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

Jessica Rosner (jrosner@kino.com)
Fri, 24 Feb 2006 16:37:10 -0500

Michael
I really don't want to post on this but if you can't see the difference
between people making a private VHS and streaming a copy on a campus
I think that is a lost cause. For the record keep in mind that the Sony
Case was decided by 5-4 majority, which is how close we came to not even
being allowed to make copies for PERSONAL USE!!!!!

As for section 108, it has in fact never been litigated and was for many
years thought only to apply to recordings. While I think it might hold up
In some cases of rare archival material I would not try making a copy of
your decorating copy of Disney film because it is currently out of print
( or at least doing this and letting them know) When you suggest these
things it would really help if you actually checked with a copyright lawyer
AND definitely inform the rights holder whose film(s) you intend to copy.
Otherwise it is no better than the pirated who bootleg stuff on the
internet with phony
addresses

On 2/24/06 4:19 PM, "Brewer, Michael" <brewerm@u.library.arizona.edu> wrote:

> 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
>>
>>
>> _______________________________________________
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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
>
>
> _______________________________________________
> Videolib mailing list
> Videolib@library.berkeley.edu
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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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