But those guidelines (the only guidelines officially adopted as part of the
CONFU process, if memory serves me) go on to say that OTHER portions might
* still * be fair use, depending on the application of ALL of the four
factors of fair use: amount of the work, nature of the work, effect on the
market, nature of the use.
While there is no specific provision that a use be not-for-profit, I think
an individual would have a harder time making a fair-use claim in a setting
in which money is being earned from the presentation.
-- deg farrelly, Associate Librarian Arizona State University at the West Campus PO Box 37100 Phoenix, Arizona 85069-7100 Phone: 602.543.8522 Email: email@example.com
> From: Gary Daniels <Gary@interruptproductions.com> > Reply-To: "firstname.lastname@example.org" <email@example.com> > Date: Thu, 19 Jan 2006 15:55:01 -0500 > To: "ALA: videolib" <firstname.lastname@example.org> > Subject: Re: [Videolib] Use of Film Clips in Presentation > <snip> > 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.
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