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

Jessica Rosner (jrosner@kino.com)
Mon, 19 Jun 2006 18:27:24 -0400

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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 =B3transformative=B2 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 =B3non profit =B3 or educational is not an escape from thi=
s
or any other provision of
=B3fair use=B9

However I was really referring to the mocking I got for even using the
PHRASE
=B3transformative=B2 in previous threads

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

> Glad you approve, Jessica. Apparently you missed
>=20
> 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 orig=
inal
> 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 purp=
ose.
> 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
>=20
> <http://fairusenetwork.org/reference/c-fairuse3.php> [emphasis mine]
>=20
> Gary
>=20
>=20
> At 02:33 PM 6/19/2006, you wrote:
>> Looks fine to me. Especially the emphasis that while all four factors ar=
e
>> 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
>>=20
>>=20
>> On 6/19/06 4:59 PM, "Gary Handman" <ghandman@library.berkeley.edu> wrote=
:
>>=20
>>> > http://fairusenetwork.org/
>>> >=20
>>> >=20
>>> > Gary Handman
>>> > Director
>>> > Media Resources Center
>>> > Moffitt Library
>>> > UC Berkeley
>>> > ghandman@library.berkeley.edu
>>> > http://www.lib.berkeley.edu/MRC
>>> >=20
>>> > *****
>>> >=20
>>> > "In societies where modern conditions of production prevail,
>>> > all of life presents itself as an immense accumulation of
>>> > spectacles."
>>> > --Guy Debord
>>> >=20
>>> >=20
>>> > VIDEOLIB is intended to encourage the broad and lively discussion of
>>> issues
>>> > relating to the selection, evaluation, acquisition,bibliographic cont=
rol,
>>> > preservation, and use of current and evolving video formats in librar=
ies
>>> and
>>> > related institutions. It is hoped that the list will serve as an effe=
ctive
>>> > working tool for video librarians, as well as a channel of communicat=
ion
>>> > between libraries,educational institutions, and video producers and
>>> > distributors.
>>=20
>>=20
>>=20
>> Proud Resident of a BLUE STATE
>> =20
>> Jessica Rosner
>> Kino International
>> 333 W 39th St. 503
>> NY NY 10018
>> jrosner@kino.com
>> 212-629-6880
>>=20
>>=20
>> VIDEOLIB is intended to encourage the broad and lively discussion of iss=
ues
>> 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 effecti=
ve
>> 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
>=20
> <http://www.lib.berkeley.edu/MRC> *****
>=20
> "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
=20
Jessica Rosner
Kino International
333 W 39th St. 503
NY NY 10018
jrosner@kino.com
212-629-6880

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Re: [Videolib] Fair Use site worth checking out. 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 “transform= ative” 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 questi= on
Note also that being “non profit “ or educational is not an esc= ape from this or any other provision of
“fair use’

However I was really referring to the mocking I got for even using the PHRA= SE
“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<= BR>
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 t= o 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 copyi= ng an entire TV show for purposes of home viewing at a later hour is fair us= e. ( Sony v. Universal City Studios <http://fairusenetwork.org/reference= /refs-cases.php#Sony464US417> ).
http://fairuse= network.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 al= l 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."
>            &nbs= p;   --Guy Debord
>
>
> VIDEOLIB is intended to encourage the broad and lively discussion of i= ssues
> relating to the selection, evaluation, acquisition,bibliographic contr= ol,
> preservation, and use of current and evolving video formats in librari= es and
> related institutions. It is hoped that the list will serve as an effec= tive
> working tool for video librarians, as well as a channel of communicati= on
> 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, p= reservation, and use of current and evolving video formats in libraries and = related institutions. It is hoped that the list will serve as an effective w= orking tool for video librarians, as well as a channel of communication betw= een 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 li= fe presents itself as an immense accumulation of spectacles."
            &nb= sp; --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

--B_3233586445_441335253--

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.