1201 only deals with the uses for which one may legally circumvent the CSS anti-piracy encryption. From there, you could either use fair use or TEACH. Neither of these will give you closure on the length of the clip you can use. TEACH is more restrictive around the purpose of the use, to some degree on the effect on the copyright holder (as things made specifically for online learning don't apply), and provides parameters for how the materials must be protected from unwarranted uses.
The Exceptions for Instructors eTool should help you with this. I just updated it to include information about the 1201 rules noted below: http://librarycopyright.net/etool/ Please let me know if you have any questions about the tool. mb Michael Brewer Team Leader for Instructional Services University of Arizona Libraries brew...@u.library.arizona.edu -----Original Message----- From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Pearson, Jeffrey Sent: Tuesday, May 03, 2011 8:33 AM To: videolib@lists.berkeley.edu Subject: [Videolib] streaming clips Hello video uber-mind. I've received a question about streaming clips and find that I'm unsure as to the answer. Perhaps this has already been beaten to death on this listserv, and I apologize if I'm being dense here. According to the U.S. copyright office (http://www.copyright.gov/1201/ : (1) Motion pictures on DVDs that are lawfully made and acquired and that are protected by the Content Scrambling System when circumvention is accomplished solely in order to accomplish the incorporation of short portions of motion pictures into new works for the purpose of criticism or comment, and where the person engaging in circumvention believes and has reasonable grounds for believing that circumvention is necessary to fulfill the purpose of the use in the following instances: (i) Educational uses by college and university professors and by college and university film and media studies students; (ii) Documentary filmmaking; (iii) Noncommercial videos. It has already been pointed out on this listserve that duration and portion of the whole issues for clips involve fair use decisions. The law above has more to do with the legality of inserting a clip in something like a powerpoint presentation for educational use. So, if an instructor wants to (or wants the library to) stream a clip on their course website, does fair use allow the stream? It seems to me that the fair use legality of streaming a clip has not been addressed. It's not clear in this brain, in any case. Thanks, Jeff Univ of Michigan media library 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.
