Silly me.

Judy

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner
Sent: Tuesday, May 15, 2012 3:08 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Permissible amounts in fair use

Sheesh Judith OF COURSE THERE IS NOTHING ON media but guess what Copyright law 
is Copyright law and fair use is fair use . As for the Face to Face  do ot get 
that at all. Please explain how a low which in EXPLICIT detail says the use 
MUST be in a PHYSICAL classroom with an instructor present can be use to 
justify streaming films to a computer wherever it is. This law is not vague or 
open to interpretation, it says what it says. You can try to change it but you 
can't ignore it because it does not fit your uses. So basically you think the 
ruling is great on issues you  like but it does not count when it conflicts 
with that?
On Tue, May 15, 2012 at 3:01 PM, Shoaf,Judith P 
<jsh...@ufl.edu<mailto:jsh...@ufl.edu>> wrote:
It's worth noting that Judge Evans actually emphasized that it is legitimate to 
excerpt an entire chapter (even a chapter written by a different author from 
the rest of the book) in order to provide students with a context for the 
material to be discussed. That is, she justified including MORE THAN the 
smallest possible portion.  She also stressed that transformative use of 
academic materials (i.e. the kind of factual reports involved in the case) is 
not only not necessary but is precluded by the nature of the materials and the 
way they are to be used.

There is nothing in the decision, in fact, about video materials, nothing about 
transformative uses, and nothing about the Section 110 face-to-face + TEACH 
question. It's all about library e-reserves based on nonfiction books, though 
obviously Judge Evans's reading of Fair Use is relevant to educational use of 
media.

Judy Shoaf

-----Original Message-----


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 farrelly

----------
From: Jessica Rosner

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.

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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