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

Brewer, Michael (brewerm@u.library.arizona.edu)
Fri, 24 Feb 2006 14:19:59 -0700

Jessica,

I, too, am confused. Why is the Sony case not remotely on point? You
said that fair use could never apply to a whole work, but the Sony case
shows that it can and has, even for film/TV (making VHS copies of entire
programs to view at a later time was deemed a fair use). Whether or not
this case applies specifically to streaming films (it doesn't) is
immaterial. What is important is that it shows that fair use can apply
to an entire work, including film.

Determining whether or not streaming a video to a classroom would
constitute a fair use (which would have nothing to do with the face to
face exemption) would have to be judged on the facts at hand and the law
as written (and, perhaps eventually, on a court ruling).

If people are confused by the copyright code that is not my doing. On
the contrary, I would hope I am leading people to return to the
copyright code itself, rather than relying on what they may have heard
or been told.

I meet librarians all the time that haven't a clue about the exemptions
given to libraries and archives in section 108. Months ago, you and
many others on this list, whom I find exceptionally well informed, were
very skeptical that a library could make a replacement copy of a video
that had been stolen, lost, damaged or was deteriorating and was not
available in an unused copy at a reasonable price, even though this is
clearly in section 108.

Can we agree that, based on the Sony case, Fair Use can apply to entire
works, even films?

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: Friday, February 24, 2006 11:09 AM
To: videolib@library.berkeley.edu
Subject: Re: [Videolib] One last "fair use " note

I am confused are you using the Sony home use case as the whole film
precedent or something else because it is not REMOTELY on point to your
Belief that you MIGHT be able to stream an entire film on a campus etc

Look I don't want to keep going on with this as it seems useless

I think you are really leading people down the garden path and confusing
This "face to face"

No one has EVER claimed that "fair use" would cover an entire work let
alone
one being transmitted. If you want to get sued by every
Studio in town and cost your school a bundle be my guest and try it
But I STRONGLY suggest consulting a real copyright lawyer before you
Do

On 2/24/06 12:30 PM, "Brewer, Michael" <brewerm@u.library.arizona.edu>
wrote:

> I'm looking into other precedents, but there is one listed in the very
> Wikepedia article you quote that allowed for entire programs to be
> copied and was held up as a fair use.
>
> Yet see Sony Corp. v. Universal City Studios for a case in which
> substantial copying - entire programs for private viewing - was upheld
> as fair use.
>
> 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
>
>
> _______________________________________________
> Videolib mailing list
> Videolib@library.berkeley.edu
> http://www.lib.berkeley.edu/mailman/listinfo/videolib
>
> _______________________________________________
> Videolib mailing list
> Videolib@library.berkeley.edu
> http://www.lib.berkeley.edu/mailman/listinfo/videolib

Proud Resident of a BLUE STATE

Jessica Rosner
Kino International
333 W 39th St. 503
NY NY 10018
jrosner@kino.com
212-629-6880

_______________________________________________
Videolib mailing list
Videolib@library.berkeley.edu
http://www.lib.berkeley.edu/mailman/listinfo/videolib

_______________________________________________
Videolib mailing list
Videolib@library.berkeley.edu
http://www.lib.berkeley.edu/mailman/listinfo/videolib