Re: [Videolib] clips and copyright

M. Claire Stewart (claire-stewart@northwestern.edu)
Sun, 19 Mar 2006 07:30:45 -0600

CCUMC guidelines did not come out of CONFU, the CCUMC process
predated CONFU, though there was overlap in the participation. AALL,
ALA, ARL and SLA wrote a letter to the Patent and Trademark Office
back in 1996 objecting to the CCUMC/CONFU conflation:
<http://www.ll.georgetown.edu/aallwash/lt111896.html> There also was,
and continues to be, a lot of concern that the Multimedia Guidelines
are too narrow. None of the major library associations (ALA, ARL or
ACRL) who participated in the CCUMC process endorsed them. The ARL
has a list of concerns about the Multimedia Guidelines here:
<http://www.arl.org/info/frn/copy/mmedia.html>. I hope that most of
us consider the guidelines floors, not ceilings.

In RE: Jessica's comment about the article Gary forwarded, the
Copyright Office IS making rules; the Digital Millennium Copyright
Act set forth a triennial exemption process governed by the Copyright
Office. Though it may very well be true that these profs are wasting
their time, since very few exemptions have been granted. The
Electronic Frontier Foundation did not request exemptions this year
but issued a paper, "DMCA Triennial Rulemaking: Failing the Digital
Consumer,"
<http://www.eff.org/IP/DMCA/copyrightoffice/DMCA_rulemaking_broken.pdf>

Claire

>Gary
>
>What you are describing falls completely within the Fair Use
>Guidelines for Educational Multimedia, the only set of guidelines to
>officially emerge from the CONFU hearings a few years ago.
>
>Key to these guidelines is that additional material is being added.
> The 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 available on the Consortium of College and University Media
>Centers website: <http://www.ccumc.org>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
>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
>convenience sake is something quite different. In pulling this off,
>you'd have 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 copyrighted work as a whole; and,
>4. The effect upon the potential market for or value of the copyrighted work.
>
>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 around forever is another matter. As I was trying
>to say in this article, there is this issue of "spontaneity" sewn
>into the copyright law...
>
>Anyone else want to weigh in?
>
>gary

-- 
____________________________________________________
M. Claire Stewart
Head, Digital Media Services, Marjorie I. Mitchell Multimedia Center
Coordinator of Digitization Projects, Northwestern University Library
(847) 467-1437
claire-stewart@northwestern.edu
http://www.library.northwestern.edu/cstewart/
http://copyrightreadings.blogspot.com
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