Re: [Videolib] Showing parts of a film

Jessica Rosner (jrosner@kino.com)
Fri, 04 Feb 2005 10:39:30 -0500

actually this one would be illegal but as Gary said HIGHLY unlikely to get
caught Um what did you mean by Fair use for "news" . These are
entertainment films You can check the exact wording on the "fair use"
section but it is clearly limited to a VERY small portion of the work and
10 minutes is going WAY past that. If it were say one minute clips it
would probably qualify. Amount is only ONE factor but that just means it
MUST be a SMALL sample ( sorry someone else will have to look up the exact
wording of the statute) AND meet the OTHER criteria ( the post implied that
somehow this is lesser factor for being only one of many when in fact that
means there are numerous hurdles to qualifying for "fair use')

I know their are some academic guidelines somewhere on how to determine what
qualifies ( Gary again) but again 10 minutes is not gonna make it if a
rights holder actually cared to pursue it

now isn't it nice to have the earth back on its axis with Jed and I back
disagreeing?

Proud Resident of a BLUE STATE

Jessica Rosner
Kino International
333 W 39th St. 503
NY NY 10018
jrosner@kino.com
212-629-6880

> From: "Jed Horovitz" <JedH@internetvideoarchive.com>
> Reply-To: videolib@library.berkeley.edu
> Date: Fri, 4 Feb 2005 09:23:50 -0500
> To: <videolib@library.berkeley.edu>
> Subject: RE: [Videolib] Showing parts of a film
>
> I disagree. I COULD be legal if he is 'recontextualizing' the material...as
> in doing a news report. There is nothing that says Fair Use for news is
> limited to brand names or wide distribution. Public Performance rights
> aren't needed if it is a Fair Use and the amount used is only one of the
> factors in determining Fair Use. If your colleague does some research and
> documents why he/she thinks this is a Fair Use, then if there is an
> objection it will most likely end with an exchange of letters and agreement
> to stop...if he/she wants to give in. As always, advice from a
> knowledgeable lawyer would be best.
> Jed
>
> -----Original Message-----
> From: videolib-bounces@library.berkeley.edu
> [mailto:videolib-bounces@library.berkeley.edu]On Behalf Of Gary Handman
> Sent: Thursday, February 03, 2005 8:56 PM
> To: videolib@library.berkeley.edu
> 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
> whole thing.
>
> Gary
>
> At 02:52 PM 2/3/2005 -0800, you wrote:
>> Hello-
>>
>> 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.
>>
>> Thanks!
>>
>> Shauna Redmond
>> Reference
>> Pasadena Public Library
>>
>>
>> _______________________________________________
>> Videolib mailing list
>> Videolib@library.berkeley.edu
>> http://www.lib.berkeley.edu/mailman/listinfo/videolib
>
> Gary Handman
> Director
> Media Resources Center
> Moffitt Library
> UC Berkeley
> ghandman@library.berkeley.edu
> http://www.lib.berkeley.edu/MRC
>
> ****
>
> "Movies are poems, a holy bible, the great mother of us."
> --Ted Berrigan
>
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