[Videolib] copyright question: fair use or not?

Gary Handman (ghandman@library.berkeley.edu)
Tue, 06 Jul 2004 12:56:47 -0700

i stand corrected...(semantically, at least)

thanks, george...

>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
>
>_______________________________________________
>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