Judith, I think the 10% statement was pretty clear in that the judge basically said using 2 chapters in a 10 chapter book would be infringing and almost forgotten here is she did find 5 of the 99 claims to be infringing ( another 50% were tossed for reasons of standing and use not "fair use") and at least one of these five involved material that was less than 10% but which the judge determined was "the heart of the work" The clear point being this case in no way shape or form can be used to claim courts support digitizing and streaming entire films. Could one maybe argue that there is some work where 12% might make the cut? sure but she is drawing a pretty clear line and this of course is the part of the case that upset the educational community which itself referred to it is a "bright line".
As for the 2nd part about using much larger if not entire works if they are not available to be licensed, this is where among others I think the judge went off the deep end and is likely to be struck down on appeal. I don't see under any law that the courts can say to a rights holder if you don't make your material in a format that schools want to use then they can do it themselves. In film terms many independent directors are highly protective of their work and just because they don't offer their work for streaming is hardly a reason the courts can allow someone to do it anyway. It will also be be very interesting to see how the judges decision to not consider transformative use will play out. On Thu, May 2, 2013 at 8:39 AM, Shoaf,Judith P <jsh...@ufl.edu> wrote: > Yikes, I’m a mess. Evans said the distinctly large amount was NOT > infringing, because the lack of available licensing for that work weighed > in favor of GSU. **** > > ** ** > > Judy**** > > ** ** > > 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.
