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

Jessica Rosner (jrosner@kino.com)
Sun, 15 Oct 2006 22:03:13 -0400

I don't want to be rude but it is beyond silly
Eminent domain has to the best of my knowledge NEVER been used for anything
other than land appropriation and FYI after a recent Supreme Court decision
allowing is brood interpretation there has been a MASSIVE backlash against
it with a HUGE number of state legislatures, now making it virtually
useless in many states.

There is simply no legal mechanism for OVERIDING a FEDERAL LAW and this is
what is required. You are suggesting SUPERCEDING a Federal law and courts
take a very dim view of this
Moreover it is again ABSURD to think that ANY state legislature would even
consider it.

This is total and complete pie in the sky and not worth anyone's energy.

This is slightly off topic but I wonder if folks on this list realize that
American copyright law is MUCH broader and generous than laws in Canada.
Europe, Australia etc. There concepts like "public domain" "fair use" and
"face to face teaching exemption" are either non existent or MUCH more
restrictive and yet they manage to teach.

However if you want to lobby the ever forward thinking Illinois state
legislature to bypass the rights of major studios, musicians, playwrights
etc be my guest.

On 10/15/06 9:14 PM, "M. Claire Stewart" <claire-stewart@northwestern.edu>
wrote:

> 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.
>

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.