RE: Really simple copyright question...

["Croft, Janet B." <jbcroft@xxxxxx>]

I had a situation like this at one of my previous institutions.  We figured
then that if we weren't charging anything AND had a discussion led by a
faculty member, it was fair use. Since yours is limited to students (we
allowed community members to attend) you should be even more protected. We
also had evening showings of films to the drama club as preparation for our
productions, and felt those were safer because it was an official campus
organization.  So if your group was officially recognized as a campus group
with a faculty sponsor, you'd be even better protected.

Janet Brennan Croft
Associate Professor
Head of Access Services
University of Oklahoma Libraries
Bizzell 104NW
Norman OK 73019
405-325-1918
Fax 405-325-7618
jbcroft@xxxxxx
http://faculty-staff.ou.edu/C/Janet.B.Croft-1/
http://libraries.ou.edu/
Editor of Mythlore http://www.mythsoc.org/mythlore.html
Book Review Editor of Oklahoma Librarian
http://www.oklibs.org/oklibrarian/current/index.html
"Humans need fantasy to be human. To be the place where the rising ape meets
the falling angel." -Terry Pratchett


-----Original Message-----
From: Kevin L Smith [mailto:kevin.l.smith@xxxxxxxx]
Sent: Thursday, August 20, 2009 7:31 AM
To: Ryan.R.Worrell@xxxxxxxxx
Cc: digital-copyright@xxxxxxxxxxxxxx
Subject: Re: Really simple copyright question...

I think your reading of 110(1) and this situation is correct.  Subsection
(1) merely says face-to-face teaching activities in a classroom or similar
place devoted to instruction.  I know some institutions import this rule
about credit-bearing courses into their policies, but it seems unwarranted
to me.  If you compare subsection (1) with subsection (2) in section 110,
the more stringent requirements in the latter should make clear that
Congress understood the leeway available in 110(1) and wanted to make
110(2) less flexible.

Of course, "teaching activities" does impose a limitation on public
performances on campus, but its precise definition will necessarily differ
some on different campuses.

Kevin L. Smith, J.D.
Scholarly Communications Officer
Perkins Library, Duke University
PO Box 90193
Durham, NC  27708
919-668-4451
kevin.l.smith@xxxxxxxx
http://library.duke.edu/blogs/scholcomm/



"Ryan.R.Worrell@xxxxxxxxx" <ryanrworrell@xxxxxxxxx>
08/19/2009 05:32 PM

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Subject
Really simple copyright question...






So, I am sure this is a simple copyright question, but I am getting a
little pushback and thought I would pose it to the group to see if I
am missing anything.

Professor at a non profit religious university would like to be able
to have a "bible study" type series of events at the school (for
students) wherein a film is played and then discussed from a religious
perspective.  So, for example, the professor would play the Matrix and
then discusses the parallels with Christianity.  It is a small school,
so they asked outside counsel to consider whether this would be OK.
The attorney said no (but I do not have that attorney's explanation).
Professor came to me for a second opinion.

I think this clearly falls into section 110(1) protection.  Am I
missing something?  I guess that there could be an argument that since
these studies are not be part of a "credit granting" class, it may not
qualify for 110(1) protection, but I do not read such a requirement
into the statute.  The studies will take place on campus, in a
classroom, with students and a tenured professor.  There could be an
argument that playing the entire film is too consumptive, but this
wouldn't be a Fair Use case...it is a statutory defense.

So, am I missing something?

Ryan Worrell