Re: [Videolib] clips and copyright

Gary Handman (ghandman@library.berkeley.edu)
Mon, 20 Mar 2006 08:06:51 -0800

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hi deg

Seems to me that what's being described does not fit very comfortably
within the CCUMC guidelines ... the guidelines seem to address using
intellectual property in transformative ways: i.e. incorporating
copyrighted media within the context of other intellectual "products"
created by the user ...

When push comes to shove, I think the big clamor is for being able to
make compilations of clips to use in teaching, either synchronously
or asynchronously (e.g. via course web sites etc.). These needs and
wants aren't really addressed in the guidelines.

Gary

At 04:56 PM 3/17/2006, you wrote:
>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

Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley
ghandman@library.berkeley.edu
http://www.lib.berkeley.edu/MRC

*****

"In societies where modern conditions of production prevail,
all of life presents itself as an immense accumulation of
spectacles."
--Guy Debord
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hi deg

Seems to me that what's being described does not fit very comfortably within the CCUMC guidelines ... the guidelines seem to address using intellectual property in transformative ways:  i.e. incorporating copyrighted media within the context of other intellectual "products" created by the user ... 

When push comes to shove, I think the big clamor is for being able to make compilations of clips to use in teaching, either synchronously or asynchronously (e.g. via course web sites etc.).  These needs and wants aren't really addressed in the guidelines.

Gary



At 04:56 PM 3/17/2006, you wrote:

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 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

Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley
ghandman@library.berkeley.edu
http://www.lib.berkeley.edu/MRC

*****

"In societies where modern conditions of production prevail,
           all of life presents itself as an immense accumulation of spectacles."
               --Guy Debord

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