RE: showing rental videos

[Deg Farrelly <DEG.FARRELLY@xxxxxxx>]

And my turn to disagree with John Rutter....

Section 107 does not apply to this consideration because Section 110
specificially declares classroom use for instruction NOT an infringement of
copyright.    110 does not set portion limitations or apply any of the four
factors of fair use.

This SPECIFIC exemption from public performance for classroom instruction is
one of the great benefits of US copyright law.

Now, that said....

How the film is used is the key point here.
Used in a general assembly, for entertainment, etc, clearly does not meet the
requirements of 110.

deg farrelly






> Actually, I think it is a whole lot grayer than Deg is suggesting.... other
clauses of the act  -- e.g. #107 make it clear that the specifics of the use
can and will effect the interpretation of  copyright. Specifically, the
proportion of use - i.e. are you showing excerpts or the whole thing, and if
the former, which ones, will you be showing it repeatedly, and, perhaps most
important, are you preventing the distributor from realizing otherwise
expected profits i.e. "the effect of the use upon the potential market for or
value of the copyrighted work."   All of the above can - and have - been used
by a distributor to  argue against the classroom use of his material. Disney
Co. is the example par excellence, but there are others. The area is not clear
at all.  A commercially available and well-known film like Trainspotting is a
toss-up and it would not be a safe assumption that a rented video could be
shown in entirety in a classroom without a release.
>
> John Ruttner
> Instructional Designer
> Office of Distributed Learning
> California State University San Bernardino
>
>