Re: [Videolib] Copyright--again, apologies to all in advance

Jerry Notaro (notaro@stpt.usf.edu)
Tue, 13 Apr 2004 15:18:00 -0400

John,

You are right to be concerned. "Educational situations" is way too broad to
describe fair use. According to TITLE 17 >CHAPTER 1 > Sec. 110.
Of the U.S. Code:

Sec. 110. - Limitations on exclusive rights: Exemption of certain
performances and displays

Notwithstanding the provisions of section 106, the following are not
infringements of copyright:

(1)

performance or display of a work by instructors or pupils in the course of
face-to-face teaching activities of a nonprofit educational institution, in
a classroom or similar place devoted to instruction, unless, in the case of
a motion picture or other audiovisual work, the performance, or the display
of individual images, is given by means of a copy that was not lawfully made
under this title, and that the person responsible for the performance knew
or had reason to believe was not lawfully made;

Face to face teaching situations are not the same as
all-are-welcome-to-film- showings-on-our-campus.

Jerry Notaro, Media Librarian
USF St. Petersburg

> Hello all,
> I am still trying to get a handle on fair use and copyright priviledges
> with moving image material. Please bear with me. Are the following
> correct interpretations of fair use:
>
> Fair use:
> Prof wants to show a small portion of a video in a non classroom event
> for the purpose of illustrating a point. Clip taken directly from the
> source not a reproduction.
> Prof wants to show a film in class and makes it a class requirement
> that the students invite others not taking the class to come and
> participate.
>
> Not fair use:
> Prof wants to show a film in class, and invites by way of campus
> announcement any one else who wants to come to bolster discussion.
> Prof wants to show whole movies in a film series not connected to any
> class (or for that matter is connected to a class), and wants to have
> discussions afterwards connected with the theme of the series.
>
> In all cases the prof would argue that they are all educational
> situations.
>
> Does any one know of a resource that has situations listed like this
> and says whether the situation could fit fair use, a sort of fair use
> matrix for showing moving image materials? If there isn't, is it a good
> idea to make one, with the caveat that there is always gray areas?
>
> Thanks
> jhs
>
> John H. Streepy
> Media Assistant III
> Library-Media Circulation
> Central Washington University Library
> 400 E. 8th AVE
> Ellensburg, WA 98926-7548
>
> (509) 963-2861
> http://www.lib.cwu.edu/media
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> Videolib@library.berkeley.edu
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>

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