RE: [Videolib] Showing parts of a film

Brewer, Michael (brewerm@u.library.arizona.edu)
Mon, 14 Feb 2005 08:40:21 -0700

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I am more than willing to be wrong here. If I am, I'd certainly like =
to
know it and understand where I went astray. With posts like this that =
refer
to documents without directly quoting from them makes it difficult to
ascertain what is correct and what is not. Where does fair use =
specifically
address the performance and display of audiovisual works as excluded =
from
the general provisions of fair use for the printed word? Here is what =
is
quoted on the LC site (yes, it is online, I don't know if there is more =
to
it, that is what I would like to know):

=20

BM_107=A7 107. Limitations on exclusive rights: Fair use
<http://www.copyright.gov/title17/92chap1.html#1-38#1-38> 38

Notwithstanding the provisions of sections 106
<http://www.copyright.gov/title17/92chap1.html#106> and 106A,
<http://www.copyright.gov/title17/92chap1.html#106a> the fair use of a
copyrighted work, including such use by reproduction in copies or
phonorecords or by any other means specified by that section, for =
purposes
such as criticism, comment, news reporting, teaching (including =
multiple
copies for classroom use), scholarship, or research, is not an =
infringement
of copyright. In determining whether the use made of a work in any
particular case is a fair use the factors to be considered shall =
include -=20

(1) the purpose and character of the use, including whether such use is =
of a
commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to =
the
copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the
copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of =
fair
use if such finding is made upon consideration of all the above =
factors.

The language used here does not differ from the language used elsewhere
(copies or phonorecords), so unless there is some other document that I =
am
not aware of, I don't see where this section makes limitations on
audiovisual works. If this is buried somewhere in the "Additional =
comments"
I'd like to see them. (If you are talking about "additional comments" =
on
TEACH, I've seen all that and understand the restrictions. What I am
interested in is the limitations you mention on fair use that I know =
nothing
of).

=20

As far as TEACH act stuff, I think I was pretty clear that it is =
different
from fair use and more restrictive. I don't think I misrepresented =
TEACH.
I wanted to point out that it has a very specific understanding of =
nonprofit
educational institution, whereas fair use does not. In fair use the
nonprofit educational institution bit is only one factor, while in =
teach it
is a requirement. =20

=20

mb =20

=20

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 <mailto:brewerm@u.library.arizona.edu>=20

-----Original Message-----
From: Mark Richie [mailto:n2books@frontiernet.net]=20
Sent: Saturday, February 12, 2005 3:09 PM
To: videolib@library.berkeley.edu
Subject: Re: [Videolib] Showing parts of a film

=20

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:=20

All,=20
=20
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.=20
=20
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.=20
=20
I think you could have a good case,=20
=20
mb
=20
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 <mailto:brewerm@u.library.arizona.edu>=20
=20
-----Original Message-----
From: Gary Handman [mailto:ghandman@library.berkeley.edu
<mailto:ghandman@library.berkeley.edu> ]=20
Sent: Thursday, February 03, 2005 6:56 PM
To: videolib@library.berkeley.edu =
<mailto:videolib@library.berkeley.edu>=20
Subject: Re: [Videolib] Showing parts of a film
=20
No. Not legal. He's showing this to a public group--you need =
performance=20
rights, regardless of the amount you show. Would I do=20
it...? probably. Let's face it, the copyright cops have bigger fish =
to=20
fry. I'd be much more concerned if your colleague were gonna show the=20
whole thing.
=20
Gary
=20
At 02:52 PM 2/3/2005 -0800, you wrote:
=20

Hello-
=20
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.
=20
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.
=20
Any comments (on- or off-list) to me are appreciated.
=20
Thanks!
=20
Shauna Redmond
Reference
Pasadena Public Library
=20
=20
_______________________________________________
Videolib mailing list
Videolib@library.berkeley.edu <mailto:Videolib@library.berkeley.edu>=20
http://www.lib.berkeley.edu/mailman/listinfo/videolib
<http://www.lib.berkeley.edu/mailman/listinfo/videolib>=20
=20


Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley
ghandman@library.berkeley.edu <mailto:ghandman@library.berkeley.edu>=20
http://www.lib.berkeley.edu/MRC <http://www.lib.berkeley.edu/MRC>=20
=20
****
=20
"Movies are poems, a holy bible, the great mother of us."
--Ted Berrigan=20
=20
_______________________________________________
Videolib mailing list
Videolib@library.berkeley.edu <mailto:Videolib@library.berkeley.edu>=20
http://www.lib.berkeley.edu/mailman/listinfo/videolib
<http://www.lib.berkeley.edu/mailman/listinfo/videolib>=20
_______________________________________________
Videolib mailing list
Videolib@library.berkeley.edu <mailto:Videolib@library.berkeley.edu>=20
http://www.lib.berkeley.edu/mailman/listinfo/videolib
<http://www.lib.berkeley.edu/mailman/listinfo/videolib>=20
=20
=20
=20

=20

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I am more than willing to be wrong = here.=A0 If I am, I'd certainly like to know it and understand where I went = astray.=A0 With posts like this that refer to documents without directly quoting = from them makes it difficult to ascertain what is correct and what is not.=A0 = Where does fair use specifically address the performance and display of = audiovisual works as excluded from the general provisions of fair use for the printed = word?=A0 Here is what is quoted on the LC site (yes, it is online, I don't know if there is more to it, that is what I would like to = know):

 

=A7 107. Limitations on exclusive rights: = Fair use38=

Notwithstanding the provisions = of sections = 106 and 106A, = the fair use of a copyrighted work, including such use by reproduction in copies = or phonorecords or by any other means specified by that section, for = purposes such as criticism, comment, news reporting, teaching (including multiple = copies for classroom use), scholarship, or research, is not an infringement of = copyright. In determining whether the use made of a work in any particular case is = a fair use the factors to be considered shall include - 

(1) the = purpose and character of the use, including whether such use is of a commercial = nature or is for nonprofit educational purposes;

(2) the = nature of the copyrighted work;

(3) the = amount and substantiality of the portion used in relation to the copyrighted work = as a whole; and

(4) the = effect of the use upon the potential market for or value of the copyrighted = work.

The fact = that a work is unpublished shall not itself bar a finding of fair use if such = finding is made upon consideration of all the above factors.

The language used here does not = differ from the language used elsewhere (copies or phonorecords), so unless there = is some other document that I am not aware of, I don't see where this section makes limitations on audiovisual works. If this is buried somewhere in = the "Additional comments" I'd like to see them.=A0 (If you are talking about = "additional comments" on TEACH, I've seen all that and understand the restrictions.=A0 What I am interested in is the limitations you mention = on fair use that I know nothing of).

 

As far as TEACH act stuff, I think = I was pretty clear that it is different from fair use and more = restrictive.=A0 I don't think I misrepresented TEACH.=A0 I wanted to point out that it has a = very specific understanding of nonprofit educational institution, whereas = fair use does not.=A0 In fair use the nonprofit educational institution bit is = only one factor, while in teach it is a requirement.=A0

 

mb =A0

 

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

-----Orig= inal Message-----
From: Mark Richie [mailto:n2books@frontiernet.net]
Sent: Saturday, February = 12, 2005 3:09 PM
To: = videolib@library.berkeley.edu
Subject: Re: [Videolib] = Showing parts of a film

 

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.=A0 Often it is easy to make clear
decisions, but other times, not so easy.=A0 =
One portion of 107 states that
fair use is for "purposes "such as =
criticism, comment, news reporting,
teaching..., scholarship, or =
research".=A0=A0 Note that this is not
comprehensive ("such as").=A0 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.=A0 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.=A0 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.be=
rkeley.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.=A0 He's showing this to a =
public group--you need performance 
rights, regardless of the amount you =
show.=A0 Would I do 
it...?=A0 probably.=A0 Let's face it, the =
copyright cops have bigger fish to 
fry.=A0 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:
=A0 
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://ww=
w.lib.berkeley.edu/mailman/listinfo/videolib
=A0=A0=A0
 
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."
=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=
 --Ted Berrigan 
 
_____________________________________________=
__
Videolib mailing =
list
Videolib@library.berkeley.=
edu
http://ww=
w.lib.berkeley.edu/mailman/listinfo/videolib
_____________________________________________= __
Videolib mailing =
list
Videolib@library.berkeley.=
edu
http://ww=
w.lib.berkeley.edu/mailman/listinfo/videolib
 
 
=A0 

 

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