[Videolib] copyright question: fair use or not?

George Abbott (Glabbott@syr.edu)
Wed, 07 Jul 2004 08:40:54 -0400

Please note the actual EXACT wording of the law does not mention COPYING it is very careful to state USE which can be copying, can be displaying, can be transmitting, can be performing, etc. as long as each of the conditions are considered in relation to the proposed use.
This is not to say that everything is fair use. It only points out that fair use is not limited to copying.

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

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

>>> MileFilms@aol.com 07/06/04 05:20PM >>>

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