Re: [Videolib] TEACH/Fair Use???

From: Brewer, Michael <brewerm@u.library.arizona.edu>
Date: Thu Oct 08 2009 - 07:52:26 PDT

I'm not saying it has to be educational. Not at all. I'm not sure how my post could be understood in that way, but then again, you often understand my statements in ways I would never imagine. I was just stating the facts and saying I think that they support a fair use justification.

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 Jessica Rosner
Sent: Wednesday, October 07, 2009 8:37 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] TEACH/Fair Use???

I hate to ruin my reputation for being some kind of copyright Nazi but in fact Michael ( and Gary) you are being too restrictive. "Fair Use " does not require that it be for educational use or one time etc. The whole history of Fair Use to allow PORTIONS of otherwise copyrighted works to be used to create new works . Authors may for instance use short passages from other works in a new book and that work may indeed may be published and sold for profit etc. Now how much of another work you can use is subject of interpretation but not that it can be covered under Fair Use. Part of the problem is that we mainly discuss Fair Use here in the contact of films, classes, libraries etc but it is far broader concept. Too many of our dear academic friends tend to think, sounds fair to me so I am going to use it ( say taping a film of TCM and using it in class 10 years later etc) but Fair Use really is meant to facilitate the creation of new works including lectures like the one Sandra asked about.
On Wed, Oct 7, 2009 at 8:11 PM, Brewer, Michael <brewerm@u.library.arizona.edu<mailto:brewerm@u.library.arizona.edu>> wrote:
I think this is clearly fair. One time use, educational/transformative purpose, limited amounts, etc.
mb

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

-----Original Message-----
From: videolib-bounces@lists.berkeley.edu<mailto:videolib-bounces@lists.berkeley.edu> [mailto:videolib-bounces@lists.berkeley.edu<mailto:videolib-bounces@lists.berkeley.edu>] On Behalf Of ghandman@library.berkeley.edu<mailto:ghandman@library.berkeley.edu>
Sent: Wednesday, October 07, 2009 4:02 PM
To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu>
Subject: Re: [Videolib] TEACH/Fair Use???

Well...not categorically.

If you bounce Sandra's use against the tests of fair use, I think there
could be hitches, particularly if you consider potential market impact of
showing clips to a audience in an extra-curricular setting.

Nonetheless, if it were me, I'd go for it and worry about it down the
road, if need be.

Gary

> Wouldn't this be the very definition of a fair use, using snippets of film
> to back up points in a lecture.
> jhs
>
>
> John H. Streepy
> Media Services Supervisor
> Library-Media Circulation
> James E. Brooks Library
> Central Washington University
> 400 East University Way
> Ellensburg, WA 98926-7548
>
> (509) 963-2861
> http://www.lib.cwu.edu/media
>
> "Hand to hand combat just goes with the territory.
> All part of being a librarian" -- James Turner "Rex Libris"
>
> Transitus profusum est nocens!
>
>
>
>
>>>> "Jackson, Sandra F." <Jacksonsf@uncw.edu<mailto:Jacksonsf@uncw.edu>> 10/7/2009 2:33 PM >>>
> I know we've discussed TEACH and Fair Use round and round, but I need
> other opinions on this quickly:
>
> If a non-university speaker is invited to campus for a one-time eduational
> lecture for students and the speaker plans to use brief snippets of films
> or other possibly copyrighted works as part of the lecture, does that
> speaker need to secure PPR for those snippets? In other words, this
> would NOT be for a regularly scheduled class, but it would be for a very
> specific group of people and not advertised to the public.
>
> Thanks,
> Sandra
>
>
> Sandra F. Jackson
> Film Program Coordinator
> Lumina Theater & Sharky's Box Office
> UNCW Presents
> The University of North Carolina Wilmington
> 910.962.7971
> jacksonsf@uncw.edu<mailto:jacksonsf@uncw.edu>
> http://www.uncw.edu/lumina
>
>
> 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

510-643-8566
ghandman@library.berkeley.edu<mailto: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.

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.
Received on Thu Oct 8 07:53:11 2009

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