This may be an instance where contract law may out weigh your fair use rights. I would say you have to check with the contract regarding the licensed database, and look for any prohibitive language. If your university signed a contract to get access to the database, that will trump the fair use rights of the person making the documentary. my two cents backed up only from what i have gleaned from following the list serve. regards and happy holidays 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! >>> Chris Lewis <cle...@american.edu> 12/19/2013 11:10 AM >>> This is a theoretical scenario at this point though will happen if the University Counsel can be convinced the proposed event is protected under Fair Use and doesn't violate other laws such as the DMCA. The question is whether a short clip from a licensed database can be downloaded and used in a documentary if it favors the four Fair Use factors? The database in question is the Television News Archive though the question could be applied to others as well. My thought is that if a streamed video can be downloaded then it would have to be limited to private use and nothing more including Fair Use. But honestly I have no confidence in that stance. -- Chris Lewis American University Library
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.
