Deg, As you know I have always commented on the use of an entire feature film though I would actually make that any piece of media beyond a few minutes. You want to compare a single art image to two hour film for "fair use" ?There have been numerous copyright rulings over many, many years which have backed this up going all the way back 30 years to a New York State school district which got bitch slapped for recording and using numerous "educational" TV programs in its schools indefinitely claiming "fair use". I am honestly not sure why the judge picked 10% as a bright line in the GSU case but again it is simply absurd given the entire history of "fair use" in copyright law to claim it would cover an entire work of any length anymore than there is somehow a separate definition of "fair use" for print Vs visual works.
I do find it mind boggling that you honestly believe it is legal and somehow "fair use" to digitize and stream an entire work without clearance from the author/filmmaker/rights holder. I wonder how you would feel in the Univ decided to just eliminate the library and the librarians because after all one could just put everything the students ask for on line under "fair use" and would save tons of money that they might otherwise have to spend actually buying those pesky books and films and the people to curate or manage them. On Fri, Jul 13, 2012 at 1:13 AM, Deg Farrelly <deg.farre...@asu.edu> wrote: > Once again, Jessica, you overstate your case. > > There is nothing established whatsoever in the law that an entire work > cannot be used. > > Amount used is ONE of the fair use factors, and the courts HAVE ruled that > 100% use is fair use in some cases. This is specifically true with cases > involving art images. > > -deg > > deg farrelly > ASU Libraries > Arizona State University > P.O. Box 871006 > Tempe, Arizona 85287-1006 > 480.965.1403 > ________________________________________ > > <snip> > > To be honest I can't get overly excited because the fact that you can > not use an entire work of any length has been long established in copyright > law but I thought this case would make that pretty obvious. > > <snip> > 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.
