Re: [Videolib] Showing parts of a film

Mark Richie (n2books@frontiernet.net)
Sat, 12 Feb 2005 16:09:27 -0600

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Whoa . . . go back to Gary's original post for sound advice. the
post below omits important points of Fair Use and The TEACH act. Fair
Use specifically addresses the performance and display of audiovisual
works as excluded from the general provisions of fair use for the
printed word. The TEACH act amends sections of Section 110(1) and
110(2) which are exemptions to Exclusive Rights made available
specifically to educators in public and non-profit educational
institutions as part of their "regular and systematic program of
instruction." Get your govt docs librarian to pull up a copy of the
copyright law from the Superintendent of Documents -ask the for the
version that includes "Additional Comments" (not available on line) It
includes a section by section explanation of the intention of the
wording in each section. . . .. This, no way, no how can apply to a
presentation at a public library as described. As my old friend Ivan
Bender would put it, "You are doing 80 in a 45mph zone." (or 88 in a
30 for our friends in Canada).

On the other hand - as Gary put it, there are bigger fish to fry . . .

M Richie

888888888888888888888888888888

Brewer, Michael wrote:

>All,
>
>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,
>
>mb
>
>Michael Brewer
>Slavic Studies, German Studies & Media Arts Librarian
>University of Arizona Library A210
>1510 E. University
>P.O. Box 210055
>Tucson, AZ 85721
>Voice: 520.307.2771
>Fax: 520.621.9733
>brewerm@u.library.arizona.edu
>
>-----Original Message-----
>From: Gary Handman [mailto:ghandman@library.berkeley.edu]
>Sent: Thursday, February 03, 2005 6:56 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
>
>_______________________________________________
>Videolib mailing list
>Videolib@library.berkeley.edu
>http://www.lib.berkeley.edu/mailman/listinfo/videolib
>_______________________________________________
>Videolib mailing list
>Videolib@library.berkeley.edu
>http://www.lib.berkeley.edu/mailman/listinfo/videolib
>
>
>
>

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Whoa . . . go back to Gary's original post for sound advice.     the post below omits important points of Fair Use and The TEACH act. Fair Use specifically addresses the performance and display of audiovisual works as excluded from the general provisions of fair use for  the printed  word.  The TEACH act amends sections of Section  110(1) and  110(2) which are exemptions to Exclusive Rights made available specifically to educators in public and non-profit educational institutions as part of their "regular and systematic program of instruction."  Get your govt docs librarian to pull up a copy of the copyright law from the Superintendent of Documents -ask the for the version that includes "Additional Comments" (not available on line)  It includes a section by section explanation of the intention of the wording in each section. . . .. This, no way, no how can apply to a presentation at a public library as described.  As my old friend Ivan Bender would put it, "You are doing 80 in a 45mph zone."  (or 88 in a  30 for our friends in Canada).

On the other hand - as Gary put it, there are bigger fish to fry . . .

M Richie

888888888888888888888888888888

Brewer, Michael wrote:

All, 

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, 

mb

Michael Brewer
Slavic Studies, German Studies & Media Arts Librarian
University of Arizona Library A210
1510 E. University
P.O. Box 210055
Tucson, AZ 85721
Voice: 520.307.2771
Fax: 520.621.9733
brewerm@u.library.arizona.edu

-----Original Message-----
From: Gary Handman [mailto:ghandman@library.berkeley.edu] 
Sent: Thursday, February 03, 2005 6:56 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 

_______________________________________________
Videolib mailing list
Videolib@library.berkeley.edu
http://www.lib.berkeley.edu/mailman/listinfo/videolib
_______________________________________________
Videolib mailing list
Videolib@library.berkeley.edu
http://www.lib.berkeley.edu/mailman/listinfo/videolib


  

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