Re: [Videolib] classroom use of "home and community viewing" dvd

From: Brewer, Michael <brewerm@u.library.arizona.edu>
Date: Tue Jul 28 2009 - 18:21:26 PDT

You are right. I misspoke about the word not being in the law. I regret having sent my last email without thinking it through and being more clear.

That said, I do still think that this wording does not mean that only less than the whole can be used. The court cases and practices I sited before make it pretty clear that it can. My reading, and I assume the reading of the judges in those cases, is that "portion used in relation to the whole" here is taken to mean "what percentage of the work is being used?"

I'd like to know more about how judges have written about this in their rulings. I'll snoop around a bit and see what I can come up with and share it with the list.

Thanks for keeping me honest!

mb
________________________________
From: videolib-bounces@lists.berkeley.edu [videolib-bounces@lists.berkeley.edu] On Behalf Of Dennis Doros [milefilms@gmail.com]
Sent: Tuesday, July 28, 2009 5:43 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] classroom use of "home and community viewing" dvd

On Tue, Jul 28, 2009 at 6:09 PM, Brewer, Michael <brewerm@u.library.arizona.edu<mailto:brewerm@u.library.arizona.edu>> wrote:
The law says nothing about it having to be a portion. There have been a number of fair use cases that have been upheld where an entire work was used. It could be a portion or more than a portion (an entire article, poem, image, whatever).

Copyright Law Section 107

    * The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
    * The nature of the copyrighted work
    * The amount and substantiality of the portion used in relation to the copyrighted work as a whole
    * The effect of the use upon the potential market for, or value of, the copyrighted work

--
Best,
Dennis Doros
Milestone Film & Video
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Received on Tue Jul 28 18:21:59 2009

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