I agree with Jane Agee's interpretation. No one is creating a derivative
work. The professor is just trying to create a more effective classroom
teaching tool. Take a look at the four tests of fair use:
http://www.iupui.edu/~copyinfo/sec107.html. Go to #4, "the effect of the
use upon the potential market for or value of the copyrighted work." Is
the instructor's use really having a negative impact on "the potential
market for or value of the copyrighted work?" Could the professor buy a
tape with the clips? License the clips individually? I think not. I
wouldn't worry about this tape for a minute. -- Kris
On Mon, 26 Nov 2001, Marilyn Huntley wrote:
> 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:
> 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:
> >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?
> >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 email@example.com
Kristine R. Brancolini, Director, Digital Library Program
Main Library E170, 1320 E. Tenth Street
Indiana University, Bloomington, IN 47405
Phone: 812.855.3710 | Fax: 812.856.2062 | Web: www.dlib.indiana.edu