RE: Fair use question

["Blobaum, Paul" <p-blobaum@xxxxxxxxx>]

The educational guideline of 3 minutes only applies to educational
*multimedia* projects, in face to face educational uses to enrolled
students in accredited non profit (non commercial) educational
institutions.

Since he is wanting to publish a transcript in a book, I just don't see
a case for using "fair use".  Besides these are only guidelines endorsed
by certain publishers, not necessarily PBS or whoever made that
documentary.

The editor of the book would certainly require permission to use a
transcript.

When in doubt, *ask permission*.

Paul

Paul Blobaum          708-534-4990 x5142
University Professor and Health Sciences Librarian
Governors State University Library
University Park, IL  60466       p-blobaum@xxxxxxxxx

-----Original Message-----
From: Laura Pope-Robbins [mailto:Pope-Rol@xxxxxxxxxxx]
Sent: Tuesday, April 20, 2004 11:38 AM
To: digital-copyright@xxxxxxxxxxxxxx
Subject: Fair use question

I've been lurking on this list for awhile, and now I find I need some
guidance.

An individual has asked me to look into whether his potential use of a
video would be considered fair use.  I think it would, but I cannot find
any instances of similar uses to the one he describes in any articles.
He is writing a book and is thinking about incorporating 7 minutes of a
video, which he would transcribe as a question and answer portion.  The
video itself is one 60-minute episode of a 4-part series broadcast by
PBS.  I realize that 7 minutes goes beyond the 3 minutes recommended in
the multimedia guidelines, but he is writing a book, not creating a
multimedia project.  I also realize that 7 minutes goes beyond the
general 10% guideline, but that in and of itself does not negate fair
use.

In researching this topic, the closest instance I found was the
Seinfeld trivia book, which made much broader use of the Seinfeld
episodes than he is considering in this case.  We've gone over the fair
use guidelines carefully, which is why I think his use would be fair,
and I've recommended that it never hurts to seek permission, but . . .


What are your reactions?  Would you consider this fair use?  Does
anyone know of a similar situation and how it was resolved?

Thank you.

Laura Pope Robbins
Assistant Professor/Reference Librarian
Dowling College / Library
150 Idle Hour Boulevard
Oakdale, NY  11769

Phone: (631) 244-5023
Fax: (631) 244- 3374
E-mail: pope-rol@xxxxxxxxxxx

"A book is the only place in which you can examine a fragile
thought without breaking it or, explore an explosive idea without
fear it will go off in your face . . . It is one of the few havens
remaining where a man's mind can get both provocation and
privacy."                                                    -- Edward
P. Morgan

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