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
--=====================_2650828==.ALT
Content-Type: text/html; charset="iso-8859-1"
Content-Transfer-Encoding: quoted-printable
Hi
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):
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=
allowingor 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