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

jrosner@kino.com
Mon, 19 Jun 2006 21:24:37 -0400

Actually Gary one does not invoke "fair use" as a constiutional right
one uses it as an "affirmative defense" of why something which would
otherwise violate copyright does not in a particular case. "fair use"
and Face to Face teaching being the two most obvious defenses

Let's face it this is getting tiresome.
We know you can't copy whole pieces for use in a class
as shown in the Kinkos and other cases. When you add the element
of public exibition as was discussed here a while back ( which started
this) you will frankly have entered the twighlight zone if you think
a court would uphold the public showing of a complete work with no
"transformative " element ( which in the case of a whole feature film might
be nearly impossible) I think mostly people sort of ask what they can
get away with and not what is legal. The odds of folks getting caught
is pretty remote ( though I did just get the MPAA to crack down on a few
college film showings that were not paying off rights holders). If
anyone sincerely believes that "fair use" covers things like duping
copies for a whole class or showing a film publicaly without clearing rights
than for the last time I suggest you do it openly by for instance sending
notice to the rights holder or the MPAA if you can't locate the rights holder

I really don't think anyone on this list wants to violate copyright and
I know the level of frustratation of being unable to either find a copy
of something you need or use it in certain manner is maddening but unless
you want to start buying pirate bootlegs on eBay you will have to live with
( and explain to profs) that not every piece of media ever made is
available in the format they desire for the use they desire.

This is all of course repetative so that's it for me but I think
the site is very good in dealing with it provided you read all of it

Quoting Gary Handman <ghandman@library.berkeley.edu>:

> 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://fairu
senetwork.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

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.