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

[Ali Sternburg <alisternburg@xxxxxxxxx>]

There may be an implied license in this unique case of the "Call Me Maybe"
lip-sync meme, as there exists a "Carly Rae Jepsen's Official Call Me Maybe
Fan Video Blog":  http://carlycallme.tumblr.com/  Thus, it may not even be
necessary to do a fair use analysis, although a transformativeness argument
could be made.

On Tue, Sep 25, 2012 at 11:39 AM, Charles Wiggins
<cpwiggins@xxxxxxxxxxxxxx>wrote:

> 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 donb t 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
> 828b 395-1306
> 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
>
>
>
>
>
>
> E-mail correspondence to and from this sender may be subject to the North
> Carolina Public Records law and may be disclosed to third parties.
>
>


-- 
Ali Sternburg, J.D.
alisternburg@xxxxxxxxx
alisternburg.com
@alisternburg <https://twitter.com/alisternburg>

DisCo (Disruptive Competition Project)
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