[Videolib] copyright question: fair use or not?

George Abbott (Glabbott@syr.edu)
Tue, 06 Jul 2004 15:15:14 -0400

Gary. I disagree. Fair use is encapsulated in one copyright section (107).
I think we do have to be specific in citing specific copyright
sections. Fair Use is one of several "Limitations on exclusive rights".
It is Section 107. Other limitations are included in sections 108,109,110,
111, 112, 117,119,121, and 122. Each section provides language on specific
limitations (ie. what is allowed and not a violation of copyright) and are not
defined as 'fair use'.

Section 110, for example, is NOT fair use. It is an exemption or limitation
on the exclusive rights of the copyright holder. It is entirely possible that
something not allowed under section 110 may be defensibly under 107 or
permitted under one of the other sections on limitations.

I am not saying very much different than you said except that Section 108-112, etc.
are not fair use, they are permitted uses under the limitations on exclusive rights just as
Section 107:fair use is a limitation on exclusive rights.

It may all be semantic but we run into a lot of problems when we try to characterize
all of the limitations as fair use and then try to apply the fair use
standards on top of what is already allowed under the limitations clauses.

George

George Abbott
Syracuse University Library
Syracuse, NY 13244
V: 315.443.2438
F: 315.443.9510
E: glabbott@syr.edu

>>> ghandman@library.berkeley.edu 07/06/04 11:52AM >>>
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
(http://www.utsystem.edu/ogc/intellectualproperty/ccmcguid.htm)--which
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.

OK?

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.
>
>Dennis
>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
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