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

Jessica Rosner (jrosner@kino.com)
Fri, 24 Feb 2006 17:25:47 -0500

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Gary as a matter of law =B3fair use =B3 is an =B3affirmative defense=B2 not a
right
It enables to use a portion of something under copyright in something else=
,
details to be
determined in terms of portion, use etc. I am not actually sure where we
disagree
here but I think Michael=B9s contention that it could EVER allow the use of a=
n
entire
work for streaming or anything else in academic setting is about as
wrongheaded
and dangerous as it gets. Kind of the ghost of Jed wherever he is these
days.
The financial liability involved in suggesting the use of whole works in
streaming
By academic institutions is massive. I had assumed everyone wanted to what
was
Legal & right not what they could justify with cockeyed theories and get
away
With since no one is watching
As I have said about this and other previous illegal suggestions , if you
think
You are correct than DO IT AND NOTIFY THE COPYRIGHT HOLDER don=B9t sneak
around.

On 2/24/06 5:02 PM, "Gary Handman" <ghandman@library.berkeley.edu> wrote:

> I think you've got the wrong take on these issues, Jocelyn.
>=20
> We're all trying to figure out what the next steps are in terms of provid=
ing
> access to our collections. It's obvious that digital looms large.
> It's also true that the uses of our collections and the demands of our cl=
ients
> are changing rapidly. We're a service-oriented profession, and providing
> broad, equitable, and timely access is our metier. In considering the
> future, I don't think we're "skirting the edges of legality" as much as w=
e are
> trying to figure out what our fair use rights are in the changing environ=
ment,
> as well as what the new economic and technological models of content deli=
very
> and access might be.
>=20
> In this changing environment, very little is defined or nailed firmly dow=
n...
> It's a world in which large and powerful content owners are increasingly
> stepping on and attempting to limit the definitions of fair use and "publ=
ic
> good." In such an environment, I think it's our professional obligation =
to
> lobby for retention and extension of the constitutionally-defined rights =
we've
> been given while also assiduously respecting intellectual property rights=
of
> authors and other cultural content creators.
>=20
> (And god help us if all we're doing is responding to faculty whim...)
>=20
> Gary
>=20
> By the way Jessica, I think you're wrong about fair use simply being a sa=
fe
> harbor from copyright infringement litigation...
>=20
>=20
>=20
> At 12:29 PM 2/24/2006, you wrote:
>> I've been following the "fair use," "face to face showings," and other
>> copyright issues debate with a great deal of interest. As a long-time
>> independent producer and entrepreneur, I'm just completely baffled by th=
e
>> question of why professional librarians wd even dream of risking persona=
l and
>> institutional liability (to say nothing of reputation) by skirting the e=
dges
>> of legality in the service of aggressive and misinformed faculty members=
who
>> wd (in my opinion) not be even a little bit grateful to them for taking =
the
>> risk.
>> =20
>> Jocelyn Riley
>> HerOwnWords.com
>> NontraditionalCareers.com
> Gary Handman
> Director
> Media Resources Center
> Moffitt Library
> UC Berkeley
> ghandman@library.berkeley.edu
> http://www.lib.berkeley.edu/MRC
>=20
> <http://www.lib.berkeley.edu/MRC> *****
>=20
> "In societies where modern conditions of production prevail,
> all of life presents itself as an immense accumulation of
> spectacles."
> --Guy Debord

Proud Resident of a BLUE STATE
=20
Jessica Rosner
Kino International
333 W 39th St. 503
NY NY 10018
jrosner@kino.com
212-629-6880

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Re: [Videolib] One last "fair use " note Gary = as a matter of law “fair use “ is an “affirmative  de= fense” not  a right
It enables to use a portion of something under copyright  in something= else, details to be
determined in terms of portion, use etc. I am not actually sure where we di= sagree
here but I think Michael’s contention that it could EVER allow the us= e of an entire
work for streaming or anything else in academic setting is about as wronghe= aded
and dangerous as it gets. Kind of the ghost of Jed wherever he is these day= s.
The financial liability involved in suggesting the use of whole works in st= reaming
By academic institutions is massive. I had assumed everyone wanted to what = was
Legal & right not what they could justify with cockeyed theories and ge= t away
With since no one is watching
As I have said about this and other previous illegal suggestions , if you t= hink
You are correct than DO IT AND NOTIFY THE COPYRIGHT HOLDER don’t snea= k
 around.




On 2/24/06 5:02 PM, "Gary Handman" <ghandman@library.berkeley.= edu> wrote:

I think you've got the wrong take on these issues, Joce= lyn.

We're all trying to figure out what the next steps are in terms of providin= g access to our collections. It's obvious that digital looms large.   It's also true that the uses of our collections and the demands of our clie= nts are changing rapidly.  We're a service-oriented profession, and pro= viding broad, equitable, and timely access is our metier.   In con= sidering the future, I don't think we're "skirting the edges of legalit= y" as much as we are trying to figure out what our fair use rights are = in the changing environment, as well as what the new economic and technologi= cal models of content delivery and access might be.   

In this changing environment, very little is defined or nailed firmly down.= ..  It's a world in which large and powerful content owners are increas= ingly stepping on and attempting to limit the definitions of fair use and &q= uot;public good."  In such an environment, I think it's our profes= sional obligation to lobby for retention and extension of the constitutional= ly-defined rights we've been given while also assiduously respecting intelle= ctual property rights of authors and other cultural content creators.

(And god help us if all we're doing is responding to faculty whim...)

Gary

By the way Jessica, I think you're wrong about fair use simply being a safe= harbor from copyright infringement litigation...



At 12:29 PM 2/24/2006, you wrote:
I've been following the "fair use," "fac= e to face showings," and other copyright issues debate with a great dea= l of interest.  As a long-time independent producer and entrepreneur, I= 'm just completely baffled by the question of why professional librarians wd= even dream of risking personal and institutional liability (to say nothing = of reputation) by skirting the edges of legality in the service of aggressiv= e and misinformed faculty members who wd (in my opinion) not be even a littl= e bit grateful to them for taking the risk.
 
Jocelyn Riley
HerOwnWords.com
NontraditionalCareers.com
Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley
ghandman@library.berkeley.edu
http://www.lib.berkeley.edu/MRC

 
<http://www.lib.berkeley= .edu/MRC> *****

"In societies where modern conditions of production prevail,
           all of li= fe presents itself as an immense accumulation of spectacles."
            &nb= sp; --Guy Debord




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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