's profs' use of 35 minutes of clips from a single movie would be
way more than the permitted "3 minutes, in the aggregate."

I hope this helps!
Marilyn Huntley

At 10:27 AM 11/26/01 -0800, you wrote:
>Hi:
>
>I know we've been down this road before, but I thought I'd check with you
>before replying to one of our profs who wants to use a total of 35 minutes
>of taped excerpts from Saving Private Ryan (169 min.) in face-to-face
>instruction. The longest of the 7 clips is 8 min., the shortest is just
>over 2 min. Where he got the original tape from which to take the excerpts
>is unknown. Any copyright problem with doing this? What if he then puts
>the tape of clips on reserve in the library for his students to use for
>review/study/assignment purposes?
>
>Thanks.
>
>Barbara
>
>
>--
>Barbara Black
>Video Library
>Information Technology Services
>University of Colorado at Boulder

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
Marilyn B. Huntley, Audiovisual Assistant
Audiovisual Classroom Services
408 Christian A. Johnson Hall
Hamilton College, 198 College Hill Rd., Clinton, NY 13323
Phone 315-859-4120; Fax 315-859-4687
e-mail mhuntley@hamilton.edu
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Once upon a time there was a set of Fair Use Guidelines, presented by the CCUMC in 1996. Do they still apply? If they do (and I sincerely hope so, because we still quote them as a weapon against faculty and student misuse of copyrighted media), then there are several sections that fit what Barbara is asking about. Go to any of these websites:
http://www.libraries.psu.edu/mtss/fairuse/guidelinedoc.html
http://www.indiana.edu/~ccumc/mmfairuse.html
http://www3.utsystem.edu/ogc/intellectualproperty/ccmcguid.htm
http://www.adec.edu/admin/papers/fair10-17.html
http://www.tifb.state.tx.us/training/fairuse.htm
http://www.washington.edu/classroom/emc/fairuse.html
http://www.id.ucsb.edu/detche/library/www/fairuse.html


In the Fair Use Guidelines it says that "preparation of educational multimedia projects using portions of copyrighted works" may be done without permission "By Educators for Curriculum-Based Instruction" [sec. 2.2]. These projects may be used for "face-to-face instruction" and "assigned to students for directed self-study" [sec. 3.2.1 and 3.2.2].

There are Limitations. For Motion Media, "up to 10% or 3 minutes, whichever is less, in the aggregate of a copyrighted motion media work may be reproduced or otherwise incorporated as part of an educational multimedia project" [sec. 4.2.1]. They define "in the aggregate" as meaning "the total amount of copyrighted material from a single work that is permitted to be used... under these guidelines... These limitations apply cumulatively to each educator's... project(s) for the same academic semester... or term" [sec. 4].

And there are Copying and Distribution Limitations: "only a limited number of copies, including the original, may be made of an educator's educational multimedia project; for all of the uses permitted... there may be no more than two use copies... one of which may be placed on reserve..." [sec. 4.3].

Also, here's an interesting Important Reminder: "educators... are advised that they must include on the opening screen of their project and any accompanying print material a notice that certain materials are included under the fair use exemption... and have been prepared according to the... fair use guidelines and are restricted from further use" [sec. 6.3].


So, if we believe the CCUMC's Fair Use Guidelines are still current, then Barbara's profs' use of 35 minutes of clips from a single movie would be way more than the permitted "3 minutes, in the aggregate."

I hope this helps!
Marilyn Huntley
 
At 10:27 AM 11/26/01 -0800, you wrote:

Hi:

I know we've been down this road before, but I thought I'd check with you
before replying to one of our profs who wants to use a total of 35 minutes
of taped excerpts from Saving Private Ryan (169 min.) in face-to-face
instruction.  The longest of the  7 clips is 8 min., the shortest is just
over 2 min.  Where he got the original tape from which to take the excerpts
is unknown.  Any copyright problem with doing this?   What if he then puts
the tape of clips on reserve in the library for his students to use for
review/study/assignment purposes?

Thanks.

Barbara


--
Barbara Black
Video Library
Information Technology Services
University of Colorado at Boulder


~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
Marilyn B. Huntley, Audiovisual Assistant
Audiovisual Classroom Services
408 Christian A. Johnson Hall
Hamilton College, 198 College Hill Rd., Clinton, NY 13323
Phone 315-859-4120; Fax 315-859-4687
e-mail mhuntley@hamilton.edu --=====================_29327693==_.ALT--