RE: [Videolib] Use of Film Clips in Presentation

Brewer, Michael (brewerm@u.library.arizona.edu)
Fri, 20 Jan 2006 14:15:52 -0700

All,

This portion of the copyright code (on copyright infringement and
remedies) should help the librarians and educators among us not to be
terrorized by the thought of Disney, or anyone else, suing us for
copyright infringement as long as we reasonably adhere to section 107.

>From 504(c)(2):

The court shall remit statutory damages in any case where an infringer
believed and had reasonable grounds for believing that his or her use of
the copyrighted work was a fair use under section 107, if the infringer
was: (i) an employee or agent of a nonprofit educational institution,
library, or archives acting within the scope of his or her employment
who, or such institution, library, or archives itself, which infringed
by reproducing the work in copies or phonorecords.

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 Jessica
Rosner
Sent: Friday, January 20, 2006 8:50 AM
To: videolib
Subject: Re: [Videolib] Use of Film Clips in Presentation

Here is one bit of friendly advice. NEVER EVER EVER take a chance with
any
clip owned by DISNEY. So if for instance the original poster's people
wanted
To use a bit from say THE ROOKIE or for some odd reason FANTASIA
Don't do it. They WILL sue.

> 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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Proud Resident of a BLUE STATE

Jessica Rosner
Kino International
333 W 39th St. 503
NY NY 10018
jrosner@kino.com
212-629-6880

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