Re: [Videolib] One last "fair use " note

Jessica Rosner (jrosner@kino.com)
Fri, 24 Feb 2006 11:14:15 -0500

Using a portion of something in teaching IS clearly listed as
A transformative use what it clearly forbids is using a WHOLE work.
There seems to be some misconception that "fair use" is some out for
Educational & non profit to use works they otherwise could not, in fact
It is a way for PORTIONS of works to be incorporated into other works
>From parody to course instruction.
Read the the details, and remember that "fair use " is NOT A RIGHT
But a "affirmative defense" against someone who might claim copyright
Infringement. I thought the Wikpedia section was pretty thorough
On the history and uses. Did you read the whole thing

On 2/24/06 11:02 AM, "Gary Handman" <ghandman@library.berkeley.edu> wrote:

> Hold on, Jessica
>
> Fair use applies to considerably more than transformative work...
>
> Again: I think the use of whole works would be a very very difficult
> thing to claim under FU, but, excerpting and use of portions of a
> work in the service of teaching, criticism, and scholarship
> definitely falls under the umbrella.
>
> I also question the creds of a lawyer who refers to wikipedia as
> authoritative definition.
>
> Gary
>
>
> At 05:10 PM 2/23/2006, Jessica Rosner wrote:
>> I got so frustrated by the idea that ANYONE could think
>> "Fair Use" could ever cover an entire work that I forwarded
>> most of the thread to a copyright specialist I know
>> He felt the list had done a pretty good job dismissing this but
>> went on to point out that "fair use" ONLY applies to "transformative" work
>> that is using a PORTION of something as PART of another work and had
>> NO application to streaming an entire film
>>
>> He suggested this link
>>
>> http://en.wikipedia.org/wiki/Fair_use
>> and look under "Purpose and character" for the discussion of
>> transformative use.
>>
>>
>> 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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>
> Gary Handman
> Director
> Media Resources Center
> Moffitt Library
> UC Berkeley
> ghandman@library.berkeley.edu
> http://www.lib.berkeley.edu/MRC
>
> *****
>
> "In societies where modern conditions of production prevail,
> all of life presents itself as an immense accumulation of
> spectacles."
> --Guy Debord
>
>
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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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