Re: [Videolib] Use of Film Clips in Presentation

Gary Daniels (Gary@interruptproductions.com)
Thu, 19 Jan 2006 15:55:01 -0500

The so-called "classroom exception" and "fair use" are two completely
separate things. Fair Use relates to copying copyrighted works. The
so-called "classroom exception" is for the public performance of copyrighted
works.

Fair Use doesn't require the commentary to directly relate to the copied
work. You can use a clip from a film to illustrate some other idea...such as
sports psychology. Fair use DOES, however, limit how much you can copy and
how long you can use the copy. (No more than 3 minutes/ no longer than 2
years). It also requires that you give credit to the copyright owner. (I.e.,
"Courtesy 20th Century Fox")

Fair Use also doesn't require that a use be not-for-profit. TV news networks
are for-profit entities but can use clips for commentary purposes without
paying licensing fees. That's why you'll always see "Courtesy Network Name
Here" on any clip they use from an outside source.

The "classroom exception", on the other hand, is part of the Public
Performance clause of copyright law. It allows teachers to show a video in
its entirety to a group during a regularly scheduled class if the video is
directly relevant to the subject matter being taught. This exception means
they don't need a Public Performance License to engage in this public
performance. Public Performance has nothing to do with copying a work. A
teacher can only show a video that was obtained legally...not a version
copied from a fellow teacher or off television. The "classroom exception"
also requires that this be a "not-for-profit" event. You can't charge
admission nor can you even advertise or promote that the video will be
shown.

-Gary C. Daniels
Native American History Videos
http://school.lostworlds.org

On 1/18/06 12:55 PM, "deg farrelly" <deg.farrelly@asu.edu> wrote:

> My gut reaction is that this use is not commentary and/or criticism, since
> the analysis is not of the film content, but rather how the film content
> illustrates other points.
>
> As described, these presentations do not appear to be within established
> class sessions, so the classroom exemption does not appear to apply. I
> personally do not think a strong Fair Use argument can be made, especially
> for presentations involving paid attendance.
>
> That said, IF the scenes are compiled with other content, this use might
> fall within the provisions of the Fair Use Guidelines for Educational
> Multimedia.
>
>
> --
> deg farrelly, Associate Librarian
> Arizona State University at the West Campus
> PO Box 37100
> Phoenix, Arizona 85069-7100
> Phone: 602.543.8522
> Email: deg.farrelly@asu.edu
>
>
>> From: Sue Parks <SueParks@library.unt.edu>
>> Reply-To: "videolib@library.berkeley.edu" <videolib@library.berkeley.edu>
>> Date: Tue, 17 Jan 2006 16:01:31 -0600
>> To: <videolib@library.berkeley.edu>
>> Subject: [Videolib] Use of Film Clips in Presentation
>>
>> All,
>>
>> Instructors in our Sport Psychology Department are compiling a list of
>> movies and scenes they want to use in their educational sport psychology
>> presentations. They would like to use the scenes to illustrate some of
>> the sport psychology topics (e.g., attaining goals, being confident)
>> they discuss during their presentations. These presentations are to
>> coaches, athletes, and other related personnel and tend to be at the
>> high school and college level. They do some introductory presentations
>> for which they do not charge, though they also do presentations for
>> which they charge. Will they need to license the use of these clips, or
>> does this fall under fair use for the purpose of commentary and
>> criticism?
>>
>> Thanks for any guidance,
>>
>> Sue
>>
>>
>> Sue Parks
>> Head, Media Library
>> University of North Texas
>> P.O. Box 305190
>> Denton, TX 76203-5190
>> Phone: 940.369.7249
>> Fax: 940.369.7396
>> sueparks@library.unt.edu
>>
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