RE: digital-copyright Digest 6 Jan 2005 16:00:00 -0000 Issue 463

["Harper, Georgia" <GHARPER@xxxxxxxxxxxx>]

I would advise my university, if it were doing what Paul Tremblay
describes below (the conference film festival), to get licenses.

The activities described in the post by Paul Blobaum (occasional showing
of films during Black History Month, etc., a workshop with discussion
but open to the public) also are very hard to justify as fair use
because of the ready availability of a license, thus the harm to markets
for permission (4th factor), the fact that the entire film is shown (3rd
factor) and that it is, more than likely, a creative work (2nd factor).
The fact that you make no money and that you are educational (1st
factor) doesn't outweigh all the other factors.

As for educational performances permitted under 110, some of the facts
described by Paul Blobaum are not entirely outside the parameters
required to qualify under 110(1), but it is a stretch. "performance or
display ... by instructors ... in the course of face-to-face teaching
activities of a nonprofit educational institution, in a classroom or
similar place devoted to instruction ..."

This was intended to cover classroom teaching activities, but, some of
Paul Blobaum's activities might be arguably within this category. On the
other hand, I don't think Paul Tremblay's conference film festival fits
well at all.

Georgia Harper
Univ. of Tx. System
Office of General Counsel
gharper@xxxxxxxxxxxx
512/499-4462




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Sent: Thursday, January 06, 2005 10:00 AM
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Subject: digital-copyright Digest 6 Jan 2005 16:00:00 -0000 Issue 463

digital-copyright Digest 6 Jan 2005 16:00:00 -0000 Issue 463

Topics (messages 975 through 977):

Re: Film showings
	975 by: Olga Francois
	976 by: Blobaum, Paul
	977 by: Jed Horovitz

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----------------------------------------------------------------------
Date: Wed, 05 Jan 2005 12:31:03 -0500
To: "digital-copyright@xxxxxxxxxxxxxx"
  <digital-copyright@xxxxxxxxxxxxxx>
From: "Olga Francois" <ofrancois@xxxxxxxx>
CC: paul_tremblay@xxxxxxxxxxx
Subject: [Fwd: RE: Film showings
Message-ID: <41DC2457.EE02BCEC@xxxxxxxx>