Re: [Videolib] another fair use question

Jessica Rosner (jrosner@kino.com)
Wed, 21 Sep 2005 12:53:27 -0400

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> All,=20
> =20
> I also agree with Jessica here, but have a slightly different point of vi=
ew
> when it comes to fair use. I think saying fair use can have nothing to d=
o
> with it because an entire film is being shown is deceptive. Fair use doe=
s not
> disallow using an entire work, it only mentions that the amount of the wo=
rk
> being used is one of the 4 factors that needs to be weighed. I think tha=
t
> arguing fair use in this instance would not hold up, but largely because =
when
> you weigh the 4 factors, only one of four is in the favor of fair use (pu=
rpose
> is, but not effect, amount or nature). I can imagine situations where on=
e
> could weigh the 4 factors and find that using an entire film was justifie=
d
> under fair use (an easy example, for me anyway, would be showing a rare
> =B3orphan=B2 work to a group in a non-profit =B3educational=B2 setting, but one w=
hich
> did not meet the requirements for the face to face exemption. I think th=
ere
> are others, but this one seems pretty simple for me).
> =20
> mb
> =20
>=20
Well this would depend on your definition of an =B3orphan=B2 film ? In many
cases they have been abandon and therefore the copyrights
> were never renewed so you can show it anywhere you want. However if it is=
say
> a film copyrighted to a studio which they don=B9t want
> to spend money on releasing that would be a whole different issue. In the
> first place how would you even obtain a legal copy?
> Personally I don=B9t see ANY circumstance in which =B3fair use=B2 would cover t=
he
> screening of an ENTIRE feature film which is otherwise
> under copyright. This of course is under current copyright law and I woul=
d be
> happy to see some changes but I would
> not hold my breath at least in relation to films owned by large corporati=
ons.
>=20
> I do find it somewhat interesting that for the record American Copyright =
is
> SIGNICANTLY more generous than
> those in Canada and Europe in terms of academic use and the length of the
> copyright. The kind of discussions
> we have on this would be totally moot as you would already be paying much
> higher fees
>=20
> Jessica

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Re: [Videolib] another fair use question

All,
 
I also agree with Jessica here, but have a slightly different point of view= when it comes to fair use.  I think saying fair use can have nothing t= o do with it because an entire film is being shown is deceptive.  Fair = use does not disallow using an entire work, it only mentions that the amount= of the work being used is one of the 4 factors that needs to be weighed. &n= bsp;I think that arguing fair use in this instance would not hold up, but la= rgely because when you weigh the 4 factors, only one of four is in the favor= of fair use (purpose is, but not effect, amount or nature).  I can ima= gine situations where one could weigh the 4 factors and find that using an e= ntire film was justified under fair use (an easy example, for me anyway, wou= ld be showing a rare “orphan” work to a group in a non-profit &#= 8220;educational” setting, but one which did not meet the requirements= for the face to face exemption.  I think there are others, but this on= e seems pretty simple for me).
 
mb
 

Well this would depend on your defini= tion of an “orphan” film ? In many cases they have been abandon = and therefore the copyrights
were never renewed so yo= u can show it anywhere you want. However if it is say a film copyrighted to = a studio which they don’t want
to spend money on releasing that would be a whole different issue. In the f= irst place how would you even obtain a legal copy?
Personally I don’t see ANY circumstance in which “fair use̶= 1; would cover the screening of an ENTIRE  feature film which is otherw= ise
under copyright. This of course is under current copyright law and I would = be happy to see some changes but I would
not hold my breath at least in relation to films owned by large corporation= s.

I do find it somewhat interesting that for the record American Copyright is= SIGNICANTLY more generous than
those in Canada and Europe in terms of academic use and the length of the c= opyright. The kind of discussions
we have on this would be totally moot as you would already be paying much h= igher fees

Jessica

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