OK, I read the sections in the Registrar of Copyright's Recommendations (found
at the original link http://www.copyright.gov/1201/) that relate to this topic.
Pages 35-43 explain why they are purposely not including language about
infringing and noninfringing uses of the content in documentary and
noncommercial works.
I agree that this is a good step forward, but think the discrete issues need to
be stressed to avoid confusion by people first learning about the new rule.
Linda Tadic
Audiovisual Archive Network
lta...@archivenetwork.org
----- Original Message -----
From: Jessica Rosner
To: videolib@lists.berkeley.edu
Sent: Monday, July 26, 2010 2:16 PM
Subject: Re: [Videolib] New copyright rules re: DMCA exemptions
arefinallyannounced
Actually Gary I disagree. I think this rule reaffirms the terms of what "Fair
Use" is considering you have a least one major institution and more than a few
academics claiming it actually can cover an ENTIRE feature work. Here is the
wording in the new rule (or whatever we call it)
"in order to accomplish the incorporation of short portions of motion
pictures into new works for the purpose of criticism or comment"
Now I grant you "small portion" is still a bit vague but pretty clear it is
NOT an entire work.
On Mon, Jul 26, 2010 at 1:58 PM, <ghand...@library.berkeley.edu> wrote:
As you've commented, Linda, there are really TWO discreet issues at hand:
1. Breaking of circumvention for the purpose of extracting clips--covered
by the DMCA and now a lot more liberal than previously
2. Fair use--under which issues such as quantity, length, nature of use,
etc. fall.
The recent ruling concerns the former exclusively and has nothing to do
with the latter.
Gary
> 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.
>
> 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.
>
Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley
510-643-8566
ghand...@library.berkeley.edu
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.
