Re: Copyright issue: short video excerpts

Jim Scholtz (jscholtz@sdln.net)
Wed, 13 Aug 1997 15:25:48 -0600 (MDT)

You've got an excellent point here regarding Fair-use. I incorrectly used
the off-air taping guidelines as an example and the 40day/10 day
consecutive period does not apply in this case. I really think that, in
light of the way the Fair-use law is stated that multiple copies for
classroom use (even when put on controlled library reserve would be
perfectly legal - especially when/if such a compilation is not available
for purchase. JCS.

On Wed, 13 Aug 1997, Dan Donnelly wrote:

> Wayne,
>
> Your instructor may not need to find protection from copyright infringement in the guidelines. Rather, section 107 of the copyright act may indeed apply to such situations. Take a look at it. You'll notice that it says:
>
> "Notwithstanding the provisions of section 106 and 106A the fair use of a copyrighted work, including such use by reproduction in copies or phono records or by any other means specified in that section for purposes such as criticism, comment, news reporting, teaching (including mutliple copies for classroom use), scholarship, or research, is not an infringement of copyright."
>
> I would suggest that as long as access to the scene-study videotape is controlled at the library reserve desk, (you might consider restricting access to students registered in the class only, though I don't think it's necessary to do so) and use is restricted to in-building viewing, the copies can be construed as multiple copies for classroom use and the creation of the tape itself is protected by fair use.
>
> I know there will be argument over this but I believe it's worth thinking about.
>
>
> At 09:26 AM 8/13/97 -0700, you wrote:
> >A film instructor here would like to transfer short scenes from films onto
> >videotape and put it on reserve so students can do close analysis of those
> >particular scenes. She would like to have multiple copies of this scene-study
> >videotape on reserve. I know that the recent Multimedia Guidelines allows the
> >copying of limited footage for multimedia projects. Might the same guidelines
> >apply for reserve use in the library?
> >
> >Thanks in advance for your opinions and advice,
> >
> >- Jeffrey Pearson
> >Wayne State University Libraries, Detroit
> >
> >
> Dan Donnelly
> University of Minnesota Library
> Digital Media Center
> d-donn@tc.umn.ecu
> http://www.umn.edu/dmc/
>