RE: [Videolib] Use of Film Clips in Presentation

Brewer, Michael (brewerm@u.library.arizona.edu)
Fri, 20 Jan 2006 08:07:56 -0700

Deg,

Thanks for bringing some sanity back to this discussion. As you note,
it is very important to remember that the law and guidelines are not the
same and not to mix the two. When fair use is reduced to "safe harbor"
guidelines, it is significantly impoverished.

mb

Michael Brewer
Slavic Studies, German Studies & Media Arts Librarian
University of Arizona Library A210
1510 E. University
P.O. Box 210055
Tucson, AZ 85721
Voice: 520.307.2771
Fax: 520.621.9733
brewerm@u.library.arizona.edu

-----Original Message-----
From: videolib-bounces@library.berkeley.edu
[mailto:videolib-bounces@library.berkeley.edu] On Behalf Of deg farrelly
Sent: Thursday, January 19, 2006 3:59 PM
To: videolib@library.berkeley.edu
Subject: Re: [Videolib] Use of Film Clips in Presentation

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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