[Videolib] copyright question: fair use or not?

Jessica Rosner (jrosner@kino.com)
Thu, 01 Jul 2004 17:00:08 -0400

Um I'm lost on this. Fair use is only for small portions of works what would
it have to do with this and how could it be used as a defense ?
110 does seem pretty specific to me

Just curious

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

> From: <clarkjc@jmu.edu> > Reply-To: videolib@library.berkeley.edu > Date: Thu, 1 Jul 2004 16:02:41 -0400 > To: videolib@library.berkeley.edu > Subject: Re: [Videolib] copyright question: fair use or not? > > Gary, good point I hadn't considered before. But thinking > still further, let me reexamine our assumptions now. > > The section of Title 17 we're concerned with here, is 110, > dealing with performance. It reads in relevant part: > > 110. Limitations on exclusive rights: Exemption of certain > performances and displays > > Notwithstanding the provisions of section 106 [copyright > holder's rights], 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; > [...] > > Now, the loose term that Maureen and followup comments > (including mine) have been using is the all-purpose "fair > use". This reminds me, obviously now, that fair use does have > its own section in 107 and is really a separate issue. > > My argument on second thought is that the privilege granted > by 110(1) for performance does not necessarily limit the > interpretation of the fair use defense in 107. While 110(1) > allows a "safe harbor" for so-called classroom performance... > it doesn't mean that a not-quite-classroom performance for > instructional activity in a nonprofit institution could not > also be justified under 107. > > Besides: although traditionally 110(1) is taken to refer to a > formal course and classroom situation, the actual description > above does allow more leeway than that. If Maureen's > orientation is in a facility that normally has instructional > activity occurring in it, this strengthens the connection to > the performance exemption under a liberal interpretation. > While not precluding a fair use defense also. I'd say she has > a foot in both camps, so to speak.... > > Jeff, who didn't think of this the first time he spouted > off... > > ---- Original message ---- >> Date: Thu, 01 Jul 2004 08:22:41 -0700 >> From: Gary Handman <ghandman@library.berkeley.edu> >> Subject: Re: [Videolib] copyright question: fair use or > not? >> To: videolib@library.berkeley.edu >> >> Hi >> >> The only teensy pause is the definition of "face-to-face" > teaching: the >> law really defines such as being in the course of regular > instruction in a >> place where instruction usually occurs. Your use doesn't > technically meet >> those requirements. >> >> Would I worry...nah! >> >> Gary >> >> At 09:25 AM 7/1/2004 -0400, you wrote: >>> Ok, I THINK I know the answer to this, but just in > case . . . >>> a college wants to show a copy of a recent popular > documentary, which is >>> in the Media Services nonprint collection, as part of a > freshman >>> orientation program. The film will be introduced by an > instructor, and >>> small group discussions of the film will take place the > next day, each >>> moderated by an instructor. Fair use or not? >>> I think it is fair use, because the presentation is in > connection with >>> face to face teaching activities. The tricky part, the > part that gives me >>> a teensy little pause, is that the discussions will take > place the next day. >>> I'd appreciate any thoughts anyone has on this, >>> thanks so much! >>> >>> _______________________________________________ >>> 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 >> >> _______________________________________________ >> Videolib mailing list >> Videolib@library.berkeley.edu >> http://www.lib.berkeley.edu/mailman/listinfo/videolib > > =========== > Jeff Clark > Director > Media Resources MSC 1701 > James Madison University > Harrisonburg VA 22807 > clarkjc@jmu.edu (email) > 540-568-6770 (phone) > 540-568-7037 (fax) > > _______________________________________________ > Videolib mailing list > Videolib@library.berkeley.edu > http://www.lib.berkeley.edu/mailman/listinfo/videolib