[opendtv] Re: MVPD and VOD; A Solution to Time-Shifting

John;

It's probably worse than that, since I was only vaguely am aware of the classroom exception.  But, I do remember that doesn't necessarily mean copies the students take home, nor watch back in their dorm (or other) rooms.

However, it sounds like it exactly answer's Dan's needs ...

John

-----Original Message-----
From: John Shutt
Sent: Jun 30, 2008 5:13 PM
To: opendtv@xxxxxxxxxxxxx
Subject: [opendtv] Re: MVPD and VOD; A Solution to Time-Shifting



John,

 

I think your memory let you down this time.  Education is a cornerstone of fair use.

 

John

 

http://www.law.cornell.edu/uscode/17/107.shtml

 

§ 107.  Limitations on exclusive rights: Fair use

Notwithstanding the provisions of sections 106 and 106A [17 USCS §§ 106 and 106A], the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include--
   (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
   (2) the nature of the copyrighted work;
   (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
   (4) the effect of the use upon the potential market for or value of the copyrighted work.
 
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

 

----- Original Message -----

From: "John Willkie" <johnwillkie@xxxxxxxxxxxxx>

 

> However, fair use 'generally' provides for using short exceprts for commentary, illustration, satire.  Education, IIRC, isn't part of that.