Re: copyright question

Robert Mink (rmm430@hotmail.com)
Thu, 23 Jan 2003 21:34:25 -0800 (PST)

Gary,

Thank-you for clarifying this. I was not aware of the distinction between
"fair use" and "first sale", which as it affects library practice makes a
difference. However, I can understand holding a library (lender) liable for
knowingly allowing copyrighted material to used illegally. Its similar to
the impact of the Patriot Act.

Would you refer me to some titles on media Copyright and media
librarianship?

Robert

From: Gary Handman <ghandman@library.berkeley.edu>
Reply-To: videolib@library.berkeley.edu
To: Multiple recipients of list <videolib@library.berkeley.edu>
Subject: Re: copyright question
Date: Thu, 23 Jan 2003 16:43:42 -0800 (PST)

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Robert:

I appreciate your input, but you are fairly seriously wrong
here. Libraries are not exempt in any way shape or form from ANY of the
strictures governing public performance. Fair Use does not enter in any
way into the issue. In fact, Fair Use really doesn't apply to any of the
services or activities of a public library. Practically the only Fair Use
loop hole that librarians can squeeze thru has to do with the use of video
in face-to-face teaching...and possibly the use of portions of copyrighted
works in connection with academic enterprise.

The loan of materials to patrons is allowed by the doctrine of First
Sale...it has nothing to do with copyright, actually, and nothing to do
with fair use at all. There has been vague anecdotal evidence that
knowingly circulating materials for illegal use may put the lender at risk,
as well as the end-user.

If SJSU needs someone to teach media librarianship in the SLIS, I'm
available...

Gary

At 12:52 PM 1/23/2003 -0800, you wrote:
>The issue of PPR and the liability of Library Loan and "Fair Use" goes
full
>circle after examining the CopyRight Act, Section 107. In all of the legal
>interpretations of Copyright the question of fair use examines the
>intentions of the use of the copyrighted material and IF there will be any
>commercial gain from that use. Educational institutions (which libraries
>fall into this catagory) are exempt from the standard of public showing.
The
>patron is using this legal extention in all copyright uses of the library.
>If a patron violates the provision, its the patron NOT the "Educational
>Institution" that is commiting the violation. Seems fair.
>
>Robert Mink
>SJSU/SLIS
>
>
>
>From: Rick Faaberg <rfaaberg@attbi.com>
>Reply-To: videolib@library.berkeley.edu
>To: Multiple recipients of list <videolib@library.berkeley.edu>
>Subject: Re: copyright question
>Date: Thu, 23 Jan 2003 11:56:52 -0800 (PST)
>
>On 1/23/03 11:48 AM "Jessica Rosner" <jrosner@kino.com> sent this out:
>
> > I think this is pretty
> > standard for so called "educational films"
>
>Yes it certainly is!
>
>At issue, though, is whether we actually need PPR, or rather, that Fair
Use
>allow use of just about anything in the course of face-to-face instruction
>in a classroom setting, including videos marked "home use only".
>
>Regards,
>
>Rick Faaberg
>
>
>_________________________________________________________________
>The new MSN 8: advanced junk mail protection and 2 months FREE*
>http://join.msn.com/?page=features/junkmail

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

I appreciate your input, but you are fairly seriously wrong here.   Libraries are not exempt in any way shape or form from ANY of the strictures governing public performance.  Fair Use does not enter in any way into the issue.   In fact, Fair Use really doesn't apply to any of the services or activities of a public library.   Practically the only Fair Use loop hole that librarians can squeeze thru has to do with the use of video in face-to-face teaching...and possibly the use of portions of copyrighted works in connection with academic enterprise.

The loan of materials to patrons is allowed by the doctrine of First Sale...it has nothing to do with copyright, actually, and nothing to do with fair use at all.  There has been vague anecdotal evidence that knowingly circulating materials for illegal use may put the lender at risk, as well as the end-user. 

If SJSU needs someone to teach media librarianship in the SLIS, I'm available...

Gary




At 12:52 PM 1/23/2003 -0800, you wrote:

The issue of PPR and the liability of Library Loan and "Fair Use" goes full
circle after examining the CopyRight Act, Section 107. In all of the legal
interpretations of Copyright the question of fair use examines the
intentions of the use of the copyrighted material and IF there will be any
commercial gain from that use. Educational institutions (which libraries
fall into this catagory) are exempt from the standard of public showing. The
patron is using this legal extention in all copyright uses of the library.
If a patron violates the provision, its the patron NOT the "Educational
Institution" that is commiting the violation. Seems fair.

Robert Mink
SJSU/SLIS



From: Rick Faaberg <rfaaberg@attbi.com>
Reply-To: videolib@library.berkeley.edu
To: Multiple recipients of list <videolib@library.berkeley.edu>
Subject: Re: copyright question
Date: Thu, 23 Jan 2003 11:56:52 -0800 (PST)

On 1/23/03 11:48 AM "Jessica Rosner" <jrosner@kino.com> sent this out:

 > I think this is pretty
 > standard for so called "educational films"

Yes it certainly is!

At issue, though, is whether we actually need PPR, or rather, that Fair Use
allow use of just about anything in the course of face-to-face instruction
in a classroom setting, including videos marked "home use only".

Regards,

Rick Faaberg


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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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