> > <<The fair use exemption clearly states that the amount used is one factor > out of four. Not the most important factor, not the only factor, not a > factor that trumps all other factors, not a factor that needs to be > determined in advance of proceeding farther with the other factors. One > equal factor out of four.>>
Terry and Michael, I don't necessarily disagree with you, but I would have to say that the four fair use guidelines are ambiguous over equality. These guidelines are not only guidelines for filmmakers and audio-visual users but are also used by judges (more often than you would think) to decide on copyright infringement cases. Each judge uses the guidelines but there's nothing in them that says they should be considered equal, nor that one should be considered above the others. It's really for each individual judge to decide and I would bet it's gone both ways equally over the years. In Jessica's favor, I would say that if an entire work is used -- a judge most likely would consider that as a factor as well as in regard to any commercial damage done. And if you go here<http://www.copyright.gov/fls/fl102.html> to the the LoC's interpretation of 107, you'll see that the examples given: <<The 1961 *Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law* cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.”>> are all careful to quantify the amount used. So that would be my interpretation of Fair Use in regard to entire works. AND to be fair to you and Michael, there are other laws (Teach -- in your favor -- as well as DMCA -- in rights holder's favor) to consider that are NOT Fair Use when we're discussing education and I'm not as well-versed in those as I should. (But ask me ANYTHING about Shirley Clarke, Lionel Rogosin and Mary Pickford at the moment.) And no, I'm not a lawyer, nor have I ever sued or been sued for copyright infringement. But my archival work has led me to many instances of having to discuss (hours on end) the ramifications of court decisions and adjustments to the laws with copyright lawyers. -- Best regards, Dennis Doros Milestone Film & Video/Milliarium Zero PO Box 128 Harrington Park, NJ 07640 Phone: 201-767-3117 Fax: 201-767-3035 email: milefi...@gmail.com www.milestonefilms.com www.comebackafrica.com www.yougottomove.com www.ontheboweryfilm.com www.arayafilm.com www.exilesfilm.com www.wordisoutmovie.com www.killerofsheep.com <http://www.killerofsheep.com> Join "Milestone Film" on Facebook and Twitter! and the Association of Moving Image Archivists <http://www.amianet.org>! Follow Milestone on Twitter! <http://twitter.com/#!/MilestoneFilms>
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.
