Re: [Videolib] question on copyrights

Jessica Rosner (jrosner@kino.com)
Tue, 21 Feb 2006 11:21:17 -0500

I agree with most of this but it is clear to me anyway that both
TEACH and fair use prohibit the use of an entire film in streaming
Or distance Ed. However to source of the film is irrelevant so long at is a
LEGAL COPY and Professors are notorious for having bootleg copies so MAKE
sure It is a LEGAL copy from the US and not taped off air, pirate copy
Etc. Usually you can tell from the box but again be careful with
Profs as they traditionally have very little respect for what is a
Legal copy and what is not

On 2/17/06 10:40 AM, "Brewer, Michael" <brewerm@u.library.arizona.edu>
wrote:

> 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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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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