Re: [Videolib] Copyright/Fair Use/PPR AGAIN

Troy Davis (tdavis@email.lib.utk.edu)
Wed, 28 Apr 2004 17:27:38 -0400

Hi Blane,

Your uses would most likely be addressed in section 107. There are four
factors that are listed there and the statute doesn't weigh one more
heavily than the other (although a particular court might).

Caveat: I'm not a lawyer, but the statute doesn't say you have to be a
lawyer to make a good faith effort.

So, here's my take on it:

1. Why are you using these works? Sounds like commentary, teaching,
criticism, etc.. Sounds like your leaning toward a fair use for the
first factor
2. Are these factual or creative/fiction type works? The more the latter
the more you get away from a fair use.
3. As long as these 30 second clips aren't of a 30 second copyrighted
work, sounds "reasonable" to me.
4. What could possibly be the effect of the potential market of these
works from your use? This is a hard one to "guess" about, but maybe
you're presentation will inspire people to go buy the stuff. That would
weigh in favor of a fair use.

Doing the risk-assessment footwork is a good step. Check out this fair
use checklist at http://www.copyright.iupui.edu/checklist.htm.

Good luck and remember:
"The Congress shall have the power...to promote the progress of science
and useful arts, by securing for limited times to authors and inventors
the exclusive right to their respective writings and discoveries."
U.S. Constitution, Article 1, Section 8

Blane Halliday wrote:

> Hi all,
>
> I don't post here much (never, until now). This recent discussion on
> copyright has been quite eye-opening for me. But I have a question
> which I do not think has been yet addressed; here is the premise: I and
> two colleagues will be presenting at ALA Orlando in June a program
> entitled 'Booktalking With Pizzazz' where we will be using brief video
> clips (all less than three minutes, most less than one minute) and a
> couple of music clips (less than 30 seconds). Most of the videos used
> were purchased with PPR, a few were not. My question is, based on
> copyright and 'fair use', would we be violating the law using those
> clips (audio or video) without PPR?
>
> Thanks,
>
> Blane Halliday
>
> Blane Halliday
> AV Acquisitions Librarian
> Collier County Public Library
> 2385 Orange Blossom Drive
> Naples, Florida 34109
> 239-593-3511, ext. 45
> bhalliday@collier-lib.org

-- 
M. Troy Davis
Media Services Librarian
University of Tennessee Libraries :: The Studio
245 John C. Hodges Library
Knoxville, TN 37996
(865)974-6396
troydavis@utk.edu
http://www.lib.utk.edu/mediacenter/studio

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