. Are newscasts somehow less protected than other copyrighted works? Neither
the UCLA or Internet Archive site say anything about agreements with the news
networks.
Chris Lewis
***************
Yes, newscasts are less protected than other copyrighted works. Creative works
have more protection than statements of fact (or even purported statements of
fact). This is the second of the 4 factors for fair use.
the purpose and character of your use
the nature of the copyrighted work
the amount and substantiality of the portion taken, and
the effect of the use upon the potential market.
UCLA has factor 1 in its favor (educational), factor 2 somewhat in its favor,
factor 4 in its favor (there is, so far as I know, no market whatsoever for old
newscasts). I guess they felt that they could go for broke on the third factor.
Also, if this provides text searches it adds a new functionality
("transformative platform") to the originals, and the HathiTrust case (where a
judge approved of posting the results of searches of as much digital text as
the universities could manage, irrespective of factor 2) would support that.
Judy Shoaf
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.
