Honestly I am not obsessed with 10% especially if the material is say under an hour, my problem is and has been the absurd claim that an entire work of any length could be digitized and streamed in its entirety
I should also confess that actually thought most of the material in the GSU case was actually a lot longer. On Tue, May 15, 2012 at 3:11 PM, Randal Baier <[email protected]> wrote: > Good points -- I see another healthy debate on the horizon. Hold football > for Lucy, hope for the best, rinse, repeat. > > If I'm not mistaken it was the Kinko's case here in Ann Arbor, where some > of these specific percentages were discussed. I think the prof. had copied > 30-40% of a book, but the additional argument that had some substance > centered not so much on the large percentage but that the "good parts" were > primarily what was copied. "Good parts" > core > substantive argument, etc. > Qualitative, not quantitative. At any rate, it seems to me that stating > something as exact as 10% is an effort in futility -- doesn't that miss a > lot of the point, even though it is one part of the fair use review? > (disclosure: I have not read even 1% of the decision yet, so I shan't go > opinionating beyond this little wondering!). > > Randal Baier > > ------------------------------ > *From: *[email protected] > *To: *[email protected] > *Sent: *Tuesday, May 15, 2012 2:31:49 PM > *Subject: *Re: [Videolib] Permissible amounts in fair use > > > 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. > >
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.
