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.

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