Michael, I have no problem and never did with "reasonable and limited portions", but let's not pretend that is what we are arguing over.
On Mon, Feb 6, 2012 at 4:19 PM, Brewer, Michael <brew...@u.library.arizona.edu> wrote: > Just some clarification. TEACH exempts films "produced specifically for use > in mediated online instructional activities," not just anything made > exclusively for instruction. Also, fiction films do fall under TEACH act > parameters, but only in "reasonable and limited" portions. > > 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 Jessica Rosner > Sent: Monday, February 06, 2012 1:51 PM > To: videolib@lists.berkeley.edu > Subject: Re: [Videolib] ACRL Best Practices > > I am afraid the focus on feature films is my fault Bob. I will be honest, I > focus on features because to me it makes it even clearer that the people > pushing the "best practices" and other similar views on "fair use" (and that > there is no limit to amount you can use) often want to justify streaming of > entire films without any regard to rights and use. The term "educational " > film really does not have any legal meaning however in the case of the TEACH > ACT ( which I believe is the only area where this applies) films made > exclusively for instruction are an exempt class but then so are all fiction > films. In terms of the financial damage one could argue that the streaming a > more costly "educational" film might be more damaging than a standard feature > film, but I rather doubt it. The core issue remains the claim that in essence > "fair use" is whatever the institution decides it is and that any use they > accept is "tranformative" . > > On Mon, Feb 6, 2012 at 3:28 PM, Bob Norris <b...@filmideas.com> wrote: >> This may seem like a naive question, but is all the focus on >> theatrical because it is assumed that a program from an educational >> distributor would not qualify under fair use because of the adverse >> affect upon the potential market for or value of the copyrighted work? >> And if this is true, would that extend to segments of a program if the >> distributors sells digital segments of the program? >> >> I think Film Ideas would be willing to agree its license agreements >> shall not supersede the rights already granted to users under copyright law. >> Although, if we cannot agree on what the law states, I'm not sure how >> much weight that statement carries. >> >> Bob Norris >> Managing Director >> Film Ideas, Inc. >> Phone: (847) 419-0255 >> Email: b...@filmideas.com >> >> On Feb 6, 2012, at 1:16 PM, videolib-requ...@lists.berkeley.edu wrote: >> >> >> From: "Simpkins, Terry W." <tsimp...@middlebury.edu> >> Date: February 6, 2012 12:41:16 PM CST >> To: "videolib@lists.berkeley.edu" <videolib@lists.berkeley.edu> >> Subject: Re: [Videolib] ACRL Best Practices >> Reply-To: videolib@lists.berkeley.edu >> >> >> Hello everyone, >> Jessica Rosner asks "If you ... are sincere that you are not the enemy >> of content owners, how bout a simple and CLEAR statement that "fair >> use' does NOT cover the use of feature material being assigned to classes." >> >> I am not one of the authors of the guidelines, but I can imagine that >> one reason they might be uncomfortable with such a statement is >> because, well, it has no basis in the law. We all know the drill by >> heart, don't we? Each fair use decision includes a judgment about the >> nature of the use (perhaps "assigned to class," in a non-profit >> setting), the nature of the work (perhaps "feature material"), the >> amount being used (perhaps the whole film, perhaps not), and the >> effect on the market (perhaps a large negative effect, perhaps it will >> stimulate interest and sales). The law deliberately requires us to >> reflect on each of these aspects. It is not a mere check-list that >> makes simplistic assertions about whether using one highly-generalized >> type of material ("feature films") in another highly generalized >> setting ("classes") is, or is not, fair use. Why on earth would >> librarians and educators (or any sane individual, for that matter) >> voluntarily limit rights granted to us by law? If the law was >> intended to exempt "feature materials" from the fair use provisions in >> this manner, I am confident it would have been written to say that. >> Perhaps content owners might make a similarly "simple and clear >> statement" saying that license agreements shall not under any >> circumstances supersede the rights already granted to users under the fair >> use, or any other, provision of the copyright law, just to "prove" they are >> not the "enemy" of education. >> >> The law as written does not protect those librarians, students, >> faculty, or administrators who seek to use fair use as a shield to >> avoid buying sufficient licensed or legally acquired copies. I'm sure >> there are folks out there, possibly even on this list, who do that. >> There are unethical practitioners in every field - yes, including >> librarians, educators, and even media distributors - but the law >> already prohibits, for example, showing a film in a public setting >> without permission just because someone wants to save on licensing fees. >> >> Oh, and my understanding about books is that, when it comes to fair >> use, the same factors apply. As far as I know, there is no blanket >> legal prohibition on libraries scanning an entire book and posting it >> online. Using the entire work, whether in the case of a film or a >> book, certainly and appropriately makes satisfying the fair use test that >> much more difficult. >> But it does not automatically render it impossible, however much Ms. >> Rosner or anyone else would like it to be so. >> >> Terry >> >> Terry Simpkins >> Director, Research and Collection Services Library & Information >> Services Middlebury College, Middlebury, VT 05753 >> (802) 443-5045 >> >> >> 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) > jessicapros...@gmail.com > > 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. -- Jessica Rosner Media Consultant 224-545-3897 (cell) 212-627-1785 (land line) jessicapros...@gmail.com 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.
