The new rules allow circumvention for the "incorporation of short portions of 
motion pictures into new works for the purpose of criticism or comment" in 
three instances: 

  (i) Educational uses by college and university professors and by college and 
university film and media studies students; [I assume this means a professor in 
any discipline, but if a student does it they must be in film/media studies 
programs, not history, languages, etc.]

    (ii) Documentary filmmaking;
    (iii) Noncommercial videos

I interpret these last two exclusions to mean the DVDs can be circumvented in 
order to obtain the excerpts for "criticism or comment," but doesn't say this 
is part of Fair Use. In other words, the method of obtaining the clip is now OK 
(circumvention), but it doesn't say that the content doesn't need to be 
licensed. What do others think?

Linda Tadic
Audiovisual Archive Network
lta...@archivenetwork.org


----- Original Message ----- 
  From: Jessica Rosner 
  To: videolib@lists.berkeley.edu 
  Sent: Monday, July 26, 2010 12:46 PM
  Subject: Re: [Videolib] New copyright rules re: DMCA exemptions are 
finallyannounced - and they are now exempt educational uses by all university 
professors and students


  Very sensible. It allows you circumvent the DMCA in order to use a small 
portion of a work for a class etc. I especially appreciate that it really 
spells out this is a small portion and for a "transformative" purpose.


  Jessica



  On Mon, Jul 26, 2010 at 12:35 PM, Chris Lewis <cle...@american.edu> wrote:

    http://www.copyright.gov/1201/

    --
    Chris Lewis
    Media Librarian
    American University Library
    202.885.3257

    Please think twice before printing this e-mail.

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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.

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