On 2/21/06 12:53 PM, "Brewer, Michael" <firstname.lastname@example.org>
> 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
> 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 :)
> 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
> -----Original Message-----
> From: email@example.com
> [mailto:firstname.lastname@example.org] On Behalf Of Jessica
> Sent: Tuesday, February 21, 2006 9:21 AM
> To: email@example.com
> 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
> 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" <firstname.lastname@example.org>
>> 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
>> 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
>> owns it. However, if there are other license agreements around the
>> of a particular video, those could trump copyright law. I'll let
>> chime in on that one.
>> 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
>> -----Original Message-----
>> From: email@example.com
>> [mailto:firstname.lastname@example.org] On Behalf Of
>> Badilla-Melendez, Cindy
>> Sent: Thursday, February 16, 2006 3:31 PM
>> To: 'email@example.com'
>> Subject: [Videolib] question on copyrights
>> I know that few weeks ago there was a discussion on copyrights for
>> clips online. I know we can use 10% or 3 minutes which ever is less.
>> this is related to if the library owns the video.
>> Can we put video clips online (streaming video) for distance ed, of
>> owned by faculty but not by the library?
>> We all know that if the library buys a video, we pay $300 for it, and
>> professor buy the same video he/she will pay only $50. So would that
>> something to with being allowed legally to put the prof's copy of
>> clips online? We are allowed to put personal copies on course reserve.
>> What do you think?
>> Cindy Badilla-Melendez
>> Media Resources Librarian
>> O'Shaughnessy-Frey Library,
>> University of St. Thomas
>> phone (651) 962-5464
>> fax (651) 962-5406
>> Videolib mailing list
>> Videolib mailing list
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