I still think it is fair use, although on somewhat less firm ground than if you had been in a non-profit. (Points 3 and 4 of Section 107 are in your favor, I think). If you ask the studio for permission, they will most certainly say "no"...and my guess is that buying those permissions for segments is going to be very difficult.
Gary Handman > Seems the consensus on here is that this is fair use: > > I work for a for-profit college so classroom exceptions do not apply. I > have a professor who wants to screen the feature "Thank You for Smoking" > in > a classroom setting however he will not be screening the entire film. He > will be choosing 5-6 snippets of the film (5 minutes long). Do I need to > secure viewing rights for this? > > I've just been instructed by my Director that there are no exceptions for > for-profit institutions and that I will need to get PPR for the film. > What > she wrote: > > Section 107 contains a list of the various purposes for which the > reproduction of a particular work may be considered fair, such as > criticism, comment, news reporting, teaching, scholarship, and research. > Section 107 also sets out four factors to be considered in determining > whether or not a particular use is fair: > 1. The purpose and character of the use, including whether such > use is of 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 > 4. The effect of the use upon the potential market for, or value > of, the copyrighted work > > Still think it's fair use? > > > James Leftwich > Berkeley College > Director, Westchester Campus Library > 99 Church Street > White Plains, NY 10601 > 914-694-1122 x3370 > [email protected] > > > 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. > Gary Handman Director Media Resources Center Moffitt Library UC Berkeley 510-643-8566 [email protected] http://www.lib.berkeley.edu/MRC "I have always preferred the reflection of life to life itself." --Francois Truffaut 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.
