Re: [Videolib] clips and copyright

Ciara Healy (cmhealy@waketech.edu)
Mon, 20 Mar 2006 11:00:48 -0500

Gary,
It is because it is not transformative that I thought it was covered by
fair use. A film professor making a DVD of clips (short portions -
scenes essentially) from other DVDs for the purposes of face to face
teaching (non-profit educational use) and they have to ditch it after
two years. I advised a film instructor at my college to go on ahead with
her plan to make a DVD of clips (clip lendth limits cited) from other
DVDs for the purposes of classroom use and specifically because I
thought it fell under the description fo a Multimedia Project. So the
instructor IS simply ripping clips for convenience sake, in an academic
context, and her multimedia project does meet the 4 conditions you
reiterate below.
My question, more specifically, is this: why don't the Penn profs make
Multimedia Projects that meet these same criteria? Save themselves a bit
of trouble and save the taxpayers some money by not going (uselessly) to
congress...
ciara

>>> ghandman@library.berkeley.edu >>>
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

>Why doesn't making a DVD of clips from other DVDs count as a multimedia
>project?
>
>
>
> >>> ghandman@library.berkeley.edu >>>
>check it out...the author misquoted me, but c'est la student
>journalism, I guess
>
>http://www.dailypennsylvanian.com/vnews/display.v/ART/441a7d6d39fd7
>
>
>
>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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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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