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

Brigid Duffy (bduffy@sfsu.edu)
Wed, 2 Feb 2005 14:20:03 -0800

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Inkwell Images found our listing for "Out of the Inkwell" in the online=20=

SFSU media catalog several years ago. Our contact with them was much=20
the same, and since out copy was legally purchased and is used in=20
face-to-face teaching, we saw no need to respond.

Brigid Duffy
Audio Visual/ITV Center
San Francisco State University
San Francisco CA 94132-4200
E-mail: bduffy@sfsu.edu

On Wednesday, February 2, 2005, at 12:04 PM, Deborah Benrubi wrote:

> Helen, were you prevented from buying this video from Amazon? How did=20=

> they (Inkwell) know?
>
> At 01:19 PM 2/2/2005 -0500, you wrote:
>
> This get more and more convoluted!=A0 I just forwarded Jessica =
Rosner's=20
> response from earlier today to Mr. Pointer and he still contends that=20=

> we need PPR.
>
> --
> Helen P. Mack, Acquisitions Librarian
> Lehigh University Library
> 30 Library Drive
> Bethlehem, PA 18015-3067=A0 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])
> =A0=A0=A0=A0=A0=A0=A0=A0by rain.CC.Lehigh.EDU (8.13.3/8.13.3) with =
ESMTP id=20
> j12IEMAB002024
> =A0=A0=A0=A0=A0=A0=A0=A0for <hpm0@lehigh.edu>; Wed, 2 Feb 2005 =
13:14:23 -0500
> Received: from INKWELLIM@aol.com
> =A0=A0=A0=A0=A0=A0=A0=A0by imo-d04.mx.aol.com (mail_out_v37_r3.8.) id =
5.d8.1f009dee=20
> (17079)
> =A0=A0=A0=A0=A0=A0=A0=A0for <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=20=

> explained to you when you attempted to pruchase the OUT OF THE INKWELL=20=

> Bonus Edition from Amazon.com three weeks ago.
>
> Fair Use pertains to the use of copyrighted images or works that are=20=

> used in a non-profit, non-commercial situation. Although news reports=20=

> are exempt from rights licensing, this exemption is questionable since=20=

> news broadcasts do make profits through commercial advertising.
>
> The fact that a school charges a tuition, an instructor is paid a=20
> salary, and the copyrighted work is used as an enhancement to the=20
> curriculum, this understanding of "Fair Use" does not apply. And since=20=

> one of your professors seems interested in using our program(s) in a=20=

> classroom, this constitues a Public Performance. In as much as we are=20=

> the exclusive copyright holders on these programs, it is to the=20
> benefit of your school to follow our procedures which have already=20
> 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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Inkwell Images found our listing for "Out of the Inkwell" in the
online SFSU media catalog several years ago. Our contact with them was
much the same, and since out copy was legally purchased and is used in
face-to-face teaching, we saw no need to respond.

Brigid Duffy

Audio Visual/ITV Center

San Francisco State University

San Francisco CA 94132-4200

E-mail: bduffy@sfsu.edu

On Wednesday, February 2, 2005, at 12:04 PM, Deborah Benrubi wrote:

<excerpt>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!=A0 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=A0 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])

=A0=A0=A0=A0=A0=A0=A0=A0by rain.CC.Lehigh.EDU (8.13.3/8.13.3) with ESMTP = id j12IEMAB002024

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Received: from INKWELLIM@aol.com

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=A0=A0=A0=A0=A0=A0=A0=A0for <<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]

<smaller>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.

= </smaller><fontfamily><param>Arial</param>________________________________= _______________

Videolib mailing list

Videolib@library.berkeley.edu

= <underline><color><param>1999,1999,FFFF</param>http://www.lib.berkeley.edu= /mailman/listinfo/videolib</color></underline></fontfamily>

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>

</excerpt>=

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