Re: [Videolib] Fair Use site worth checking out.

Gary Handman (ghandman@library.berkeley.edu)
Mon, 19 Jun 2006 15:58:11 -0700

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One doesn't escape from Fair Use, Jessica, one invokes it as a
constitutional right. By the way, Sony vs Universal established the
right to make off-air copying plain and simple--transformation
doesn't have to enter into the business...

gary

At 03:27 PM 6/19/2006, you wrote:
>Um I think the home use copyinig was established by the court (
>though a close 5-4 vote)
>However you will note the fact that a work has to be
>"transformative" i.e not just using the whole work
>without parody, critisism etc comes into play in EVERY other instance
>The previous times this came up in discussion , home use was never a question
>Note also that being "non profit " or educational is not an escape
>from this or any other provision of
>"fair use'
>
>However I was really referring to the mocking I got for even using the PHRASE
>"transformative" in previous threads
>
>
>On 6/19/06 5:58 PM, "Gary Handman" <ghandman@library.berkeley.edu> wrote:
>
>Glad you approve, Jessica. Apparently you missed
>
>The third factor courts consider is the amount of the original work
>that is taken, and its "substantiality"--that is, how important it
>is to the original work. The less of a work that is taken, the more
>likely it is to be fair. But even the whole work can be taken, if it
>is for a fair and legitimate purpose. The Supreme Court has held,
>for instance, that copying an entire TV show for purposes of home
>viewing at a later hour is fair use. ( Sony v. Universal City
>Studios
><http://fairusenetwork.org/reference/refs-cases.php#Sony464US417><http://fairusenetwork.org/reference/refs-cases.php#Sony464US417>
>).
><http://fairusenetwork.org/reference/c-fairuse3.php>http://fairusenetwork.org/reference/c-fairuse3.php
>
> <http://fairusenetwork.org/reference/c-fairuse3.php> [emphasis mine]
>
>Gary
>
>
>At 02:33 PM 6/19/2006, you wrote:
>Looks fine to me. Especially the emphasis that while all four factors are
>taken into account the fact that something basically has to be
>"transformative "to qualify works for me. Trust no one will make fun of me
>again about this
>
>
>On 6/19/06 4:59 PM, "Gary Handman" <ghandman@library.berkeley.edu> wrote:
>
> > <http://fairusenetwork.org/>http://fairusenetwork.org/
> >
> >
> > Gary Handman
> > Director
> > Media Resources Center
> > Moffitt Library
> > UC Berkeley
> > ghandman@library.berkeley.edu
> > <http://www.lib.berkeley.edu/MRC>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
> >
> >
> > 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.
>
>
>
>Proud Resident of a BLUE STATE
>
>Jessica Rosner
>Kino International
>333 W 39th St. 503
>NY NY 10018
>jrosner@kino.com
>212-629-6880
>
>
>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.
>
>Gary Handman
>Director
>Media Resources Center
>Moffitt Library
>UC Berkeley
>ghandman@library.berkeley.edu
><http://www.lib.berkeley.edu/MRC>http://www.lib.berkeley.edu/MRC
>
> <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
>
>
>
>
>
>Proud Resident of a BLUE STATE
>
>Jessica Rosner
>Kino International
>333 W 39th St. 503
>NY NY 10018
>jrosner@kino.com
>212-629-6880

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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One doesn't escape from Fair Use, Jessica, one invokes it as a constitutional right.   By the way, Sony vs Universal established the right to make off-air copying plain and simple--transformation doesn't have to enter into the business...
 
gary


At 03:27 PM 6/19/2006, you wrote:

Um = I think the home use copyinig was established by the court ( though a close 5-4 vote)
However you will  note the fact that a work has to be =93transformative=94 i.e not just using the whole work
without parody, critisism etc comes into play in EVERY  other instance
The previous times this came up in discussion , home use was never a question
Note also that being =93non profit =93 or educational is not an escape fr= om this or any other provision of
=93fair use=92

However I was really referring to the mocking I got for even using the PHRASE
=93transformative=94 in previous threads


On 6/19/06 5:58 PM, "Gary Handman" <ghandman@library.berkeley.edu> wrote:

Glad you approve, Jessica.  Apparently you missed

The third factor courts consider is the amount of the original work that is taken, and its "substantiality"--that is, how important it is to the original work. The less of a work that is taken, the more likely it is to be fair. But even the whole work can be taken, if it is for a fair and legitimate purpose. The Supreme Court has held, for instance, that copying an entire TV show for purposes of home viewing at a later hour is fair use. ( Sony v. Universal City Studios <http://fairusenetwork.org/reference/refs-cases.php#Sony464US417> ).
http://fairusenetwork.org/reference/c-fairuse3.php

  < http://fairusenetwork.org/reference/c-fairuse3.php > [emphasis mine]

Gary


At 02:33 PM 6/19/2006, you wrote:
Looks fine to me. Especially the emphasis that while all four factors are
taken into account the fact that something basically has to be
"transformative "to qualify works for me. Trust no one will make fun of me
again about this


On 6/19/06 4:59 PM, "Gary Handman" <ghandman@library.berkeley.edu> wrote:

> http://fairusenetwork.org/
>
>
> 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."
>           &nb= sp;    --Guy Debord
>
>
> 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.



Proud Resident of a BLUE STATE
 
Jessica Rosner
Kino International
333 W 39th St. 503
NY NY 10018
jrosner@kino.com
212-629-6880


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.

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

  < 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."
            &= nbsp; --Guy Debord





Proud Resident of a BLUE STATE
 
Jessica Rosner
Kino International
333 W 39th St. 503
NY NY 10018
jrosner@kino.com
212-629-6880

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."
            &= nbsp;  --Guy Debord

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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.