[Videolib] copyright question: fair use or not?

MileFilms@aol.com
Tue, 6 Jul 2004 17:20:30 EDT

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In a message dated 7/6/04 4:22:13 PM, JedH@internetvideoarchive.com writes:

> According to section 107 FAIR USE is an affirmative defense for which the
> Infringer bears the burden of proof. The four factors to be considered in that
> proof are:
> THE PURPOSE OF THE COPYING
> THE NATURE OF THE COPYRIGHTED WORK
> THE AMOUNT OF COPYING
> THE EFFECT ON THE MARKET FOR THE COPYRIGHTED WORK
>
Okay...but we weren't talking about copying copyrighted work, but the
screening of a film for a freshman orientation class. And how does a showing of OLD
SCHOOL (for example) further scientific knowledge? (Okay folks, I'm allowing
for some fun answers here to lighten the mood...)

And how does a librarian go about showing HOWARD THE DUCK to the public and
proving "that such infringer was not aware and had no reason to believe that
his or her acts constituted an infringement of copyright, the court in its
discretion may reduce the award of statutory damages to a sum of not less than
$200" when they're a member of this list that has gone on ad infinitum about this.
And may I suggest that "not less than $200" means that it can be MORE than
$200?

And how does a librarian SURVIVE showing HOWARD THE DUCK? :-)

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

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