Re: [Videolib] Due diligence

Rick Provine (provine@depauw.edu)
Fri, 02 Jun 2006 08:39:38 -0400

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

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>>> 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.