Re: Fair use (again!)

Jim Scholtz (jscholtz@sdln.net)
Wed, 28 Nov 2001 10:13:21 -0800 (PST)

HI All, Just thought that I'd put my 2 in. I agree with Kris in terms of
time duration. If one was going to show the entire film to a class as long
as it fit within the jurisdiction of the law in terms of satisfying all 7
requirements - face-to-face teaching, directly related to class content,
grade given with subject content/directly related to subject and the agnecy
showing was defined as a public educational entity, I see no reason why
clips could not be shown (hey, I realized that the original copyright law
was written to accommodate poetry and out-of-context excerpts are a big
deal here. The rub comes when the prof. is putting the clips on reserve.
Face-to-face teaching is no longer happening. Theoretically, copying an
entire magazine article, duplicating it, binding it with other articles and
putting it on reserve is illegal - same goes for this issue. I'd say show
the clips in class twice - don't put it on reserve. It would be
interesting to see how it works out and what your copyright officer says
about the issue. Jim Scholtz.

At 11:00 AM 11/26/01 -0800, you wrote:
>I disagree with Gary because it would be legal to show the entire film in
>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
>
>On Mon, 26 Nov 2001, Gary Handman wrote:
>
>> I think that this definitely stretches the limits of fair use (in number,
>> if not duration of clips).
>>
>> Putting the clips on reserve definitely steps over the bounds.
>>
>> gary
>> At 10:28 AM 11/26/2001 -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
>> >Stadium 343, Gate 11
>> >Campus Box 379
>> >Boulder, CO 80309-0379
>> >
>> >Voice: (303) 492-1816
>> >FAX: (303) 492-7017
>> >E-mail: Barbara.Black@colorado.edu
>>
>> Gary Handman
>> Director
>> Media Resources Center
>> Moffitt Library
>> UC Berkeley, CA 94720-6000
>> 510-643-8566
>> ghandman@library.berkeley.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
>
>
Emacs!