Um...that was my point. Jay's original question was partially about
whether having a student teacher show a program off-campus would "remove
it from the fair-use exemption." I suggested that it was a "public
performance" question not a "fair use" question, which, I agree with you,
is a different issue entirely.
3672 NE Liverpool Dr.
Bremerton, WA 98311
On Thu, 7 Nov 1996, Stan Diamond wrote:
> I am not an attorney, but from my reading of the law, this situation
> has nothing to do with fair use. It is covered by section 110 - face to
> face teaching exemption. this sections states that any legally aquired
> material may be used (in its entirety) in a face to face teaching situation
> in a regular course of instruction, and in a place regularly devoted to
> teaching... without regard to copyright restrictions.
> >My take is that this situation falls under the face-to-face teaching
> >exemption, and would be an acceptable public performance. Although there
> >seems to be a lot of confusion over "fair use" (all the way up to ALA's
> >attorneys), fair use has more to do with showing a "portion" of a
> >copyrighted work than in performing the entire work--which falls under
> >public performance. Here, the expertise of the late Ivan Bender, who knew
> >this subject far better than I, is sorely missed.
> >Randy Pitman
> >Video Librarian
> >3672 NE Liverpool Dr.
> >Bremerton WA 98311
> >(800) 692-2270
> >On Wed, 6 Nov 1996, JROZGONYI wrote:
> >> Here's a question I'd love to throw out and have some folks
> >> chew over -- if that's even necessary.
> >> If we accept that Home Video versions of tapes are acceptable
> >> for use in classroom settings (as we do here at Ithaca College),
> >> is there a problem in allowing a student who is doing his or her
> >> student teaching assignment at a local elementary school to take
> >> a home video with them and use it as part of the instruction?
> >> In other words, is the elementary classroom an extension of the
> >> college classroom, or does taking the tape off-campus automatically
> >> remove it from the fair-use exemption?
> >> Any thoughts? Experiences?
> >> Jay Rozgonyi
> >> Multi-Media Services Librarian
> >> Ithaca College
> >> Ithaca, NY
> >> JROZGONYI@LIBER.ITHACA.EDU
> Stan Diamond, Manager (814) 863-3100
> Audio Visual Services (814) 863-2572 (Fax)
> 1127 Fox Hill Rd, firstname.lastname@example.org
> Univ. Park, PA 16803 HTTP://www.libraries.psu.edu/avs/