Re: [CNI-COPYRIGHT] Re: Multimedia Guidelines and Fair use

I wish to second Michael's statement. Librarians need to consider all the facts and all the possibilities before deciding how much of a media clip should be used in a specific situation. Whale the Multimedia Guidelines might be used, it should be remembered that the CONTU guidelines regarding ILL and classroom copying were intended as a safe harbor minimum and rapidly became maximums. The more often an arbitrary safe harbor minimum is treated as a maximum the more the right of fair use diminishes. Though a fair use analysis takes more time and effort than not exceeding an arbitrary time limit the results may be worth it.  It must remember endorsement by a House of Representatives Subcommittee does make the guidelines law, or even close to law. Every bill that comes become Congress is endorsed by a Committee before it comes to the floor of one of the houses for a vote. What counts is not Sub-Committee or Committee endorsement, but passage in both houses and presidential signature.

Michael Webster wrote:

> The guidelines are not law. Section 107 of the Copyright Law is law,
> and as Kenneth Crews has so convincingly advocated in his scholarship,
> we need to base our policies on the law, not elusive "safe harbors."
>
> I disagree that with the position that it "doesn't matter what assn
> didn't endorse them at this point." The major library associations
> and many of the leading educational and professional associations
> rejected these guidelines. Librarians and other educators should take
> cognizance of these facts when developing policies on copyright and
> "fair use."
>
> Michael G. Webster
> Eastern Oregon University
>
> Lisa Livingston wrote:
>
>> I must have somehow missed this email when it first appeared on the
>> list but think it might be helpful to reply now to set the record
>> straight.
>>
>> 1) While discussed at CONFU sessions, The Fair Use Guidelines for
>> Educational Multimedia were negotiated outside the CONFU process.
>> Many library and educational assns had representatives at these
>> negotiating sessions. These representatives contributed to the
>> wording of the guidelines.
>>
>> 2) While some educational and library assn chose not to endorse the
>> guidelines, others did endorse them. The various "politics" the
>> surrounded database negotiations at that time were the primary reason
>> that these, and other guidelines, went unendorsed by some in the
>> educational community.
>>
>> And most important.......
>>
>> The Fair Use Guidelines for Educational Multimedia were endorsed by
>> the appropriate subcommittee in the House of representatives in Sept.
>> 1996, and are available for use by educators and student in the US.
>> The choice is the individual's. It really doesn't matter what assn
>> didn't endorse them at this point. These guidelines remain a most
>> useful tool to those developing and using multimedia in an education
>> or nonprofit setting.
>>
>> Lisa Livingston
>>
>> >RE: Lisa Livingston's comments on libraries and the CONFU Educational
>> >Multimedia Guidelines.
>> >
>> >Lisa Livingston states that "some" libraries chose not to endorse the
>> >CONFU Educational Multimedia Guidelines. In fact, the American Library
>> >Association, the American Association of Law Libraries, the Art
>> Libraries
>> >Society of North America, the Medical Library Association,
>> Association of
>> >Research Libraries, and the Council of University of Wisconsin
>> Libraries
>> >went on record rejecting these guidelines. This is an impressive
>> list of
>> >library associations that concluded that the guidelines restricted fair
>> >use (their positions can be reviewed at the following site:
>> >http://www.ninch.org/News/CONFU_Report.html). I believe that this
>> leaves
>> >no doubt that the library community overwhelmingly rejected the
>> multimedia
>> >guidelines.
>> >
>> >Many prominent higher education associations also rejected these
>> guidelines.
>> >Among those in the "no" column were the Association of American
>> Universities,
>> >the American Association of State Colleges & Universities, and the
>> National
>> >Association of State Universities and Land-Grant Colleges. The
>> latter two
>> >associations submitted a joint letter in which they stated that
>> "each of the
>> >guidelines contains provisions that identify formulaic prescriptions
>> and
>> >restrict educational institutions from using educational materials
>> to promote
>> >learning anytime and anyplace." The presidents of these two
>> associations
>> >proposed the adoption of "best practice" models instead of guidelines.
>> >
>> >Michael G. Webster
>> >Eastern Oregon University
>>
>> --
>> Lisa Livingston
>> Director, Instructional Media Development Center
>> School of Education, University of Wisconsin
>> 1025 West Johnson Street, Suite 142
>> Madison, Wisconsin 53706
>> V:608.262.3431 F:608.262.6447
>> lmlivingston[_at_]facstaff.wisc.edu
>>
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-- 
S. Warwick
swarwick[_at_]sprynet.com

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