[Fwd: Re: [Fwd: Re: [Videolib] Fair use of videos]]

Helen Mack (hpm0@lehigh.edu)
Wed, 02 Feb 2005 13:19:23 -0500

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This get more and more convoluted! I just forwarded Jessica Rosner's
response from earlier today to Mr. Pointer and he still contends that we
need PPR.

-- 
Helen P. Mack, Acquisitions Librarian
Lehigh University Library
30 Library Drive
Bethlehem, PA 18015-3067  USA

Phone 610 758-3035 * Fax 610 758-5605 E-mail hpm0@lehigh.edu

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Dear Ms Mack:

The enclosure you have sent is consistant with our policy, which was explained to you when you attempted to pruchase the OUT OF THE INKWELL Bonus Edition from Amazon.com three weeks ago.

Fair Use pertains to the use of copyrighted images or works that are used in a non-profit, non-commercial situation. Although news reports are exempt from rights licensing, this exemption is questionable since news broadcasts do make profits through commercial advertising.

The fact that a school charges a tuition, an instructor is paid a salary, and the copyrighted work is used as an enhancement to the curriculum, this understanding of "Fair Use" does not apply. And since one of your professors seems interested in using our program(s) in a classroom, this constitues a Public Performance. In as much as we are the exclusive copyright holders on these programs, it is to the benefit of your school to follow our procedures which have already been provided in our last communication with you.

Very sincerely yours,

Ray Pointer President Inkwell Images, Inc.

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Dear Ms Mack:

The enclosure you have sent is consistant with our policy, which was explain= ed to you when you attempted to pruchase the OUT OF THE INKWELL Bonus Editio= n from Amazon.com three weeks ago.

Fair Use pertains to the use of copyrighted images or works that are used in= a non-profit, non-commercial situation. Although news reports are exempt fr= om rights licensing, this exemption is questionable since news broadcasts do= make profits through commercial advertising.

The fact that a school charges a tuition, an instructor is paid a salary, an= d the copyrighted work is used as an enhancement to the curriculum, this und= erstanding of "Fair Use" does not apply. And since one of your professors se= ems interested in using our program(s) in a classroom, this constitues a Pub= lic Performance. In as much as we are the exclusive copyright holders on the= se programs, it is to the benefit of your school to follow our procedures wh= ich have already been provided in our last communication with you.

Very sincerely yours,

Ray Pointer
President
Inkwell Images, Inc.
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