Jessica is right; there are only guidelines, not bright lines. I think that makes sense, from a more userly point of view. Even in the GSU case the 10% was not proposed by the judge as an absolute, just a number she would balance with the other factors as being probably safe. But as Jessica says if that 10% is the heart of the work, it requires permission.
It should not be hard to avoid “the heart of the work” in the Alice mashup. What is the heart of that book? I suppose that to a modern sensibility it might be the conversation with the caterpillar, but that probably varies from one film to another. Judy From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner Sent: Thursday, October 01, 2015 1:10 PM To: videolib@lists.berkeley.edu Subject: Re: [Videolib] mashup/copyright Q Much as I wish that WAS the law it is not. There is no percentage whatsoever in the actual copyright law. The recent GSU case used 10% as an absolute amount and this was in fact opposed by both sides. There are instances were 10% can be too much ( in the GSU case several works were deemed to use too much because it was at the heart of the work even if they used LESS than 10% a point ironically almost never mentioned by those claiming it could somehow justify streaming an ENTIRE work) by the same token there could be a case where one could use more than 10% ( though I have not seen it I get the impression that this is the case with some clips used in LA PLAYS ITSELF). This is kind of why "fair use" drives everyone nuts. On Thu, Oct 1, 2015 at 12:55 PM, Moshiri, Farhad <mosh...@uiwtx.edu<mailto:mosh...@uiwtx.edu>> wrote: 4.2.1 Motion Media Up to 10% or 3 minutes, whichever is less, in the aggregate of a copyrighted motion media work may be reproduced or otherwise incorporated as part of a multimedia project created under Section 2 of these guidelines. http://copyright.lib.utexas.edu/ccmcguid.html Farhad Moshiri, MLS Post-Masters Advanced Study Certificate Audiovisual Librarian Subject areas: Music, Dance, Copyright issues, Middle Eastern Studies University of the Incarnate Word J.E. & L.E. Mabee Library 4301 Broadway – CPO 297 San Antonio, TX 78209 (210) 829-3842<tel:%28210%29%20829-3842> ________________________________ From: videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu> <videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu>> on behalf of Jessica Rosner <jessicapros...@gmail.com<mailto:jessicapros...@gmail.com>> Sent: Thursday, October 1, 2015 11:40 AM To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu> Subject: Re: [Videolib] mashup/copyright Q No there is NO 3 minute rule. Fair Use has always been deliberately vague. You are supposed to use the minimum amount that will achieve your goal without compromising the heart of the work or the value to the rights holder. In this case I would say 99.9% you are fine but two potential issues. Is this going to be an event that charges admission? This does not in anyway rule out "fair use" but it can raise the bar. The other issue is I think less legal than practical, I am going to assume you have a Disney version in the mix? They are notoriously litigious and often just best to avoid the trouble. I would also be careful to credit each version you use material from. In general the type of thing you describe is what "fair use" was meant for, using portions of works to create a new work without harming the original works. Good luck Jessica On Thu, Oct 1, 2015 at 12:20 PM, Moshiri, Farhad <mosh...@uiwtx.edu<mailto:mosh...@uiwtx.edu>> wrote: As far as I understand the copyright law and fair use, you can do this but you're limited to up to 3 minutes of each film and you should not select the "heart of the work" in this 3 minutes limit for each film. Farhad Moshiri, MLS Post-Masters Advanced Study Certificate Audiovisual Librarian Subject areas: Music, Dance, Copyright issues, Middle Eastern Studies University of the Incarnate Word J.E. & L.E. Mabee Library 4301 Broadway – CPO 297 San Antonio, TX 78209 (210) 829-3842<tel:%28210%29%20829-3842> ________________________________ From: videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu> <videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu>> on behalf of Sarah E. McCleskey <sarah.e.mccles...@hofstra.edu<mailto:sarah.e.mccles...@hofstra.edu>> Sent: Thursday, October 1, 2015 11:07 AM To: 'videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu>' Subject: Re: [Videolib] mashup/copyright Q Hi Lorraine, I would do it. Sounds like fair use to me. Also, I perceive your risk in this situation as extremely low. You’re not charging admission for the film, right? Not a money making venture? BTW sounds like a cool program! This summer I saw the Czech film “Alice” at a big outdoor screening. Such an amazing interpretation of the tale. Sarah Sarah E. McCleskey, M.A., M.S.L.S. Head of Access Services 112 Axinn Library 123 Hofstra University Hempstead, NY 11549 Phone 516-463-5076<tel:516-463-5076> Fax 516-463-4309<tel:516-463-4309> sarah.e.mccles...@hofstra.edu<mailto:sarah.e.mccles...@hofstra.edu> From: videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu> [mailto:videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu>] On Behalf Of Wochna, Lorraine Sent: Thursday, October 01, 2015 11:14 AM To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu> Subject: [Videolib] mashup/copyright Q Hello all, I need some advice here; this is a bit new to me in terms of the legality of use. Here is the scenario: We are doing a big ALICE in WONDERLAND promo gig (display, film and speaker). The student working on the PR would like to use a scene from 5 different versions of ALICE IN WONDERLAND. We would then like to put it on the web (our library page, but it would be accessible to all). In the world of ‘fair use’ and ‘remix’ can we do this legally? I don’t feel qualified to give a definitive yes or no on this. Your advice is greatly appreciated. Best, lorraine lorraine wochna African American Studies, English Lit, Performing Arts Librarian Alden Library, 2nd floor Ohio University Athens OH 45701 W 740-597-1238<tel:740-597-1238> CHAT WITH ME: http://libguides.library.ohiou.edu/prf.php?account_id=7943 MAKE APPT: http://ohiou.libcal.com/appointment/2001 [small card lorraine] ________________________________ This email and any files transmitted with it may be confidential or contain privileged information and are intended solely for the use of the individual or entity to which they are addressed. If you are not the intended recipient, please be advised that you have received this email in error and that any use, dissemination, forwarding, printing, or copying of this email and any attachments is strictly prohibited. If you have received this email in error, please immediately delete the email and any attachments from your system and notify the sender. Any other use of this e-mail is prohibited. Thank you for your compliance. 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. -- Jessica Rosner Media Consultant 224-545-3897<tel:224-545-3897> (cell) 212-627-1785<tel:212-627-1785> (land line) jessicapros...@gmail.com<mailto:jessicapros...@gmail.com> 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.
