Re: [Videolib] off air recording and copyright

Rick Faaberg (rfaaberg@comcast.net)
Fri, 28 Jul 2006 23:27:11 -0700

On 7/28/06 6:59 AM "Rick Provine" <provine@depauw.edu> sent this out:

> Lets look at the Fair Use argument. Just becauise the off-air
> guidelines exist, that doesn't mean you can't make a Fair Use case for
> an off-air recording. This one seems compelling to me.
>
> - It is not commercially available (at any price, much less a
> "reasonable" price)
> - The impact on the original work is nil
> - The purpose of the use is educational, and you are not making copies
> or otherwise distributing
>
> The fact that the content is not available any other way, and there is
> no other available means for the faculty member to utilize this content
> for his course makes this a defensible fair use argument. If this were
> a Disney title, who deliberately manipulates out-of-print periods to
> increase market value, it might be different. There is a used market
> and there are options to obtain legal copies.
>
> But where is the harm here relative to the educational value?
> Education is not in and of itself the criteria for fair use, but it is a
> factor and, in this case, feels right to me. I would allow it in this
> case.

I'm no expert, but you've made a compelling argument and on that basis I'd
allow as well.

Rick Faaberg

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