Andy I dont think the issue was association to the library but commercial Vs Non profit but I am not disagreeing with you in general. "fair use" absolutely applies to commercial as well as non profit but it is a bit more restricted however again other than the publicity rights celebrity exception I am hard pressed to think of any instance where 5 seconds of a 60 minute film would not be "fair use" . Actually I just thought of one more maybe if it was literally being used in a commercial but again in 99.9% of cases "fair use" would cover 5 seconds of a film for either academic or commercial use.
On Tue, Apr 5, 2016 at 10:35 AM, Andrew Horbal <ahor...@umd.edu> wrote: > Hi Monique, > > A person's relationship to a university or lack thereof does not have any > bearing on a fair use analysis. Fair use is a defense that is available to > everyone, everywhere, so I would definitely encourage your patron to > consider whether their use qualifies! > > On Tue, Apr 5, 2016 at 10:14 AM, Threatt, Monique Louise < > mthre...@indiana.edu> wrote: > >> Hello Collective, >> >> A slightly different question. >> >> I have a patron, who is not associated with the university, who would >> like to use 5 seconds of a 60 minute film for a commercial project. >> >> Can that patron still use Fair Use guidelines? >> >> Best, >> Monique >> >> >> -----Original Message----- >> From: videolib-boun...@lists.berkeley.edu [mailto: >> videolib-boun...@lists.berkeley.edu] On Behalf Of Sarah E. McCleskey >> Sent: Tuesday, April 05, 2016 9:42 AM >> To: videolib@lists.berkeley.edu >> Subject: Re: [Videolib] using short films for an online class >> >> Hi Maureen, >> >> If it were up to me, since she would be using them in their entirety, I >> would try to secure rights. Have you checked to see if any are already >> available on YouTube or other internet streaming video sites? Sometimes for >> short films that is an option. >> >> This is just my opinion, so list, please don't flame me here!! >> >> If you cannot locate the rightsholder after a really thorough search >> (WorldCat, ImdbPro, Variety, Facebook (for filmmaker), LinkedIn, google >> search (for director's name, producer's name, and/or distributor) ... if >> all those come up blank, you could consider whether it might be fair use to >> stream the content, accessible only to the members of the class for the >> duration of the class. >> >> Sarah McC. >> >> -----Original Message----- >> From: videolib-boun...@lists.berkeley.edu [mailto: >> videolib-boun...@lists.berkeley.edu] On Behalf Of Maureen Tripp >> Sent: Tuesday, April 05, 2016 9:25 AM >> To: videolib@lists.berkeley.edu >> Subject: [Videolib] using short films for an online class >> >> A faculty member will be teaching an online class on the short film, and >> wants to use (obviously) a bunch of short films as part of the class. >> Meaning she wants to post them online. >> We have many of the films as part of DVD collections we've purchased--for >> example, Academy Award Nomanated Short Films, or Best of Resfest. >> It's my understanding that these films are complete works, and therefore >> can't be used in their entirety online. >> But it's proving very difficult to find out who owns the rights to all >> these films--is there any possibility that I'm wrong, and that, as portions >> of a collection, a case could be made that using them online is like using >> parts of a complete work? >> help me, collective wisdom . . . >> Maureen >> >> 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. >> > > > > -- > Andy Horbal > > Head of Learning Commons > > 1101 McKeldin Library > > 7649 Library Ln. > > University of Maryland > > College Park, MD 20742 > > (301) 405-9227 > > ahor...@umd.edu > > 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.
