> 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.
> 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
> -----Original Message-----
> From: email@example.com
> [mailto:firstname.lastname@example.org] On Behalf Of deg farrelly
> Sent: Thursday, January 19, 2006 3:59 PM
> To: email@example.com
> 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
> retention of 2 years, etc. mentioned here (and in an earlier post) are
> absolutes. They are, instead, a "safe harbor" within which one can feel
> relatively certain that one's use is fair use. These portion
> were were articulated in the Fair Use Guidelines for Educational
> as part of the CONFU process.
> But those guidelines (the only guidelines officially adopted as part of
> CONFU process, if memory serves me) go on to say that OTHER portions
> * 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
> market, nature of the use.
> While there is no specific provision that a use be not-for-profit, I
> an individual would have a harder time making a fair-use claim in a
> 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: firstname.lastname@example.org
>> From: Gary Daniels <Gary@interruptproductions.com>
>> Reply-To: "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
>> Fair Use doesn't require the commentary to directly relate to the
>> 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
>> how long you can use the copy. (No more than 3 minutes/ no longer than
>> years). It also requires that you give credit to the copyright owner.
>> "Courtesy 20th Century Fox")
>> Fair Use also doesn't require that a use be not-for-profit. TV news
>> are for-profit entities but can use clips for commentary purposes
>> paying licensing fees. That's why you'll always see "Courtesy Network
>> Here" on any clip they use from an outside source.
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