I would hate for Michael Brewer or Gary to faint, but I would not even ask for rights. This is one of the few examples I can think of that could be covered by BOTH "fair use" and "face to face" . A bit odd in the sense that the "students" are faculty, but either way you slice it, this would be covered. I think you can make a case for the use on entire work on the "face to face" exemption.
On Thu, Nov 4, 2010 at 1:33 PM, Susan Albrecht <[email protected]> wrote: > Looks like we’re a chatty bunch today. Let me add, if I might, a > hypothetical for the collective wisdom that is videolib. > > > > Let’s say a campus’s multicultural concerns committee (or some such entity) > wishes to hold a faculty development session. Said session will be > closed, attended by 20 or so faculty members, with an outside guest speaker > who likes to utilize a short film in his sessions. Let’s say this > somewhat-more-than-just-a-clip short isn’t commercially available. In > fact, it’s been produced by a news agency… say, someplace like CNN. You, > as the media person, get tasked with determining whether this item can be > purchased, whether rights are needed for it to be used in the session and, > if so, whether rights can be arranged for an off-air recording if the item > cannot be purchased. > > > > You with me so far? > > > > Now let’s say you attempt, via email and phone, to contact the licensing > folks at said news agency, you receive an absolutely worthless email in > response which totally misses your point, and that in response to your phone > inquiry, you are instructed to fax a request form. You do fax this form… > and you wait… for a month. You fax it again and still receive no > response. > > > > So, anyone want to take on any part of this: > > The need for rights in a case like this? > > The appropriateness of using of an off-air if no copy is commercially > available? > > How the hell you get rights people to respond to requests? > > What a reasonable timeframe ought to be or, correspondingly, what > constitutes a good faith effort? > > How one encourages faculty to continue to try to do things the > right/proper/legal way when doing so leads nowhere? > > > > All hypothetically, of course. > > > > Susan at Wabash > > > > > > Susan Albrecht > > Library Acquisitions Manager > > Wabash College Lilly Library > > 765-361-6216 > > 765-361-6295 fax > > > > ******************************************************************* > > "If you choose not to decide, you still have made a choice." --Neil Peart > > ******************************************************************* > > > > 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.
