[Videolib] copyright question: fair use or not?

MileFilms@aol.com
Tue, 6 Jul 2004 12:29:08 EDT

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I'm fine with these, of course! I strongly believe these guidelines are lega=
l=20
and proper.=20

Though in my amateur status of copyright "expert", I believe that fair use i=
s=20
not really applicable as THE concept to work upon and prefer the concept of=20
legal exceptions to copyright. And that's ONLY because the term "fair use" i=
s=20
for multimedia is not really specifically written about in the copyright law=
=20
for these purposes, but more so, is used by every bootlegger (like VSOM), na=
ive=20
professor and librarian (though I suspect I'm preaching to the choir and wil=
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suggest that everyone on this group is OVERLY versed in copyright by now), a=
nd=20
improper film society in the US to justify their right to sell or show one o=
f=20
our titles to the public. Not speaking for Jessica (and who could?), but I=20
think that's why we always try to define our stance when the term fair use c=
omes=20
up.=20

Dennis Doros
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

> The law currently allows the [fair] use of some or all of copyrighted=20
> moving image materials in the context of face-to-face classroom teaching (=
i.e.=20
> regular instruction in a place where instruction usually occurs)
>=20
> Other fair uses of moving image materials ARE NOT SPECIFICALLY DEFINED or=20
> PROSCRIBED in the copyright law.=A0 Instead, there are five VERRRRRRRRRRRY=
=20
> loosey-goosey tests/factors to which must be considered:
>=20
> Purpose of use
> Nature of the work:
> Proportion/extent of the material used:
> The effect on marketability
>=20
> ...often not very helpful in pinning down whether a particular use is fair=
=20
> or not, I must say.
>=20
> There are published guidelines (GUIDELINES, not laws) developed by educato=
rs=20
> and industry-types--The CCUMC Guidelines (
> http://www.utsystem.edu/ogc/intellectualproperty/ccmcguid.htm)--which atte=
mpt to put quantitative teeth into=20
> the above.=A0 It is felt (by some, although not all) that the CCUMC Guidel=
ines=20
> provide sensible, "safe-harbor" definitions of fair uses related to moving=
=20
> image and other media.
>=20
> OK
>=20

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