I am completely sympathetic toward the concept of going to the fair use
battlements in support of educational mission. Pushing envelopes is
good! However: in this case, I don't think the envelop is all that
pushable. Just because an extracurricular group operates under the
auspices of an educational institution, or just because a work is screened
("performed/displayed") in a campus venue doesn't qualify the use as
fair. In this case, I it seems to me that the use treads on one of the
four tests of fair use, i.e. The effect on marketability. I ain't a
lawyer, certainly, and I ain't a flack for the producers/distributors
(certainly!), but I do think it's as much our obligation to respect the
intellectual property rights of producers as it is to go to the mat for our
clients.
Gary Handman
At 09:17 AM 9/21/2005 -0400, you wrote:
>Let's look at the other side of this for a minute. Because we follow the
>guidelines very closely at Middlebury, the Hispanic Alliance on our campus
>will probably not be screening two Spanish-language movies for their group
>this month. The public performance fee was close to a thousand dollars for
>the two and the club doesn't have that much in their budget. It doesn't
>require too much imagination to see this as somewhat of an impediment to
>learning. Sure, they can see the film if it's a part of the Spanish 101
>curriculum, but they can't see it as a group unless they are able to shell
>out $1,000 for the privilege. Public performance prices for these sorts of
>programs are way too high. We expect to pay those prices for College-wide
>entertainment-related film series but shouldn't have to strain our budgets
>to offer realistic enrichment programs to language groups. We are being
>fair to the distributors, but are we being entirely fair to our students?
>Do we have a responsibility as educators to push the envelope in favor of
>more realistic "fair use"?
>
>Patty
>_________________________________
>Patricia Hornbeck
>Media Resources Development Coordinator
>Middlebury College
>Library and Information Services/#212
>Middlebury, VT 05753
>
>(802)443-2268 phone
>(802)443-5698 fax
>Email: hornbeck@middlebury.edu
>-----Original Message-----
>From: Kim Crowley [mailto:videolib-bounces@library.berkeley.edu]On Behalf
>Of Kim Crowley
>Sent: Tue, September 20, 2005 6:35 PM
>To: videolib@library.berkeley.edu
>Subject: RE: [Videolib] another fair use question
>
>Thank you, Jessica. I did go the vidoelib archives when I had time and
>found reference to the article that is on the webpage of Library Video
>company.
><http://www.libraryvideo.com/articles/article7.asp>http://www.libraryvideo.com/articles/article7.asp
>I will send this on to my colleague at the community college.
>kc
>
>Kim Crowley, Director
>Flathead County Library phone: 406.758.5826
>247 First Avenue East fax: 406.758.5868
>Kalispell, MT. 59901-4598
><mailto:kcrowley@co.flathead.mt.us>kcrowley@co.flathead.mt.us
>-----Original Message-----
>From: videolib-bounces@library.berkeley.edu on behalf of Jessica Rosner
>Sent: Tue 9/20/2005 2:28 PM
>To: videolib
>Cc:
>Subject: Re: [Videolib] another fair use question
>
>The law happens to very clear on this one. She can show the films to a CLASS
>of students ENROLLED in THAT class as part of the class instruction
>She can NOT show it to a student "group" or "club" only to students who are
>in her specific class.
>There is no such thing as an "educational" exemption. Only a VERY specific
>"face to face" teaching exemption. FYI this has NOTHING to do with "fair
>use" but with the above mentioned "face to face"
>
>I am bit tired but I am sure Gary or someone else can post the link or text
>for this in the copyright code
>
>
> > Hi all,
> >
> > We have a community college here with a multicultural and global issues
> > program. The person in charge of this program teaches classes and also
> does
> > some community events. She was under the impression (backed up by the
> media
> > center, which is not the library) that since she is in a teaching
> environment
> > and these films are to further the education of the students, that she does
> > not have to have any special rights for films like "Crash" and "Maria
> Full of
> > Grace." These are films that she would like to show her student group,
> call
> > "Global Friends". I called her when I saw "Crash" advertised in an email
> > newsletter and she has since pulled that film and substituted "Invisible
> > Children" for which she has permission. But she is still under the
> impression
> > that she can show "Crash" at a later date to the student club without
> > performance rights (and if they happen to bring their friends, that is
> okay).
> >
> > Can she show these films in the classroom without performance
> rights? Can she
> > show them to the Global Club and friends without performance rights?
> > Thanks,
> > kc
> >
> > Kim Crowley, Director
> > Flathead County Library phone: 406.758.5826
> > 247 First Avenue East fax: 406.758.5868
> > Kalispell, MT. 59901-4598
> > kcrowley@co.flathead.mt.us
> >
> >
> > _______________________________________________
> > Videolib mailing list
> > Videolib@library.berkeley.edu
> >
> <http://www.lib.berkeley.edu/mailman/listinfo/videolib>http://www.lib.berkeley.edu/mailman/listinfo/videolib
>
>
>
>Proud Resident of a BLUE STATE
>
>Jessica Rosner
>Kino International
>333 W 39th St. 503
>NY NY 10018
>jrosner@kino.com
>212-629-6880
>
>
>_______________________________________________
>Videolib mailing list
>Videolib@library.berkeley.edu
><http://www.lib.berkeley.edu/mailman/listinfo/videolib>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
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I am completely sympathetic toward the concept of going to the fair use battlements in support of educational mission. Pushing envelopes is good! However: in this case, I don't think the envelop is all that pushable. Just because an extracurricular group operates under the auspices of an educational institution, or just because a work is screened ("performed/displayed") in a campus venue doesn't qualify the use as fair. In this case, I it seems to me that the use treads on one of the four tests of fair use, i.e. The effect on marketability. I ain't a lawyer, certainly, and I ain't a flack for the producers/distributors (certainly!), but I do think it's as much our obligation to respect the intellectual property rights of producers as it is to go to the mat for our clients.