RE: [Videolib] question on copyrights

Brewer, Michael (brewerm@u.library.arizona.edu)
Tue, 21 Feb 2006 10:53:08 -0700

Jessica,

TEACH allows for streaming of any amount necessary to meet the
educational goal if it is "non-dramatic", so that may include entire
"non dramatic" films (as they are used all the time in class in this
way).

For feature/art films ("dramatic") the law does not seem to allow for
entire films, just limited and reasonable portions or "displays" of any
amount usually shown in class (which is irrelevant for streaming, as it
applies not to performance, but to display - stills). I, personally,
think this is a major flaw in the law, but that is what it says.

Fair Use says nothing about not using an entire work (be that print, or
film or something else), just about weighing the 4 factors.

My understanding of that would mean that the use of an entire film would
heavily weigh against fair use for Amount, but if the use is educational
or scholarly, that would weigh heavily in favor of fair use. The Effect
would depend on whether or not the film were in print and, I think (as
much or more so), on the mechanisms used to perform the film
(passworded, streamed without the ability to copy, etc.). If appropriate
measures were taken, even for a film in print, my sense is that Effect
might still not weigh against the use [for classroom viewing or
streaming for reserves] (how, for example, could one argue that the
effect of this use is greater than putting this same film on reserve for
students to check out and view on their own?). Lastly one would have to
weigh Nature. Because film is considered a highly creative medium, this
would weigh more heavily against in most cases.

As such, my weighing of the 4 fair use factors comes out pretty even.
Of course one should base this judgment on each case individually, but I
think this generic scenario shows that, if you understand the weighing
of factors as I do (and I know many of you don't), the use of entire
films for streaming to classrooms or reserves may still be considered a
fair use in many instances.

Please be gentle in your reproaches :)

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: Tuesday, February 21, 2006 9:21 AM
To: videolib@library.berkeley.edu
Subject: Re: [Videolib] question on copyrights

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 transmitted 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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