Subject: RE: Really simple copyright question... From: "Humphrey, Brenadine Ms" <humphreyb@xxxxxxxxxxxxxxxxxx> Date: Thu, 20 Aug 2009 16:11:48 +0200 |
At our campus we drew the line at groups and clubs - not sure I wholly agree with that, but our women's group had a monthly movie night and they had to license the movies to show even though they did not charge, however it was open to the whole community. On the other hand, one of the professors who taught a women's lit class showed screenings of films weekly and while the entire campus was invited, since it was part of a structured course, we felt that fell under 110. -brenadine Brenadine Carol Humphrey Copyright Specialist George C. Marshall Center College of International Security Studies DSN 314.440.2699 COM +49 (0)8821 750.2699 humphreyb@xxxxxxxxxxxxxxxxxx -----Original Message----- From: Croft, Janet B. [mailto:jbcroft@xxxxxx] Sent: Thursday, August 20, 2009 3:51 PM To: Kevin L Smith; Ryan.R.Worrell@xxxxxxxxx Cc: digital-copyright@xxxxxxxxxxxxxx Subject: RE: Really simple copyright question... 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 To digital-copyright@xxxxxxxxxxxxxx cc 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
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