[digital-copyright] fair use of song snip in TEDx talk?

[Jo Ann Reynolds <Jo_Ann.Reynolds@xxxxxxxxxxxxx>]

Hi Everyone,

One of our faculty has been invited to give a TEDx talk on our campus. This is
an 18 minute talk on using visual media to replace bullet points in
teaching/presentations. Part way in to the talk this professor is using a clip
from a song in a video he created to make his point. The clip is somewhere
between a quarter and a third of the song and has also been remixed to help
make his point in the video. The entire video is 34 seconds long. The song is
still under copyright.

I think he has a good case for fair use. These are the things I believe weigh
in favor of fair use:
Purpose and Character - nonprofit educational purposes, transformative - the
visual illustrates his talk's premise that visual media is a better way to
make a point than bullet points
Nature of Work - published work, non-consumable
Amount and Substantiality of Portion Used - only using amount necessary to
make the point, 25-33%, narrowly tailored to accomplish the purpose
Effect on Market for Original - He owns lawful copies of both the DVD and
digital versions of the song, he has written to the rights holder but has not
heard back from them.

Has anyone done a fair use checklist specifically for Music?

I found the Code of Practices in Fair Use for Online Video to be helpful,
too.
http://www.centerforsocialmedia.org/fair-use/related-materials/codes/code-bes
t-practices-fair-use-online-video


Thanks,
Jo Ann
Jo Ann Reynolds
Reserve Services Coordinator
University of Connecticut Libraries
369 Fairfield Road, Unit 1005RR
Storrs, CT  06269-1005
jo_ann.reynolds@xxxxxxxxxxxxx
860-486-1406
860-486-5636 (fax)
http://classguides.lib.uconn.edu/mediaresources