Well we now have a 10% ruling from a Federal Court but since the material in question was non fiction it would almost surely be less for works of fiction. There is about 100 years of case law which gives fiction work significantly more protection (and non fiction less).
HOWEVER there is also significant case law that amount used should be the MINIMUM needed to achieve the purpose and that is what I was stating. Sadly too many people and groups have simply ignored actual copyright cases so I am not too hopeful they will accept the GSU ruling. I have yet to hear from a single proponent of the "you can use the whole work if it is REALLY needed" theory, respond to this ruling (Deg?). I expect this might well be appealed by the publishers on a number of grounds but like I have said I am just fine with a 10% rule. One side issue I just want to mention because it drives ME NUTS. The GATT treaty which "retroactively" ( yes but that is because the rights holders basically never had a chance to copyright their material) copyrighted tens of thousands of films was attacked by virtually the same people now claiming you can digitize and stream an entire work. We were told it horrible, it would be then end of Public Domain and The Supreme Court would strike it down. Instead it led to huge number of foreign films for the first time being available in high quality copies and the Supreme Court completely upheld it. However unlike the institutions I know are illegally streaming whole films in the 10 years the GATT case wound it's way through the courts it was enforced. On Tue, May 15, 2012 at 2:31 PM, <[email protected]> wrote: > yeah! Remember that the CCUMC/CONFU Fair Use Guidelines for Educational > Multimedia years back attempted to quantify. ALA and other participants > in the drafting process pretty much refused to sign on because of these > attempts and I think it's a good stand to to stand by. Quantifying fair > use is a nasty slippery slope, indeed! > > Gary Handman > > > > Jessica > > > > This is patently NOT TRUE. US copyright law identifies amount as one of > > the four factors in determining whether a use is fair use, but it has > > NEVER specified that only the smallest possible amount is permissible. > > > > deg > > > > deg farrelly > > ASU Libraries > > Arizona State University > > P.O. Box 871006 > > Tempe, Arizona 85287-1006 > > 480.965.1403 > > > > ---------- > > > > > > Message: 2 > > Date: Mon, 14 May 2012 22:03:11 -0400 > > From: Jessica Rosner <[email protected]> > > Subject: Re: [Videolib] Another code of best practices document... > > > > The Georgia State ruling merely reinforces what has always been true > about > > "fair use" that it is for using the smallest possible portion of a work > to > > create a new one. > > 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. >
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.
