Re: Copyright clearence

Stephen O'Riordan (soriordan@ucsd.edu)
Mon, 18 Nov 1996 09:04:51 -0800

Stan,

Thanks for the info. I never thought of Fair Use. I just assumed
publication (of any sort) = copyright clearence. I will pass this along.
Again thanks for the tip.

Stephen

********************************************************************************

At 09:17 PM 11/15/96 -0800, you wrote:
>Stephen,
> I am not a lawyer, but here is what I think is the relevant part of
>the copyright law in this instance:
>******************
>Notwithstanding the provisions of sections 106 and 106A, the fair use
>of a copyrighted work, including such use by reproduction in copies or
>phonorecords or by any other means specified by that section, for
>purposes such as criticism, comment, news reporting, teaching
>(including multiple copies for classroom use), scholarship, or research,
>is not an infringement of copyright. In determining whether the use
>made of a work in any particular case is a fair use the factors to be
>considered shall include -
>
> (1) the purpose and character of the use, including whether
> such use is of a commercial nature or is for nonprofit
> educational purposes;
> (2) the nature of the copyrighted work;
> (3) the amount and substantiality of the portion used in
> relation to the copyrighted work as a whole; and
> (4) the effect of the use upon the potential market for or value
> of the copyrighted work. The fact that a work is unpublished
> shall not itself bar a finding of fair use if such finding is made
> upon consideration of all the above factors.
>******************************
>
>It would appear from comparing this part of the statute to what you
>described as the situation with your faculty member's use, that his use
>would most likely fall under "fair use" and not require any payment. He
>should probably check with his publisher and the university attorney to
>verify this interpretation. Please let us know what the final outcome is.
>
>Stan Diamond, Manager (814) 863-3100
>Audio Visual Services (814) 863-2574 (Fax)
>Special Services Bldg (800) 826-0132 Order line
>1127 Fox Hill Rd, sxd@psulias.psu.edu
>Univ. Park, PA 16803 HTTP://www.libraries.psu.edu/avs/
>
>
>
>

Stephen O'Riordan
Film/Video Library
Univ. Of Calif. San Diego
9500 Gilman Dr.
La Jolla, CA 92093-0504
Tel: 619/534-7981 Fax: 619/534-7180
soriordan@ucsd.edu
FVL home page - http://www.ucsd.edu/av/FVL/index.html