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

Deborah Benrubi (benrubi@usfca.edu)
Wed, 02 Feb 2005 12:04:16 -0800

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Helen, were you prevented from buying this video from Amazon? How did they
(Inkwell) know?

At 01:19 PM 2/2/2005 -0500, you wrote:
>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
>
>
>Return-Path: <INKWELLIM@aol.com>
>Received: from imo-d04.mx.aol.com (imo-d04.mx.aol.com [205.188.157.36])
> by rain.CC.Lehigh.EDU (8.13.3/8.13.3) with ESMTP id j12IEMAB002024
> for <hpm0@lehigh.edu>; Wed, 2 Feb 2005 13:14:23 -0500
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> by imo-d04.mx.aol.com (mail_out_v37_r3.8.) id 5.d8.1f009dee (17079)
> for <hpm0@lehigh.edu>; Wed, 2 Feb 2005 13:14:18 -0500 (EST)
>From: INKWELLIM@aol.com
>Message-ID: <d8.1f009dee.2f32727a@aol.com>
>Date: Wed, 2 Feb 2005 13:14:18 EST
>Subject: Re: [Fwd: Re: [Videolib] Fair use of videos]
>
>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.
>_______________________________________________
>Videolib mailing list
>Videolib@library.berkeley.edu
>http://www.lib.berkeley.edu/mailman/listinfo/videolib

Deborah Benrubi
Technical Services Librarian
University of San Francisco
Gleeson Library|Geschke Center
2130 Fulton St.
San Francisco, CA 94117

PHONE (415) 422-5672 / FAX (415) 422-2233 or 422-5062
EMAIL <benrubi@usfca.edu>

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Helen, were you prevented from buying this video from Amazon? How did they (Inkwell) know?

At 01:19 PM 2/2/2005 -0500, you wrote:

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


Return-Path: <INKWELLIM@aol.com>
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        for <hpm0@lehigh.edu>; Wed, 2 Feb 2005 13:14:23 -0500
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From: INKWELLIM@aol.com
Message-ID: <d8.1f009dee.2f32727a@aol.com>
Date: Wed, 2 Feb 2005 13:14:18 EST
Subject: Re: [Fwd: Re: [Videolib] Fair use of videos]

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.

_______________________________________________
Videolib mailing list
Videolib@library.berkeley.edu
http://www.lib.berkeley.edu/mailman/listinfo/videolib

Deborah Benrubi
Technical Services Librarian
University of San Francisco
Gleeson Library|Geschke Center
2130 Fulton St.
San Francisco, CA 94117

PHONE (415) 422-5672 / FAX (415) 422-2233 or 422-5062
EMAIL <benrubi@usfca.edu>

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