Good points -- I see another healthy debate on the horizon. Hold football for Lucy, hope for the best, rinse, repeat.
If I'm not mistaken it was the Kinko's case here in Ann Arbor, where some of these specific percentages were discussed. I think the prof. had copied 30-40% of a book, but the additional argument that had some substance centered not so much on the large percentage but that the "good parts" were primarily what was copied. "Good parts" > core > substantive argument, etc. Qualitative, not quantitative. At any rate, it seems to me that stating something as exact as 10% is an effort in futility -- doesn't that miss a lot of the point, even though it is one part of the fair use review? (disclosure: I have not read even 1% of the decision yet, so I shan't go opinionating beyond this little wondering!). Randal Baier ----- Original Message ----- From: ghand...@library.berkeley.edu To: videolib@lists.berkeley.edu Sent: Tuesday, May 15, 2012 2:31:49 PM Subject: Re: [Videolib] Permissible amounts in fair use yeah! Remember that the CCUMC/CONFU Fair Use Guidelines for Educational Multimedia years back attempted to quantify. ALA and other participants in the drafting process pretty much refused to sign on because of these attempts and I think it's a good stand to to stand by. Quantifying fair use is a nasty slippery slope, indeed! Gary Handman > Jessica > > This is patently NOT TRUE. US copyright law identifies amount as one of > the four factors in determining whether a use is fair use, but it has > NEVER specified that only the smallest possible amount is permissible. > > deg > > deg farrelly > ASU Libraries > Arizona State University > P.O. Box 871006 > Tempe, Arizona 85287-1006 > 480.965.1403 > > ---------- > > > Message: 2 > Date: Mon, 14 May 2012 22:03:11 -0400 > From: Jessica Rosner <maddux2...@gmail.com> > Subject: Re: [Videolib] Another code of best practices document... > > The Georgia State ruling merely reinforces what has always been true about > "fair use" that it is for using the smallest possible portion of a work to > create a new one. > 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.