[digital-copyright] RE: Call Me Maybe video with faculty

[Charles Wiggins <cpwiggins@xxxxxxxxxxxxxx>]

Ms. Funke,



Section B'106<http://www.copyright.gov/title17/92chap1.html#106> is quite clear that the creator retains all public performance rights, and section B'101<http://www.copyright.gov/title17/92chap1.html#101> defines "To perform or display a work 'publicly'" as:

(1) to perform or display it at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered; or

(2) to transmit or otherwise communicate a performance or display of the work to a place specified by clause (1) or to the public, by means of any device or process, whether the members of the public capable of receiving the performance or display receive it in the same place or in separate places and at the same time or at different times.



Since it is not part of classroom instruction I donbt know of any educational exception beyond Fair Use that would apply, but someone else may be able to elucidate that point. I would need to know a bit more about the nature of the in-service function and the use to do a Fair Use analysis<http://www.isothermal.edu/library/images/ICCFairUseChecklist.pdf>, but you could do that. The safest road is always taking the time to get permission IN WRITNG.



I hope this helps in your decision-making process.


Charles
_______________________________________________________________________________
Charles P. Wiggins, Director of Library Services
Isothermal Community College
P.O. Box 804
Spindale, NC 28160
828b395-1306
cpwiggins@xxxxxxxxxxxxxx<mailto:cpwiggins@xxxxxxxxxxxxxx>






-----Original Message-----
From: Funke, Rebecca S. [mailto:rsfunke@xxxxxxxxx]
Sent: Monday, September 24, 2012 5:29 PM
To: digital-copyright@xxxxxxxxxxxxxx
Subject: [digital-copyright] Call Me Maybe video with faculty



Hey all,

I have an instructor who would like to do a video of college faculty dancing and mouthing the lyrics to Call Me Maybe.  Of course there are all kinds of examples of this on YouTube but it seems to me to fall against copyright (using the entire song, not really a parody, etc.)



Thoughts on whether or not this is allowable under fair use?  The proposed video will be used at an upcoming faculty/staff in-service next month.



Any thoughts are welcome.



Rebecca Funke

Director of Library Resources

Des Moines Area Community College

2006 S. Ankeny Blvd

Ankeny, IA 50023

Ph:  515.964.6328

Email: rsfunke@xxxxxxxxx<mailto:rsfunke@xxxxxxxxx<mailto:rsfunke@xxxxxxxxx%3cmailto:rsfunke@xxxxxxxxx>>

schedule: http://doodle.com/rsfunke

"What a school thinks about its library is a measure of what it thinks about education."

~ Harold Howe, former U.S. Commissioner of Education