Re: [Videolib] Fair use of videos

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

This is a multi-part message in MIME format.
--------------060906030106020202040205
Content-Type: text/plain; charset=us-ascii; format=flowed
Content-Transfer-Encoding: 7bit

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
>>>
>

--------------060906030106020202040205
Content-Type: text/html; charset=us-ascii
Content-Transfer-Encoding: 7bit

<!DOCTYPE html PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN">
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



--------------060906030106020202040205--