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

Jessica Rosner (jrosner@kino.com)
Tue, 13 Apr 2004 15:17:08 -0500

John this is part to the very common but very mistaken confusion
between FAIR USE and FACE TO FACE teaching exemption. FAIR USE
allows under certain circumstances the use of SMALL portion of a copyrighted
work which for instance would cover ONLY your FIRST
situation
The second situation IS a violation because it is NOT "Fair Use" as
an ENTIRE work is being shown and in inviting students NOT enrolled
in the class it would NOT be covered by "face to face " exemption
In reality provided they students are just asking friends to come
and there is no public posting or listing, no one is going to care
or catch it.

The third case is clear violation because there would be public
listings and it is NOT limited to the students enrolled in the class

Please tell the dear prof THAT THERE IS NO SUCH THING AS AS EDUCATIONAL
EXEMPTION OR USE. There is only "fair use" for portions of a work
or "Face to Face" exemption for legally obtained copies to be
shown IN A SPECIFIC CLASS to students enrolled in the class

If there were such a thing as "educational use" it would hardly be limited
to video. You could copy any books or magazines you wanted so long
it was for "educational use" You could perform plays and music
without paying royalties so long as it was for "educational use".

Sorry to rant but it is frustrating that it so hard for professors
who I believe should RESPECT the rights of artists and creators of these
works but somehow see video/DVD as something not worthy of the same value
as a book or play

Jesssica

-- 
Jessica Rosner
Kino International
333 W 39th St. 503
NY NY 10018
jrosner@kino.com
212-629-6880

> From: John Streepy <John.Streepy@cwu.EDU> > Reply-To: videolib@library.berkeley.edu > Date: Tue, 13 Apr 2004 10:02:49 -0700 > To: videolib@library.berkeley.edu > Subject: [Videolib] Copyright--again, apologies to all in advance > > 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 > _______________________________________________ > Videolib mailing list > Videolib@library.berkeley.edu > http://www.lib.berkeley.edu/mailman/listinfo/videolib

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