Re: Fair use (again!)

Karen Driessen (karend@selway.umt.edu)
Mon, 26 Nov 2001 16:18:10 -0800 (PST)

Kris,
I would have to say that our university legal counsel also agrees with you
and yours on this point.

At 03:03 PM 11/26/2001 -0800, you wrote:
>This is why our lawyers forbid us to use fair use guidelines, including
>the "Fair Use Guidelines for Educational Multimedia" cited below. They do
>not have the force of law and they encourage people to treat them as
>though they do. They encourage thinking in quotas. Our attorneys believe
>them to be entirely too restrictive. Even if I thought that making a
>compilation tape from _Saving Private Ryan_ exceeds the boundaries of fair
>use, I wouldn't make my decision based upon these guidelines.
>
>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:
> > 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
>
>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

Karen C. Driessen, Director Phone: 406-243-2856
Instructional Media Services FAX: 406-243-2689
32 Campus Drive #4968 E-mail: karend@selway.umt.edu
The University of Montana
Missoula MT 59812-4968