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

From: Dennis Doros <milefilms@gmail.com>
Date: Tue Jul 28 2009 - 19:47:31 PDT

Michael,Thanks for taking the correction so kindly. We disagree, but to be
honest, what I'd really love is that there's a national fund, just like
Australia has, that would let colleges do whatever the hell they want on
campuses and students would have access to everything. Then colleges would
be delighted to report usage since it would be no extra cost. And then
filmmakers and rights holders would see decent-sized checks on a regular
basis rather than have to invoice one film at a time.

Come to think of it, this is what we should all be fighting for in
congress rather
than trying to change copyright piecemeal. We even have a political
administration that is tech savvy.

D

On Tue, Jul 28, 2009 at 9:21 PM, Brewer, Michael <
brewerm@u.library.arizona.edu> wrote:

> 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
> PO Box 128
> Harrington Park, NJ 07640
> Phone: 201-767-3117
> Fax: 201-767-3035
> email: milefilms@gmail.com<mailto:milefilms@gmail.com>
> www.milestonefilms.com<http://www.milestonefilms.com>
> www.arayafilm.com<http://www.arayafilm.com>
> www.exilesfilm.com<http://www.exilesfilm.com>
> www.killerofsheep.com<http://www.killerofsheep.com>
> AMIA St. Louis 2009: www.amianet.org<http://www.amianet.org>
>
> 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.
>

-- 
Best,
Dennis Doros
Milestone Film & Video
PO Box 128
Harrington Park, NJ 07640
Phone: 201-767-3117
Fax: 201-767-3035
email: milefilms@gmail.com
www.milestonefilms.com
www.arayafilm.com
www.exilesfilm.com
www.killerofsheep.com
AMIA St. Louis 2009: www.amianet.org

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.
Received on Tue Jul 28 19:48:14 2009

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