They could be interpreting that the newscast is the whole unit, and each segment in the newscast is in essence a chapter. I have not seen how they are offering this but if you look at it this way, and perform a search, you would not get the whole newsbroadcast but a portion and thus have section 3 also somewhat in their favor. just my inflation adjuested $0.02 on the matter. regards jhs
John H. Streepy Library-Government Publications James E. Brooks Library Central Washington University 400 East University Way Ellensburg, WA 98926-7548 (509) 963-2861 http://www.lib.cwu.edu/Documents "Hand to hand combat just goes with the territory. All part of being a librarian" -- James Turner "Rex Libris" Transitus profusum est nocens! >>> "Shoaf,Judith P" <jsh...@ufl.edu> 3/11/2013 9:29 AM >>> . Are newscasts somehow less protected than other copyrighted works? Neither the UCLA or Internet Archive site say anything about agreements with the news networks. Chris Lewis *************** Yes, newscasts are less protected than other copyrighted works. Creative works have more protection than statements of fact (or even purported statements of fact). This is the second of the 4 factors for fair use. the purpose and character of your use the nature of the copyrighted work the amount and substantiality of the portion taken, and the effect of the use upon the potential market. UCLA has factor 1 in its favor (educational), factor 2 somewhat in its favor, factor 4 in its favor (there is, so far as I know, no market whatsoever for old newscasts). I guess they felt that they could go for broke on the third factor. Also, if this provides text searches it adds a new functionality ("transformative platform") to the originals, and the HathiTrust case (where a judge approved of posting the results of searches of as much digital text as the universities could manage, irrespective of factor 2) would support that. Judy Shoaf 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.
