On 3/19/06 8:30 AM, "M. Claire Stewart" <claire-stewart@northwestern.edu>
wrote:
> 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
>
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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