[Videolib] copyright question: fair use or not?

Gary Handman (ghandman@library.berkeley.edu)
Tue, 06 Jul 2004 08:52:46 -0700

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Hi all

Just back from a long weekend, so I'm not sure I'm in full-tilt copyright
mode yet.

Here's the deal: fair use isn't categorically encapsulated in any one
copyright section: fair use is a concept, just as copyright itself is a
concept. Fair use generally allows certain uses of copyrighted materials
without permission of copyright holders. Without going into elaborate
songs and dances with elaborate citations of relevant copyright sections,
here are the relevant things to understand:

The law currently allows the [fair] use of some or all of copyrighted
moving image materials in the context of face-to-face classroom teaching
(i.e. regular instruction in a place where instruction usually occurs)

Other fair uses of moving image materials ARE NOT SPECIFICALLY DEFINED or
PROSCRIBED in the copyright law. Instead, there are five VERRRRRRRRRRRY
loosey-goosey tests/factors to which must be considered:

Purpose of use
Nature of the work:
Proportion/extent of the material used:
The effect on marketability

...often not very helpful in pinning down whether a particular use is fair
or not, I must say.

There are published guidelines (GUIDELINES, not laws) developed by
educators and industry-types--The CCUMC Guidelines
attempt to put quantitative teeth into the above. It is felt (by some,
although not all) that the CCUMC Guidelines provide sensible, "safe-harbor"
definitions of fair uses related to moving image and other media.


At 12:44 PM 7/2/2004 -0400, you wrote:

>In a message dated 7/2/04 11:55:02 AM, jrosner@kino.com writes:
>>Ok I am lost again so I will wait for Gary or Dennis but isn't this
>>the "face to face" teaching section? I believe "fair use" is an ENTIRELY
>>different section and we already discussed the reasons why the original
>>question re using a video in orientation MIGHT not apply under the
>>circumstances listed here but I still have no idea what this has to do with
>>"Fair use"
>Damn! We're agreeing again. Can't wait for the Cubbies to visit Shea
>Stadium again. ;-)
>Though as I emailed to Jessica -- no sympathy here for the Sox (a team I
>actually like) when Nomar takes a day off both literally and figuratively.
>Milestone Film & Video
>PO Box 128
>Harrington Park, NJ 07640
>Phone: (800) 603-1104 or (201) 767-3117
>Fax: (201) 767-3035
>Email: milefilms@aol.com
>Website: http://www.milestonefilms.com

Gary Handman
Media Resources Center
Moffitt Library
UC Berkeley


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