I appreciate that school librarians are frequently dealing with teachers
who may be"going over the line" in interpreting fair use (Section 107).
It is also very true that few have any understanding of copyright and
that librarians tend to be more knowledgeable.
I want to clarify that any lawfully obtained video (library purchased,
individual purchased, rented) can be shown in the classroom for
curriculum purposes without prior authorization and without a public
performance license. This is Section 110(a). This exemption does not
extend to showing videos for entertainment.
However, the notion that anyone has the right to retaliate (for alleged
infringements of the past) by willy nilly denying others exemptions
guaranteed to them in the law is not an approach I would endorse. This
is like saying because some people cheat on their taxes, the government
has the right to deny the public from claiming exemptions on their tax
returns.
-Carrie Russell, Copyright Specialist
ALA Washington Office
Office for Information Technology Policy
crussell@alawash.org
Date: Tue, 18 Jan 2005 10:45:38 -0600
From: Linda Kelley <lkelley@CONNALLY.ORG>
Subject: Re: GEN: Companies move to eliminate fair use
I agree with Paula. I hope we can keep fair use, but unless
administrators are willing to express to their faculties that
copyright
infringement includes showing their own or rented videos in the
classroom without securing a broadcast license, nothing will happen.
Too
many teachers say, "We're in a small school. Nobody is going to send
the
video police to us." The teachers do not have the background in
copyright that we librarians get. I'm sure the administrators must
have
been exposed to it in a school law course, but I think many of them
don't take it seriously, either.
I'm tired of being the Grinch or the Barbarian, but I feel that I must
try to keep our school from copyright infringement when I can.
>>> Paula Yohe <paula_yohe@YAHOO.COM> 01/15/05 08:03AM >>>
Before someone sends me a scathing reply -- I support fair use --
WHat I am saying is that in some respects I don't blame the companies
-- How many of you have seen blatant disregard for the copyright laws
--
particulary with movies ---
I have seen rooms full of videos that are handed out for entertianment
I have seen rooms full of videos that are handed out for entertianment
-- how many times have we seen disucssions right here on this listserv
--
I dont have an answer but I see some of these companies fighting back
against blatant disregard of copyright laws and fair use.
Paula
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