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

From: <ghandman@library.berkeley.edu>
Date: Wed Jul 29 2009 - 10:31:31 PDT

Brilliant, John

By the way, these discussions don't generally tend to denigrate or
downplay fair use--Jessica does.

Gary

> I agree with Michael, and so do a lot of other people/orgs. Fair
> Use's 3rd factor does not need to be satisfied in order for a use to
> be considered fair under the law. Music librarians have been
> providing access to complete works via streaming reserves for years:
> see MLA's Statement on the Digital Transmission of Electronic
> Reserves - http://bit.ly/ABppj - "Digital copies may be made of whole
> movements or whole works."
>
> For a more general statement see ARL's "Applying Fair Use in the
> Development of Electronic Reserves Systems" - http://bit.ly/37LrEr -
> "Because the amount that a faculty member assigns depends on many
> factors, such as relevance to the teaching objective and the overall
> amount of material assigned, librarians may also consider whether the
> amount, even the entire work, is appropriate to support the lesson or
> make the point. "
>
> On the publisher's side of the discussion, AAP, AAU, & AAUP conceded
> that displaying whole works within the context of teaching/research
> oriented campus settings may be fair use: see Campus Copyright Rights
> and Responsibilities - http://bit.ly/3i8Y8P - "The larger the portion
> of a work used, the less likely it is to be fair use, although in
> appropriate circumstances (e.g., research, classroom display or
> distribution, parody) use of an entire work ... may be a fair use."
>
> Finally, see Harvard's "Copyright and Fair Use: A Guide for the
> Harvard Community" - http://bit.ly/cJFDH - "Also important in
> applying the third factor is the nexus between the purpose of the
> fair use and the portion of the copyrighted work taken. The extent of
> permissible copying varies with the purpose and character of the use.
> Taking more of the copyrighted work than is necessary to accomplish
> the fair user’s salutary purpose will weigh against fair use. In some
> cases, the fact that the entire work—for example, an image—was needed
> to accomplish the fair use purpose has led the court to hold that the
> third factor was neutral, favoring neither the copyright holder nor
> the putative fair user."
>
> By dismissing Fair Use in favor of (for example) purchasing blanket
> PPR licenses for classroom streaming, librarians are further eroding
> section 107. I don't know why these Videolib discussions tend to
> dismiss Fair Use (unlike similar discussions on the Music Library
> Association list). Is it the presence of industry reps on the list?
> Is it the video librarian's commuinty early adoption of CONFU?
> Whatever the case, it's has a chilling and disorienting effect on our
> understanding of the issue.
>
> John
> _________
> John Vallier
> Head, Distributed Media Services
> University of Washington Libraries
> vallier@uw.edu | tel. 206-616-1210
>
>> On Tue, Jul 28, 2009 at 9:21 PM, Brewer, Michael <
>> brewerm@u.library.arizona.edu> wrote:
>>> 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
>
>
>
> 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

510-643-8566
ghandman@library.berkeley.edu
http://www.lib.berkeley.edu/MRC

"I have always preferred the reflection of life to life itself."
--Francois Truffaut

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 10:31:43 2009

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