Re: [Videolib] Question regarding fair use?

Gary Handman (ghandman@library.berkeley.edu)
Wed, 16 May 2007 09:18:18 -0700

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Hmmmm

There's absolutely nothing anywhere in the law or the ancillary guidelines
related to multimedia that
even vaguely mention involvement of third parties in the process. The
focus of the law and it's fuzzy attending apparatus is on use, NOT production.

I routinely help faculty take clips for powerpoint presentations, &c. The
issue really has to do with the extent and nature of use and the period of
retention of these derivatives.

Gary Handman

>I don't know if the copyright rules have changed (or if I read them wrong
>in the first place) but as long as that teacher (or a student) does not
>take the material to a third party (such as an editing house or
>duplication business) and uses only short clips, they're fine.
>
>As the person on a University campus who people have come to over the
>years with projects like this I've had to be up on fair use and make
>certain they understand that they're allowed to do that sort of project
>themselves but I can't use our editing equipment or materials to help them
>with it as my department counts as a third party involvement which is
>prohibited under fair use as I read it.
>
>With PC editing these days being so easy more and more teachers and
>students can actually do these projects themselves and no longer need to
>go to third parties. Just make certain the person is not using you or your
>facility for the editing/altering/copying (if you happen to do that) and
>you should be fine.
>
>Just wanted to cover that base in case the person was asking you to
>actually do the editing for the project for them rather than just asking
>copyright advice. Everybody feel free to correct me if I'm wrong on all
>that but I had to study up on fair use many years ago because we happen to
>have the campus editing facility here in our video library...and I'm the
>only one who remembers how to use it all :p
>
>Chris
>
> > Keep em' few and keep em' short and all's fair (in my non-expert opinion)
> >
> > Gary
> >
> >
> > At 12:34 PM 5/15/2007, you wrote:
> >>This is fine and exactly what fair use is supposed to be for.
> >>( don't faint Michael and Gary I do actually believe in REAL Fair Use)
> >>
> >>
> >>On 5/15/07 1:08 PM, "Karen Fischer"
> >> <Karen_Fischer@freenet.richland.oh.us>
> >>wrote:
> >>
> >> > *This message was sent using a trial version of CommuniGate(tm) SMTP*
> >> > *This message was sent using a trial version of CommuniGate(tm) FC
> >> Gateway*
> >> > Good afternoon,
> >> > Our YA Librarian wants to do a program on comedy through the years
> >> and wants
> >> > to use snippets/scenes of TV shows and movies to illustrate.
> >> > I would like opinions, please.
> >> > Would this be considered fair use under the law/guidelines rather
> >> than
> >> > needing public performance as she is not showing entire programs or
> >> films but
> >> > wants to use a couple of minutes each from various films or programs?
> >> > Thanks,
> >> > Karen Fischer
> >> > AudioVisual Librarian
> >> > Mansfield/Richland County Public Library
> >> > Mansfield, OH
> >> >
> >> > 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
> >
> > "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.
> >
>
>
>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

"In societies where modern conditions of production prevail, all of life
presents itself as an immense accumulation of spectacles."

--Guy Debord

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Hmmmm

There's absolutely nothing anywhere in the law or the ancillary guidelines related to multimedia that
even vaguely mention involvement of third parties in the process.  The focus of the law and it's fuzzy attending apparatus is on use, NOT production.

I routinely help faculty take clips for powerpoint presentations, &c.  The issue really has to do with the extent and nature of use and the period of retention of these derivatives.

Gary Handman



I don't know if the copyright rules have changed (or if I read them wrong
in the first place) but as long as that teacher (or a student) does not
take the material to a third party (such as an editing house or
duplication business) and uses only short clips, they're fine.

As the person on a University campus who people have come to over the
years with projects like this I've had to be up on fair use and make
certain they understand that they're allowed to do that sort of project
themselves but I can't use our editing equipment or materials to help them
with it as my department counts as a third party involvement which is
prohibited under fair use as I read it.

With PC editing these days being so easy more and more teachers and
students can actually do these projects themselves and no longer need to
go to third parties. Just make certain the person is not using you or your
facility for the editing/altering/copying (if you happen to do that) and
you should be fine.

Just wanted to cover that base in case the person was asking you to
actually do the editing for the project for them rather than just asking
copyright advice.  Everybody feel free to correct me if I'm wrong on all
that but I had to study up on fair use many years ago because we happen to
have the campus editing facility here in our video library...and I'm the
only one who remembers how to use it all :p

Chris

> Keep em' few and keep em' short and all's fair (in my non-expert opinion)
>
> Gary
>
>
> At 12:34 PM 5/15/2007, you wrote:
>>This is fine and exactly what fair use is supposed to be for.
>>( don't faint Michael and Gary I do actually believe in REAL Fair Use)
>>
>>
>>On 5/15/07 1:08 PM, "Karen Fischer"
>> <Karen_Fischer@freenet.richland.oh.us>
>>wrote:
>>
>> > *This message was sent using a trial version of CommuniGate(tm) SMTP*
>> > *This message was sent using a trial version of CommuniGate(tm) FC
>> Gateway*
>> > Good afternoon,
>> >   Our YA Librarian wants to do a program on comedy through the years
>> and wants
>> > to use snippets/scenes of TV shows and movies to illustrate.
>> >   I would like opinions, please.
>> >   Would this be considered fair use under the law/guidelines rather
>> than
>> > needing public performance as she is not showing entire programs or
>> films but
>> > wants to use a couple of minutes each from various films or programs?
>> > Thanks,
>> > Karen Fischer
>> > AudioVisual Librarian
>> > Mansfield/Richland County Public Library
>> > Mansfield, OH
>> >
>> > 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
>
> "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.
>


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

"In societies where modern conditions of production prevail, all of life presents itself as an immense accumulation of spectacles."

--Guy Debord

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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.