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

["Funke, Rebecca S." <rsfunke@xxxxxxxxx>]

I would have to agree, Ali.  Thanks for sending this out.

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>
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


From: Ali Sternburg [mailto:alisternburg@xxxxxxxxx]
Sent: Tuesday, September 25, 2012 10:48 AM
To: Charles Wiggins
Cc: Funke, Rebecca S.; digital-copyright@xxxxxxxxxxxxxx
Subject: Re: [digital-copyright] RE: Call Me Maybe video with faculty

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<mailto: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><mailto:cpwiggins@is
othermal.edu<mailto:cpwiggins@xxxxxxxxxxxxxx>>






-----Original Message-----
From: Funke, Rebecca S. [mailto:rsfunke@xxxxxxxxx<mailto:rsfunke@xxxxxxxxx>]
Sent: Monday, September 24, 2012 5:29 PM
To: digital-copyright@xxxxxxxxxxxxxx<mailto: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<tel:515.964.6328>
Email:
rsfunke@xxxxxxxxx<mailto:rsfunke@xxxxxxxxx><mailto:rsfunke@xxxxxxxxx<mailto:r
sfunke@xxxxxxxxx><mailto:rsfunke@xxxxxxxxx<mailto:rsfunke@xxxxxxxxx>%3cmailto
:rsfunke@xxxxxxxxx<mailto:3cmailto%3Arsfunke@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






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