Re: another copyright question

Gary Handman (ghandman@library.berkeley.edu)
Mon, 18 Nov 2002 09:21:38 -0800 (PST)

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Sorry, Mark...I think you're dead wrong here.

Fair use allows use of copyrighted works (or portions thereof) for certain
purposed (generally scholarly or educational) without the permission of the
rights holder. Altho we certainly don't have much that's granted to us in
the way of fair use latitude for media use, we DO have some rights, and we
should hang onto and go to bat for these rights for dear life...

The Fair Use Guidelines for Multimedia, while not beloved or approved by
everyone, do at least provide some
consensual notion (the consensus being between the educators and industry
folk who ushered the guidelines thru adoption) of what constitutes fair use
of copyrighted media works in a digital environment.

I think the point to be made is that: a) the use must be educational in
nature, rather than commercial b) the extent and duration of materials used
must be limited (the quantification provided by the Guidelines are a point
of contention for some--including ALA--but at least provide a rough
yardstick) c) the derivative work (the work that includes the clips) can't
be retained forever

At 09:04 AM 11/18/2002 -0800, you wrote:
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>
>It is illegal because they are going to copy it and put their names on it
>at the end. They may refer to it in text, but the actual copy requires
>permission, as in "Used by Permission", etc. Each and every clip must have
>separate permissions from each copyright owner, and the source you used to
>purchase the title may not even have the permission to give you permission.
>Each student would need the permissions for his or her project, unless a
>blanket permission is negotiated. Remember, they are not just referring to
>a title or content, they are actually copying portions of a copyrighted work.
>
>Since that material is no longer being used in a mediated face-to-face
>classroom setting, it also is no longer covered by "Fair Usage", either.
>
>The "profs" will, most likely, balk at that. Your response to them is that
>if they order a student to make an illegal copy of a title, they are
>complicit in that crime as if they had made the copy themselves.
>
>**********************************************
>At 08:17 AM 11/18/02 -0800, you wrote:
> >--=_D08C394E.F495FEE8
> >Content-Type: text/plain; charset=US-ASCII
> >Content-Transfer-Encoding: 7bit
> >
> >I got some profs here who want their students to check out our films and
> >copy bits of them for media arts projects.
> >
> >Oh, wise copyright gurus, tell me why this is as illegal as I suspect.
> >LeeAnne
> >
> >
> >LeeAnne L. Krause
> >Manager, Educational Films
> >USC Film Library
> >803-777-0322
> >
> >
> >
> >
> >
> >
> >--=_D08C394E.F495FEE8
> >Content-Type: text/html; charset=ISO-8859-1
> >Content-Transfer-Encoding: 8bit
> >
> ><!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN">
> >I got some profs here who want their students to check out our films and
> >copy bits of them for media arts projects.
> >
> >Oh, wise copyright gurus, tell me why this is as illegal as I suspect.
> >LeeAnne
> >
> >
> >LeeAnne L. Krause
> >Manager, Educational Films
> >USC Film Library
> >803-777-0322
> >
> >
> >
> >
> >
> >
> >--=_D08C394E.F495FEE8--
>
>****************************************************************************
>Mark W. Kopp
>Circulation Coordinator
>Appalachia Intermediate Unit 8
>Instructional Materials Services Department
>580 Foot of Ten Road
>Duncansville, Pa 16635
>(814) 695-1972 Phone
>(814) 695-3018 Fax
>E-Address:
>mail to:iu8film@iu08.org
>See us on the Web at:
><http://www.iu08.org>http://www.iu08.org
>Click on; "Instructional Materials Services"
>
>
>
>--=====================_14395908==.ALT
>Content-Type: text/html; charset="us-ascii"
>
>It is illegal because they are going to copy it and put their names on it
>at the end. They may refer to it in text, but the actual copy requires
>permission, as in "Used by Permission", etc. Each and every clip must have
>separate permissions from each copyright owner, and the source you used to
>purchase the title may not even have the permission to give you
>permission. Each student would need the permissions for his or her
>project, unless a blanket permission is negotiated. Remember, they are not
>just referring to a title or content, they are actually copying portions
>of a copyrighted work.
>
>Since that material is no longer being used in a mediated face-to-face
>classroom setting, it also is no longer covered by "Fair Usage", either.
>
>The "profs" will, most likely, balk at that. Your response to them is that
>if they order a student to make an illegal copy of a title, they are
>complicit in that crime as if they had made the copy themselves.
>
>**********************************************
>At 08:17 AM 11/18/02 -0800, you wrote:
>>--=_D08C394E.F495FEE8
>>Content-Type: text/plain; charset=US-ASCII
>>Content-Transfer-Encoding: 7bit
>>
>>I got some profs here who want their students to check out our films and
>>copy bits of them for media arts projects.
>>
>>Oh, wise copyright gurus, tell me why this is as illegal as I suspect.
>>LeeAnne
>>
>>
>>LeeAnne L. Krause
>>Manager, Educational Films
>>USC Film Library
>>803-777-0322
>>
>>
>>
>>
>>
>>
>>--=_D08C394E.F495FEE8
>>Content-Type: text/html; charset=ISO-8859-1
>>Content-Transfer-Encoding: 8bit
>>
>><!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN">
>>I got some profs here who want their students to check out our films and
>>copy bits of them for media arts projects.
>>
>>Oh, wise copyright gurus, tell me why this is as illegal as I suspect.
>>LeeAnne
>>
>>
>>LeeAnne L. Krause
>>Manager, Educational Films
>>USC Film Library
>>803-777-0322
>>
>>
>>
>>
>>
>>
>>--=_D08C394E.F495FEE8--
>
>****************************************************************************
>Mark W. Kopp
>Circulation Coordinator
>Appalachia Intermediate Unit 8
>Instructional Materials Services Department
>580 Foot of Ten Road
>Duncansville, Pa 16635
>(814) 695-1972 Phone
>(814) 695-3018 Fax
>E-Address:
>mail to:iu8film@iu08.org
>See us on the Web at:
><http://www.iu08.org>http://www.iu08.org
>Click on; "Instructional Materials Services"
>
>
>
>--=====================_14395908==.ALT--

Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley
ghandman@library.berkeley.edu
http://www.lib.berkeley.edu/MRC
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Content-Type: text/html; charset="us-ascii"

Sorry, Mark...I think you're dead wrong here.

Fair use allows use of copyrighted works (or portions thereof) for certain purposed (generally scholarly or educational) without the permission of the rights holder.   Altho we certainly don't have much that's granted to us in the way of fair use latitude for media use, we DO have some rights, and we should hang onto and go to bat for these rights for dear life...

The Fair Use Guidelines for Multimedia, while not beloved or approved by everyone, do at least provide some
consensual notion (the consensus being between the educators and industry folk who ushered the guidelines thru adoption) of what constitutes fair use of copyrighted media works in a digital environment. 

I think the point to be made is that:  a) the use must be educational in nature, rather than commercial b) the extent and duration of materials used must be limited (the quantification provided by the Guidelines are a point of contention for some--including ALA--but at least provide a rough yardstick) c) the derivative work (the work that includes the clips) can't be retained forever

 



At 09:04 AM 11/18/2002 -0800, you wrote:

--=====================_14395908==.ALT
Content-Type: text/plain; charset="us-ascii"; format=flowed

It is illegal because they are going to copy it and put their names on it
at the end. They may refer to it in text, but the actual copy requires
permission, as in "Used by Permission", etc. Each and every clip must have
separate permissions from each copyright owner, and the source you used to
purchase the title may not even have the permission to give you permission.
Each student would need the permissions for his or her project, unless a
blanket permission is negotiated. Remember, they are not just referring to
a title or content, they are actually copying portions of a copyrighted work.

Since that material is no longer being used in a mediated face-to-face
classroom setting, it also is no longer covered by "Fair Usage", either.

The "profs" will, most likely, balk at that. Your response to them is that
if they order a student to make an illegal copy of a title, they are
complicit in that crime as if they had made the copy themselves.

**********************************************
At 08:17 AM 11/18/02 -0800, you wrote:
>--=_D08C394E.F495FEE8
>Content-Type: text/plain; charset=US-ASCII
>Content-Transfer-Encoding: 7bit
>
>I got some profs here who want their students to check out our films and
>copy bits of them for media arts projects.
>
>Oh, wise copyright gurus, tell me why this is as illegal as I suspect.
>LeeAnne
>
>
>LeeAnne L. Krause
>Manager, Educational Films
>USC Film Library
>803-777-0322
>
>
>
>
>
>
>--=_D08C394E.F495FEE8
>Content-Type: text/html; charset=ISO-8859-1
>Content-Transfer-Encoding: 8bit
>
><!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN">
>I got some profs here who want their students to check out our films and
>copy bits of them for media arts projects.
>
>Oh, wise copyright gurus, tell me why this is as illegal as I suspect.
>LeeAnne
>
>
>LeeAnne L. Krause
>Manager, Educational Films
>USC Film Library
>803-777-0322
>
>
>
>
>
>
>--=_D08C394E.F495FEE8--

****************************************************************************
Mark W. Kopp
Circulation Coordinator
Appalachia Intermediate Unit 8
Instructional Materials Services Department
580 Foot of Ten Road
Duncansville, Pa  16635
(814) 695-1972 Phone
(814) 695-3018 Fax
E-Address:
mail to:iu8film@iu08.org
See us on the Web at:
<http://www.iu08.org>http://www.iu08.org
Click on;   "Instructional Materials Services"



--=====================_14395908==.ALT
Content-Type: text/html; charset="us-ascii"

It is illegal because they are going to copy it and put their names on it at the end. They may refer to it in text, but the actual copy requires permission, as in "Used by Permission", etc. Each and every clip must have separate permissions from each copyright owner, and the source you used to purchase the title may not even have the permission to give you permission. Each student would need the permissions for his or her project, unless a blanket permission is negotiated. Remember, they are not just referring to a title or content, they are actually copying portions of a copyrighted work.

Since that material is no longer being used in a mediated face-to-face classroom setting, it also is no longer covered by "Fair Usage", either.

The "profs" will, most likely, balk at that. Your response to them is that if they order a student to make an illegal copy of a title, they are complicit in that crime as if they had made the copy themselves.

**********************************************
At 08:17 AM 11/18/02 -0800, you wrote:
--=_D08C394E.F495FEE8
Content-Type: text/plain; charset=US-ASCII
Content-Transfer-Encoding: 7bit

I got some profs here who want their students to check out our films and
copy bits of them for media arts projects. 
 
Oh, wise copyright gurus, tell me why this is as illegal as I suspect.
LeeAnne
 
 
LeeAnne L. Krause
Manager, Educational Films
USC Film Library
803-777-0322
 
 
 

 

--=_D08C394E.F495FEE8
Content-Type: text/html; charset=ISO-8859-1
Content-Transfer-Encoding: 8bit

<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN">
I got some profs here who want their students to check out our films and copy bits of them for media arts projects. 
 
Oh, wise copyright gurus, tell me why this is as illegal as I suspect.
LeeAnne
 
 
LeeAnne L. Krause
Manager, Educational Films
USC Film Library
803-777-0322

 
 
 

 

--=_D08C394E.F495FEE8--

****************************************************************************
Mark W. Kopp
Circulation Coordinator
Appalachia Intermediate Unit 8
Instructional Materials Services Department
580 Foot of Ten Road
Duncansville, Pa  16635
(814) 695-1972 Phone
(814) 695-3018 Fax
E-Address:
mail to:iu8film@iu08.org
See us on the Web at:
http://www.iu08.org
Click on;   "Instructional Materials Services"



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Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley
ghandman@library.berkeley.edu
http://www.lib.berkeley.edu/MRC

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