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

From: Brewer, Michael <brewerm@u.library.arizona.edu>
Date: Wed Jul 29 2009 - 08:12:16 PDT

Dennis,

 I do think rights holders having more information on what is really used/needed by various communities would help to spur them to create new products or business models that could serve both groups. In the case of educational institutions using fair use, or even 110 or 108, this information usually does not get to them, so they can't make an informed decision about whether or not to rerelease something, to develop a streaming model, or rates for licensing, etc.

mb

Michael Brewer
Team Leader for Undergraduate Services
University of Arizona Library
brewerm@u.library.arizona.edu<mailto:brewerm@u.library.arizona.edu>

From: videolib-bounces@lists.berkeley.edu [mailto:videolib-bounces@lists.berkeley.edu] On Behalf Of Dennis Doros
Sent: Tuesday, July 28, 2009 7:48 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] classroom use of "home and community viewing" dvd

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<mailto: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<mailto:videolib-bounces@lists.berkeley.edu> [videolib-bounces@lists.berkeley.edu<mailto:videolib-bounces@lists.berkeley.edu>] On Behalf Of Dennis Doros [milefilms@gmail.com<mailto:milefilms@gmail.com>]
Sent: Tuesday, July 28, 2009 5:43 PM
To: videolib@lists.berkeley.edu<mailto: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><mailto: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><mailto:milefilms@gmail.com<mailto:milefilms@gmail.com>>
www.milestonefilms.com<http://www.milestonefilms.com><http://www.milestonefilms.com>
www.arayafilm.com<http://www.arayafilm.com><http://www.arayafilm.com>
www.exilesfilm.com<http://www.exilesfilm.com><http://www.exilesfilm.com>
www.killerofsheep.com<http://www.killerofsheep.com><http://www.killerofsheep.com>
AMIA St. Louis 2009: www.amianet.org<http://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<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.
Received on Wed Jul 29 08:12:35 2009

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