Re: [Videolib] clips and copyright

deg farrelly (deg.farrelly@asu.edu)
Fri, 17 Mar 2006 17:56:32 -0700

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Gary

What you are describing falls completely within the Fair Use Guidelines for
Educational Multimedia, the only set of guidelines to officially emerge fro=
m
the CONFU hearings a few years ago.

Key to these guidelines is that additional material is being added. The
guidelines also speak to =B3safe harbor=B2 portion limits, number of copies tha=
t
can be made, retention period, etc.

For those interested... The full text of the guidelines, and more, are
available on the Consortium of College and University Media Centers website=
:
http://www.ccumc.org under the Copyright and Intellectual Property link.
(Full disclosure, one of the items linked is the PowerPoint presentation
Stan Diamond and I developed to summarize the Guidelines.)

--
deg farrelly, Associate Librarian
Arizona State University at the West Campus
PO Box 37100=20
Phoenix, Arizona  85069-7100
Phone:  602.543.8522
Email:  deg.farrelly@asu.edu

From: Gary Handman <ghandman@library.berkeley.edu> Reply-To: "videolib@library.berkeley.edu" <videolib@library.berkeley.edu> Date: Fri, 17 Mar 2006 15:29:14 -0800 To: "videolib@library.berkeley.edu" <videolib@library.berkeley.edu> Subject: Re: [Videolib] clips and copyright

huh?

Because it's not "transformative" (thank you very much, Jessica) -- a multimedia project presumably uses these clips in an original intellectual or academic context...

Simply ripping clips from copyrighted DVDs onto another DVD for convenienc= e sake is something quite different. In pulling this off, you'd have to appl= y the=20

1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes, 2. The nature of the copyrighted work, 3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and, 4. The effect upon the potential market for or value of the copyrighted work.=20

My guess is that taking a limited number of short clips for short-term use in the classroom would hold up as fair use. Keeping this compilation aroun= d forever is another matter. As I was trying to say in this article, there i= s this issue of "spontaneity" sewn into the copyright law...

Anyone else want to weigh in?

gary

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Re: [Videolib] clips and copyright Gary<= BR>
What you are describing falls completely within the Fair Use Guidelines for= Educational Multimedia, the only set of guidelines to officially emerge fro= m the CONFU hearings a few years ago.

Key to these guidelines is that additional material is being added.  T= he guidelines also speak to “safe harbor” portion limits, number= of copies that can be made, retention period, etc.

For those interested... The full text of the guidelines, and more, are avai= lable on the Consortium of College and University Media Centers website: &nb= sp;http://www.ccumc.org under the Copyrig= ht and Intellectual Property link.  (Full disclosure, one of the items = linked is the PowerPoint presentation Stan Diamond and I developed to summar= ize the Guidelines.)


--
deg farrelly, Associate Librarian
Arizona State University at the West Campus
PO Box 37100
Phoenix, Arizona  85069-7100
Phone:  602.543.8522
Email:  deg.farrelly@asu.edu



From: Gary Handman <ghandman@library.berkeley.edu>
Reply-To: "videolib@library.berkeley.edu" <videolib@lib= rary.berkeley.edu>
Date: Fri, 17 Mar 2006 15:29:14 -0800
To: "videolib@library.berkeley.edu" <videolib@library.b= erkeley.edu>
Subject: Re: [Videolib] clips and copyright

huh?

Because it's not "transformative" (thank you very much, Jessica) = -- a multimedia project presumably uses these clips in an original intellect= ual or academic context...

 Simply ripping clips from copyrighted DVDs onto another DVD for conve= nience sake is something quite different.  In pulling this off, you'd h= ave to apply the

1. The purpose and character of the use, including whether such use is of a= commercial nature or is for nonprofit educational purposes,
2. The nature of the copyrighted work,
3. The amount and substantiality of the portion used in relation to the cop= yrighted work as a whole; and,
4. The effect upon the potential market for or value of the copyrighted wor= k.

My guess is that taking a limited number of short clips for <= /SPAN>short-term= use in the classroom would hold up as fair u= se.  Keeping this compilation around forever is another matter.  A= s I was trying to say in this article, there is this issue of "spontane= ity" sewn into the copyright law...

Anyone else want to weigh in?

gary

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