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

Brewer, Michael (brewerm@u.library.arizona.edu)
Fri, 24 Feb 2006 10:15:06 -0700

Jessica,

I don't see where in the law it says anything about having to be used in
another work. For criticism or comment, yes, but not necessarily for
teaching. Is copying an article for reserve using someone's work in
your own work? I don't think so. Wikepedia can be a valuable resource,
I'm wouldn't bank on it for copyright guidance.

Section 107 specifically mentions copies in a number of places, and
there is no reason to believe this means copies ONLY of a portion of a
work. The introductory sentence does not say anything about a PORTION,
it says: "the fair use of a copyrighted work, including such use by
reproduction in copies or phonorecords or by any other means specified
by that section." There is no mention of portions here. The only
mention of amount comes when it describes the 4 factors. As such, it is
my understanding that when determining fair use, you start from the
whole copyrighted work and then apply the 4 factors to that work, one of
which is amount.

The law does not say that it is illegal outright to use someone else's
work for commercial purposes. However, as we know, one CAN make a fair
use argument for this, though it weighs heavily against the use. I feel
it is the same for the amount of the work. It may not specifically say
that you CAN use all of a work, but that is no reason to believe that an
argument can't be made to do so.

I think what is most important are any legal precedents for using an
entire work. In the final analysis, it is what the court says that
counts. I'll see if I can find anything that deals with entire works.

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: Thursday, February 23, 2006 6:10 PM
To: videolib@library.berkeley.edu
Subject: [Videolib] One last "fair use " note

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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