RE: [Videolib] Showing parts of a film

Gary Handman (ghandman@library.berkeley.edu)
Mon, 14 Feb 2005 08:48:04 -0800

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Hi

here are the five exclusive rights of a copyright holder (see=20
http://www.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000106----000-.=
html)

Subject to sections=20
<http://www.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000107----000-=
.html>107=20
through=20
<http://www.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000122----000-=
.html>122,=20
the owner of copyright under this title has the exclusive rights to do and=
=20
to authorize any of the following:
(1) to reproduce the copyrighted work in copies or phonorecords;
(2) to prepare derivative works based upon the copyrighted work;
(3) to distribute copies or phonorecords of the copyrighted work to the=20
public by sale or other transfer of ownership, or by rental, lease, or=20
lending;
(4) in the case of literary, musical, dramatic, and choreographic works,=20
pantomimes, and motion pictures and other audiovisual works, to perform the=
=20
copyrighted work publicly;
(5) in the case of literary, musical, dramatic, and choreographic works,=20
pantomimes, and pictorial, graphic, or sculptural works, including the=20
individual images of a motion picture or other audiovisual work, to display=
=20
the copyrighted work publicly; and
(6) in the case of sound recordings, to perform the copyrighted work=20
publicly by means of a digital audio transmission.

NB: (5) in the case of literary, musical, dramatic, and choreographic=20
works, pantomimes, and pictorial, graphic, or sculptural works, including=20
the individual images of a motion picture or other audiovisual work, to=20
display the copyrighted work publicly; and

The law defines perform "display" as making sights visible and sounds=
audible.

Fair use does, in any sense, obviate these rights or provide a sidestep=20
around them in the case of public display (or performance)

Hope this helps.

gary

>I am more than willing to be wrong here. If I am, I'd certainly like to=20
>know it and understand where I went astray. With posts like this that=20
>refer to documents without directly quoting from them makes it difficult=20
>to ascertain what is correct and what is not. Where does fair use=20
>specifically address the performance and display of audiovisual works as=20
>excluded from the general provisions of fair use for the printed=20
>word? Here is what is quoted on the LC site (yes, it is online, I don't=20
>know if there is more to it, that is what I would like to know):
>
>
>
>
>=A7 107. Limitations on exclusive rights: Fair=20
>use<http://www.copyright.gov/title17/92chap1.html#1-38#1-38>38
>
>
>
>Notwithstanding the provisions of=20
><http://www.copyright.gov/title17/92chap1.html#106>sections 106 and=20
><http://www.copyright.gov/title17/92chap1.html#106a>106A, the fair use of=
=20
>a copyrighted work, including such use by reproduction in copies or=20
>phonorecords or by any other means specified by that section, for purposes=
=20
>such as criticism, comment, news reporting, teaching (including multiple=20
>copies for classroom use), scholarship, or research, is not an=20
>infringement of copyright. In determining whether the use made of a work=20
>in any particular case is a fair use the factors to be considered shall=20
>include -
>
>(1) the purpose and character of the use, including whether such use is of=
=20
>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=20
>copyrighted work as a whole; and
>
>(4) the effect of the use upon the potential market for or value of the=20
>copyrighted work.
>
>The fact that a work is unpublished shall not itself bar a finding of fair=
=20
>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=20
>(copies or phonorecords), so unless there is some other document that I am=
=20
>not aware of, I don't see where this section makes limitations on=20
>audiovisual works. If this is buried somewhere in the "Additional=20
>comments" I'd like to see them. (If you are talking about "additional=20
>comments" on TEACH, I've seen all that and understand the=20
>restrictions. What I am interested in is the limitations you mention on=20
>fair use that I know nothing of).
>
>
>
>As far as TEACH act stuff, I think I was pretty clear that it is different=
=20
>from fair use and more restrictive. I don't think I misrepresented=20
>TEACH. I wanted to point out that it has a very specific understanding of=
=20
>nonprofit educational institution, whereas fair use does not. In fair use=
=20
>the nonprofit educational institution bit is only one factor, while in=20
>teach it is a requirement.
>
>
>
>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
>
><mailto:brewerm@u.library.arizona.edu>brewerm@u.library.arizona.edu
>
>-----Original 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=
=20
>below omits important points of Fair Use and The TEACH act. Fair Use=20
>specifically addresses the performance and display of audiovisual works as=
=20
>excluded from the general provisions of fair use for the=20
>printed word. The TEACH act amends sections of Section 110(1)=20
>and 110(2) which are exemptions to Exclusive Rights made available=20
>specifically to educators in public and non-profit educational=20
>institutions as part of their "regular and systematic program of=20
>instruction." Get your govt docs librarian to pull up a copy of the=20
>copyright law from the Superintendent of Documents -ask the for the=20
>version that includes "Additional Comments" (not available on line) It=20
>includes a section by section explanation of the intention of the wording=
=20
>in each section. . . .. This, no way, no how can apply to a presentation=20
>at a public library as described. As my old friend Ivan Bender would put=
=20
>it, "You are doing 80 in a 45mph zone." (or 88 in a 30 for our friends=20
>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
><mailto:brewerm@u.library.arizona.edu>brewerm@u.library.arizona.edu
>
>-----Original Message-----
>From: Gary Handman=20
>[<mailto:ghandman@library.berkeley.edu>mailto:ghandman@library.berkeley.edu=
]
>Sent: Thursday, February 03, 2005 6:56 PM
>To: <mailto:videolib@library.berkeley.edu>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
>><mailto:Videolib@library.berkeley.edu>Videolib@library.berkeley.edu
>>http://www.lib.berkeley.edu/mailman/listinfo/videolib
>>
>
>
>Gary Handman
>Director
>Media Resources Center
>Moffitt Library
>UC Berkeley
><mailto:ghandman@library.berkeley.edu>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
><mailto:Videolib@library.berkeley.edu>Videolib@library.berkeley.edu
>http://www.lib.berkeley.edu/mailman/listinfo/videolib
>_______________________________________________
>Videolib mailing list
><mailto:Videolib@library.berkeley.edu>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=20
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Content-Transfer-Encoding: quoted-printable

Hi

here are the five exclusive rights of a copyright holder (see http://www.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000106----000-.= html)

Subject to sections 107 through 122, the owner of copyright under this title has the= exclusive rights to do and to authorize any of the following:
(1) to reproduce the copyrighted work in copies or= phonorecords;
(2) to prepare derivative works based upon the copyrighted= work;
(3) to distribute copies or phonorecords= of the copyrighted work to the public by sale or other transfer of= ownership, or by rental, lease, or lending;
(4) in the case of literary, musical, dramatic, and= choreographic works, pantomimes, and motion pictures and other audiovisual= works, to perform the copyrighted work publicly;
(5) in the case of literary, musical, dramatic, and= choreographic works, pantomimes, and pictorial, graphic, or sculptural= works, including the individual images of a motion picture or other= audiovisual work, to display the copyrighted work publicly; and
(6) in the case of sound recordings, to perform the= copyrighted work publicly by means of a digital audio transmission.


NB: (5) in the case of literary, musical,= dramatic, and choreographic works, pantomimes, and pictorial, graphic, or= sculptural works, including the individual images of a motion picture or= other audiovisual work, to display the copyrighted work publicly; and =

The law defines perform "display" as making sights visible and= sounds audible.

Fair use does, in any sense, obviate these rights or provide a sidestep= around them in the case of public display (or performance)

Hope this helps.

gary

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):

 

=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.  (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).

 

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. 

 

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: 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.  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.berke=
ley.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

 

 

  

 

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."
            &nbs= p;  --Ted Berrigan

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