RE: [Videolib] question on copyrights

Brewer, Michael (brewerm@u.library.arizona.edu)
Fri, 17 Feb 2006 08:40:49 -0700

Cindy

The 10% or 3 minutes is not part of the law.

If the use is for a class, it is clear under TEACH that you can
use/perform whatever amount you need to toward the educational goal if
it is a "nondramatic" film, or perform limited and reasonable portions
of any other film.

The exception are those films specifically created to be used as part of
mediated instructional activities transmited via digital networks.
These are not covered under TEACH.

You could also use fair use to rationalize the streaming, if you feel
TEACH is too restrictive, but each use would have to be scrutinized
individually and weighed by the 4 factors to determine whether the use
was "fair use."

TEACH and fair use only stipulate that the copy is a legal one, not who
owns it. However, if there are other license agreements around the use
of a particular video, those could trump copyright law. I'll let others
chime in on that one.

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
Badilla-Melendez, Cindy
Sent: Thursday, February 16, 2006 3:31 PM
To: 'videolib@library.berkeley.edu'
Subject: [Videolib] question on copyrights

Hello,

I know that few weeks ago there was a discussion on copyrights for video
clips online. I know we can use 10% or 3 minutes which ever is less. But
this is related to if the library owns the video.

Can we put video clips online (streaming video) for distance ed, of
videos
owned by faculty but not by the library?

We all know that if the library buys a video, we pay $300 for it, and if
a
professor buy the same video he/she will pay only $50. So would that has
something to with being allowed legally to put the prof's copy of video
clips online? We are allowed to put personal copies on course reserve.

What do you think?

Thanks,
Cindy

__________________________________________________
Cindy Badilla-Melendez
Media Resources Librarian
O'Shaughnessy-Frey Library,
University of St. Thomas
phone (651) 962-5464
fax (651) 962-5406

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