Re: [Videolib] Fair use of videos

Mark Richie (n2books@frontiernet.net)
Wed, 09 Feb 2005 12:02:52 -0600

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Not to put too fine a point on it . . a snip from Meghann's posting below:

>>As for schools, even assuming it is a public performance it may well
constitute
<>fair use, something the Discovery Channel could not categorically know. <<

A public performance is one that is to a group of people, with or
without charge, with or without commerical intention, who are outside
the normal family group. (See Wisconsin Department of Corrections
argument that showing non-PPR DVDs was ok in the prison because the
prisoners lived together as family . . . they lost).

Section 110(1) is titled "Limitations on Exclusive Rights: Exemption of
certtin performances and display."
It details the exeptions to exclusive rights held by the copyright
owner. Showing a video in a classroom is still a "public performance" it
is just allowable as an EXEMPTION under the law.

Mark Richie
XMedia2

>
>
>
>>> From: Meghann R Matwichuk <mtwchk@UDel.Edu>
>>>
>>> clip from my response to Cinema Tropical:
>>>
>>>
>>> ******************************
>>> Meghann R. Matwichuk
>>>
>

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Not to put too fine a point on it . .  a snip from Meghann's posting below:

>>As for schools, even assuming it is a public performance it may well constitute
<>fair use, something the Discovery Channel could not categorically know. <<


A public performance is one that is to a group of people, with or without charge, with or without commerical intention, who are outside the normal family group. (See Wisconsin Department of Corrections argument that showing non-PPR DVDs was ok in the prison because the prisoners lived together as family . . . they lost).

Section 110(1) is titled "Limitations on Exclusive Rights: Exemption of certtin performances and display."
It details the exeptions to exclusive rights held by the copyright owner. Showing a video in a classroom is still a "public performance" it is just allowable as an EXEMPTION under the law.

Mark Richie
XMedia2




From: Meghann R Matwichuk <mtwchk@UDel.Edu>

clip from my response to Cinema Tropical:


******************************
Meghann R. Matwichuk



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