Re: [Videolib] Use of Film Clips in Presentation

Jessica Rosner (
Fri, 20 Jan 2006 15:59:21 -0500

To clarify one thing copyright law DOES change re for profit schools in
regards to the SEPARATE " face to face" teaching exemption . FOR profit
Schools are NOT entitled to use films in courses without licensing them

Also back to the original question, this involved film CLIPS which is far
More than a single image so I am not sure if any of the info below is

Lastly I don't know about the rest of you but I will be fascinated to
See how the legal battle between google and major publishers over the
scanning of entire works turns out and it is only in the initial stages


> Regarding for-profit and not-for-profit fair use. The federal courts have
> actually ruled in 2003 that using a "thumbnail" version of an image is
> perfectly legal and an acceptable fair use whereas using a full image was
> not. This case involved a for-profit entity that was reproducing comic
> strips on its website.
> Google used this ruling to create its Image search feature. Google is a
> for-profit entity and provides access to MILLIONS (billions, perhaps?) of
> copyrighted images through this Image search function. But because Google
> only provides thumbnails that then link to the actual image on the copyright
> owner's page, this has been deemed acceptable fair use.
> In fact, fair use is what allows Google and any search engine to actually
> exist. All of these search engines copy text directly from a website in
> order to display it in their search results. Some of this text even includes
> trademarks. Google doesn't need permission nor does it need to pay license
> fees for copying and publicly displaying this information because it is
> considered a fair use. And Google is a billion dollar company.
> Likewise, there are for-profit universities and not-for-profit universities.
> Copyright law doesn't change because of the business structure. If a use is
> fair, it is fair for anyone regardless of business structure.
> And if you violate fair use, once again, it doesn't matter if you're billion
> dollar Google or barely-squeaking-by Catholic school on an Indian
> reservation. You can be sued for copyright violation.
> For-profit and not-for-profit has little to do with fair use. The law is
> applied equally to all.
> -Gary C. Daniels
> On 1/19/06 5:59 PM, "deg farrelly" <> wrote:
>> 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:
>>> From: Gary Daniels <>
>>> Reply-To: "" <>
>>> Date: Thu, 19 Jan 2006 15:55:01 -0500
>>> To: "ALA: videolib" <>
>>> 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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Jessica Rosner
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