Judy- As someone who works in clip licensing, I'd have to respectfully disagree with your assessment of there being no market for old newscasts.
Many productions of all sorts, though perhaps most prominently, documentaries - including ones I have licensed to, as well as ones that I have helped with rights & clearances - do use this content. Those license fees often help to pay for people's jobs and the maintenance of archival collections. I am not familiar with UCLA's policies, but speaking to IA's TV News site, while they do list a copyright holder for clips, they also allow anyone to "borrow" a DVD recording of the content for as low as $25. IA does not represent any copyright to whomever "borrows" the DVD, but there is nothing in place to prevent someone from using the footage on that DVD in whatever manner they want, including in a production. Regarding factor 4 of Fair Use, if there was no market for old newscasts, then it wouldn't make sense to me why they would charge people to borrow the content on a DVD (I can't imagine it takes $25 to cover costs of making a DVD copy and sticking it in an envelope), I'd have less of an issue if the only way to access the content was free/open internet streaming access. Just my two cents. Matthew Fisher HBO Archives -----Original Message----- From: [email protected] [mailto:[email protected]] On Behalf Of Shoaf,Judith P Sent: Monday, March 11, 2013 12:30 PM To: [email protected] Subject: Re: [Videolib] UCLA has announced NewsScape an online archive of newscasts since 2005 from around the world . 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. --------------------------------------------------------------------- This e-mail is intended only for the use of the addressees. Any copying, forwarding, printing or other use of this e-mail by persons other than the addressees is not authorized. This e-mail may contain information that is privileged, confidential and exempt from disclosure. If you are not the intended recipient, please notify us immediately by return e-mail (including the original message in your reply) and then delete and discard all copies of the e-mail. Thank you. --------------------------------------------------------------------- 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.
