We have to remember that Fair Use is not cut and dried, but a weighing for 4
factors, Purpose, Nature, Amount and Effect. Often it is easy to make clear
decisions, but other times, not so easy. One portion of 107 states that
fair use is for "purposes "such as criticism, comment, news reporting,
teaching..., scholarship, or research". Note that this is not
comprehensive ("such as"). In section one (which is often cited as allowing
or disallowing fair use) it reiterates this initial statement, but only in
part, by saying "the purpose and character of the use, including whether
such use is of a commercial nature or is for nonprofit educational
purposes." Note once again that this includes, but is not limited to these
purposes/characters of use.
That said, this is still a borderline use. It is obviously not commercial,
it is educational and nonprofit (note that it does not specify here, as it
does in the TEACH ac, that this have anything to do with a class that
students are enrolled in, etc., just that it is educational and nonprofit)
and the effect on the market is basically zip. However, the nature of the
copyrighted work works against Fair Use (artistic work) and the amount and
substantiality may also work against it (depending on the length of the
originals and where the clips are taken from.
I think you could have a good case,
Slavic Studies, German Studies & Media Arts Librarian
University of Arizona Library A210
1510 E. University
P.O. Box 210055
Tucson, AZ 85721
From: Gary Handman [mailto:firstname.lastname@example.org]
Sent: Thursday, February 03, 2005 6:56 PM
Subject: Re: [Videolib] Showing parts of a film
No. Not legal. He's showing this to a public group--you need performance
rights, regardless of the amount you show. Would I do
it...? probably. Let's face it, the copyright cops have bigger fish to
fry. I'd be much more concerned if your colleague were gonna show the
At 02:52 PM 2/3/2005 -0800, you wrote:
>Pardon me if this question is just a rehash of a similar topic that has
>recently been batted around, but I am asking for a colleague who is not a
>member of the list, so I was hoping for an answer for this specific
>situation re: public performance rights.
>Our young adult librarian is having an anime program in a couple of weeks,
>and wondered if he is within legal copyright bounds by planning to show
>10-minute clips from some of our library's DVD and VHS anime collection.
>His program will be open to the (teen) public, and there will be other
>activities taking place around the anime and manga theme.
>Any comments (on- or off-list) to me are appreciated.
>Pasadena Public Library
>Videolib mailing list
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