Actually there is a long tradition of "fair use" in commercial and for profit uses. You can for instance quote parts of copyrighted books, poems etc, in other works. The whole concept of "fair use" was to allow portions of copyrighted works to be used to create new works and it is by no means limited to being non for profit. My view is that the only way this is NOT "fair use" is if you can make a legitimate argument that the portions being used represent to large a chunk of the original work and/or that you are making a profit specifically from using the other work in a way that damages its value. If the use of clips in a class of for profit school were not "fair use" than pretty much any quotation, paragraph, used either in the class or in any work circulated in a course pack would also violate "fair use". ( I don't mean whole articles in course packs which do have to be cleared I mean anything that just quotes from another work).
In general I think the director may be confusing the face to face exemption which of course allows non profits to use an entire film in a class with "fair use" because per above if you literally had to clear quote & clip used say a lecture, article etc you might go nuts. On Fri, Jan 6, 2012 at 11:33 AM, <[email protected]> wrote: > 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. > -- Jessica Rosner Media Consultant 224-545-3897 (cell) 212-627-1785 (land line) [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.
