Re: fair use question

Gary Handman (ghandman@library.berkeley.edu)
Thu, 7 Oct 1999 09:32:24 -0700 (PDT)

If you want to read the law in it's most literal and absolute sense, yeah,
it's so...

The following five conditions must be met to exempt the performance of a
video under fair use:
1.
The "work" is shown in the classroom or other similar place devoted to
instruction. (This
excludes the auditorium and the media center, unless it is for
"classroom instruction")
2.
The "work" is shown by the teacher or a student (or guest lecturer)
3.
The "work" is shown as part of a regular instructional activity and the
teacher is present with
the students "Face-to-Face" (this excludes reward and entertainment
activities)
4.
The "work" must be a lawfully obtained copy
5.
The "work" is shown in a non-profit public institution

At 08:47 AM 10/07/1999 -0700, you wrote:
>> Once you invite the world (even if the world is only as large as campus),
>> you've blown your face-to-face teaching exemption...and adios fair use.
>
>Whoa! Say it ain't so!
>I invited faculty, staff and students to a screening of the new DVD
>of the Tin Drum to kick off Banned Books/Films week. Before the
>screening, a law prof discussed the Oklahoma case and a German prof
>discussed the artistic merit of the film. It took place in a
>classroom on campus. This didn't fall under fair use?
>(Jessica, would you like to handcuff me now or later?)
>
>-margaret
>~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
>M.A.Dew
>SMU Center for Media and IT
>103-C Fondren Library West
>Dallas, TX 75275
><mdew@mail.smu.edu>
>www.smu.edu/cul/ncmit
>
>"Life is a dream that keeps me from sleeping."
>- O.Wilde
>
>
Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley 94720-6000
http://www.lib.berkeley.edu/MRC

"Everything wants to become television" (James Ulmer -- Teletheory)