[Videolib] Copyright--again

Gary Handman (ghandman@library.berkeley.edu)
Tue, 13 Apr 2004 13:28:39 -0700

--=====================_20042343==.ALT
Content-Type: text/plain; charset="us-ascii"; format=flowed

>
>
>Hi John
>
>Well, unfortunately, there is no nice, tidy, fair use cookbook recipe for
>most of this stuff. The only things to grasp on to are Title 17's
>dictim's concerning face-to-face teaching and...more of a slippery
>grasp...the Fair Use Guidelines for Educational Multimedia (not law,
>simply guidelines...).
>http://www.utsystem.edu/ogc/intellectualproperty/ccmcguid.htm#2
>
>Here is my layman's take (not legal advice, simply opinion)
>
>"small portion of a video in a non classroom event for the purpose of
>illustrating a point" -- probaly depends on the nature of the
>non-classroom event. If it were a professional conference or similar
>event, the use is probably fair use. If it's for a general
>extra-curricular audience, I'd be wary
>
>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.
> This doesn't meet the definition of face-to-face teaching fair
> use exemption. Period.
>
>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.
>Neither of these meet the definition of face-to-face teaching fair use
>exemption. Period.
>
>Hope this helps...
>
>gary
>
>At 10:02 AM 4/13/2004, you wrote:
>>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
>
>Gary Handman
>Director
>Media Resources Center
>Moffitt Library
>UC Berkeley
>ghandman@library.berkeley.edu
>http://www.lib.berkeley.edu/MRC
>
>****
>
>"Movies are poems, a holy bible, the great mother of us."
> --Ted Berrigan

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

****

"Movies are poems, a holy bible, the great mother of us."
--Ted Berrigan
--=====================_20042343==.ALT
Content-Type: text/html; charset="us-ascii"



Hi John

Well, unfortunately, there is no nice, tidy, fair use cookbook recipe for most of this stuff.  The only things to grasp on to are Title 17's dictim's concerning face-to-face teaching  and...more of a slippery grasp...the Fair Use Guidelines for Educational Multimedia (not law, simply guidelines...). http://www.utsystem.edu/ogc/intellectualproperty/ccmcguid.htm#2

Here is my layman's take (not legal advice, simply opinion)

"small portion of a video in a non classroom event for the purpose of illustrating a point" -- probaly depends on the nature of the non-classroom event.  If it were a professional conference or similar event, the use is probably fair use.  If it's for a general extra-curricular audience, I'd be wary

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.
        This doesn't meet the definition of face-to-face teaching fair use exemption.  Period.

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.
Neither of these meet the definition of face-to-face teaching fair use exemption.  Period.

Hope this helps...

gary

At 10:02 AM 4/13/2004, you wrote:
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

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

****

"Movies are poems, a holy bible, the great mother of us."
               --Ted Berrigan

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

****

"Movies are poems, a holy bible, the great mother of us."
               --Ted Berrigan

--=====================_20042343==.ALT--