Re: [Videolib] An idea: reclaiming fair use statewide

M. Claire Stewart (claire-stewart@northwestern.edu)
Sun, 15 Oct 2006 20:14:22 -0500

It's not a proposed law. And it doesn't suggest that federal
copyright doesn't exist, or that a state could pass a law saying that
it doesn't. It's an idea about a broad exercise of the fair use
exemption in federal copyright law.

I think he gives a pretty compelling answer to the "why" -- read his
first few paragraphs about the erosion of fair use in education, and
the report on the same topic from Harvard's Berkman Center (cited in
his post). And read down to the bottom where he posts some possible
objections to/problems with his idea.

At 7:13 PM -0400 10/15/06, Jessica Rosner wrote:
>Exactly. A state could just as well set up a law declaring that it was
>exempt from all Federal Taxes.
>Forgetting the illegality of it , it would have ZERO chance of passing
>Can you imagine a state legislature passing a law allowing state
>institutions to violate copyright of every major studio etc.
>This is one of the sillier ideas I have heard.
>
>For the record why would anyone even suggest this ? So that theater
>departments get to do OKLAHOMA without paying, so that books can just be
>copied and or posted on school web sites? Do educational institutions
>really desire to violate and screw EVERY rights holder? While there are
>issues about how best to deal with copyrighted material in a digital age I
>can't imagine educational institutions would want to just violate the rights
>of every writer. filmmakers etc and use their material without compensation
>for any purpose they desired ESPECIALLY since most of these people publish
>their OWN works and expect to be paid for them.
>
>
>
>
>On 10/15/06 5:13 PM, "John Streepy" <John.Streepy@cwu.EDU> wrote:
>
>> Hi All
>> Just my thoughts, but due to the interstate nature of copyright, federal
>> law most likely would override state law in this case. A state would
>> not be able to set up anything that undermines copyright law, it would
>> be like a state saying that someones patent did not apply in their
>> state.
>> jhs
>>
>>
>>>>> claire-stewart@northwestern.edu 10/15/06 11:44 am >>>
>> This posting by Brett Frischmann (Loyola University Chicago) on
>> madisonian.net caught my attention. It's an idea he's in the very
>> early stages of exploring:
>>
>> "Suppose a State determines that all uses of copyrighted materials by
>> any state-owned educational institution serve a genuine and important
>> public purpose and thus should be permitted without a license. Could
>> the State implement statewide educational fair use? Could the State
>> implement a copyright safe harbor for state-owned educational
>> institutions?"
>>
> >
><http://madisonian.net/archives/2006/10/08/taking-back-educational-fair-use/>
>>
>>
>> [Crossposting]
>
>
>
>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.

-- 
____________________________________________________
M. Claire Stewart
Acting Head, Marjorie I. Mitchell Multimedia Center
Coordinator of Digitization Projects, Northwestern University Library
(847) 467-1437
claire-stewart@northwestern.edu
http://www.library.northwestern.edu/cstewart/
http://copyrightreadings.blogspot.com
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.