Re: [Videolib] Use of Film Clips in Presentation

deg farrelly (deg.farrelly@asu.edu)
Thu, 19 Jan 2006 15:59:24 -0700

There is nothing in the fair use provisions of US copyright law that
provides any indication of portion limitations. The notion of 3 minutes,
retention of 2 years, etc. mentioned here (and in an earlier post) are not
absolutes. They are, instead, a "safe harbor" within which one can feel
relatively certain that one's use is fair use. These portion limitations
were were articulated in the Fair Use Guidelines for Educational Multimedia,
as part of the CONFU process.

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:  deg.farrelly@asu.edu




> From: Gary Daniels <Gary@interruptproductions.com>
> Reply-To: "videolib@library.berkeley.edu" <videolib@library.berkeley.edu>
> Date: Thu, 19 Jan 2006 15:55:01 -0500
> To: "ALA: videolib" <videolib@library.berkeley.edu>
> 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.


<snip>


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