RE: [Videolib] Due diligence

 (clarkjc@jmu.edu)
Fri, 2 Jun 2006 10:34:50 -0400 (EDT)

Sorry, folks, that I've been so busy lately I completely
missed the loop on this thread. But I think Mark's got the
take I endorse below (Friday or not).

Here's hoping somebody wealthy and odd buys that duck-suited
alien head and does the rescue center proud....

Jeff

---- Original message ----
>Date: Fri, 2 Jun 2006 09:54:39 -0400
>From: "Mark Kopp" <mkopp@iu08.org>
>Subject: RE: [Videolib] Due diligence
>To: <videolib@lists.berkeley.edu>
>
>I'm not going to get into this argument, per se...BUT...the
one point that Jessica (I think) made, was that "due
diligence" is now defined as hiring a lawyer. I'm betting
the first person to make this claim WAS A LAWYER! Since when
did due diligence become solely a lawyers job? I can
remember, stated right here at one time, that due diligence
was a Library of Congress search as well as a handful of
database culls.
>
>Since we all agree that each case needs weighed on it's own
merits, there's no argument that the levy will break and
every damn university, college, and library will begin
showing films without permissions! The sky isn't falling
every time someone asks to show a film. Each situation gets
it's chance to be weighed against the four yadda yadda
yadda...it's either a thumbs up or a thumbs down...and then
it's over and on to the next case. Just because ONE
situation went one way or the other, does NOT mean that it's
open season on rights holders, nor does it mean that going
forward, EVERY film is available for "free use".
>
>It's Friday...this was too much to think about on a Friday.
Besides, there are some very serious issues that we need to
consider...
>http://www.atlanticbb.net/news/read.php?
id=14133022&ps=1020&cat=&cps=0&lang=en
>
>Have a grrrrreat weekend!
>
>Mark
>************************************************
>
>-----Original Message-----
>From: owner-videolib@lists.berkeley.edu [mailto:owner-
videolib@lists.berkeley.edu] On Behalf Of Rick Provine
>Sent: Friday, June 02, 2006 8:40 AM
>To: videolib@lists.berkeley.edu
>Subject: Re: [Videolib] Due diligence
>
>Jessica:
>
>"Transformative" is merely one consideration of the first
test of Fair Use, "The Purpose and Character of your use."
Transformative, in and of itself, does not make or break a
fair use case, though the law favors it. All four factors
must be weighed.
>
>Fair Use is not intended to address any real specific
instance, not deny any specific use. It merely recognizes
that there will be acceptable uses of copyrighted material
without permission or payment.
>
>I agree with Gary...this does not mean "open season" on
copyright or rights holders. But it does mean that progress
can still be made in the absence of a workable system. Fair
use is claimed on entire works all of the time (see Reserve
Reading).
>
>Certainly in practice, the use of an entire work is more
difficult to get past the four factors. But, it is NOT
excluded by statute. Fair use is deliberately vague to
allow for interpretation.
>
>Rick
>
>
>
>
>_____________________________
>Rick Provine
>Director of Libraries
>and Associate CIO for Library
>& Information Services
>DePauw University
>11 East Larabee Street
>Greencastle, IN 46135
>provine@depauw.edu
>office 765-658-4435
>mobile 765-301-0262
>fax 765-658-4445
>>>> jrosner@kino.com 06/01/06 7:07 PM >>>
>Ok Gary then tell me why in the entire history of FU has it
ALWAYS been legally interpreted as being right to
INCORPORATE something into another work.
>The legal term is in fact ³transformative² FU has in every
case been used as right to TRANSFORM or USE something IN
ANOTHER WORK So to use clips, quotes etc IN ANOTHER work. It
has never ever been used to allow a COMPLETE work by itself
so yes in this case you are just making up law. I don¹t
think even the most copyright hating lawyer/ artist would
EVER suggest That ³fair use² can EVER and I mean ever be
justified as a way of showing a complete work under copyright
>
>Find me any instance where this has been done or argued.
>
>.
>
>I will if you like get you quotes from ³fair use² cases
which refer to is ³transformative² nature
>
>Seriously you KNOW that ³fair use² is intended and has
developed as limited right under certain circumstances to
use An otherwise copyrighted work as PART of another work.
>
>Other than WANTING it to be otherwise and because frankly
it sound nice , I mean gee this should be ³Fair² right ?
How can you justify this.
>
>Also going back as I seem to be the only one who wants to
to the ORIGINAL question , what the ³F² would ³Fair use²
have to do With showing this film ? The question was if you
can¹t basically afford to track down a difficult to locate
copyright holder , can you show the film anyway? So please
explain how this is remot
>
>VIDEOLIB is intended to encourage the broad and lively
discussion of issues relating to the selection, evaluation,
acquisition,bibliographic control, preservation, and use of
current and evolving video formats in libraries and related
institutions. It is hoped that the list will serve as an
effective working tool for video librarians, as well as a
channel of communication between libraries,educational
institutions, and video producers and distributors.
>
>
>
>VIDEOLIB is intended to encourage the broad and lively
discussion of issues relating to the selection, evaluation,
acquisition,bibliographic control, preservation, and use of
current and evolving video formats in libraries and related
institutions. It is hoped that the list will serve as an
effective working tool for video librarians, as well as a
channel of communication between libraries,educational
institutions, and video producers and distributors.

===========
Jeff Clark
Director
Media Resources MSC 1701
James Madison University
Harrisonburg VA 22807
clarkjc@jmu.edu (email)
540-568-6770 (phone)
540-568-7037 (fax)

VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors.