Of course, permission is the safest course, and getting a publisher to do the hard work of permissions and compilations would be ideal.
But I think a reasonable argument could be made for Fair Use. The statute provides in pertinent part, with my comments inserted:
§ 107. Limitations on exclusive rights: Fair use
"[t]he 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; Here, these movie clips are clearly used for educational purposes, and would be posted by educators on a secure website that is only accessible by educators for use as tools in the classroom (including creating multiple copies for classroom use).
(2) the nature of the copyrighted work; Granted, these are movies created for commercial gain, but this is just one factor amongst many, and these factors are to be viewed in their totality (amorphous, isn't it?)
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; Here, from what I understand, these clips are just that - clips - and just a small portion (one scene or two) from films that contain many more.
(4) the effect of the use upon the potential market for or value of the copyrighted work. Basically, I see zero impact on the value or market of the copyrighted work - especially of the older movies. In fact, showing students short clips of much longer movies will probably entice the more enterprising ones to go and rent the full version on their own. It is a free movie trailer viewing for the studios - forced on our captive student market.
My two quickly written and probably chock-full-of-holes cents.
Brian
________________________________
From: Academy of Legal Studies in Business (ALSB) Talk on behalf of Petty, Ross
Sent: Mon 2/6/2006 11:58 AM
To: [log in to unmask]
Subject: Re: B-Law Films
I tend to agree with Ken, although the guidelines were negotiated and
may not be how a court would decide fair use. An important question is
how long are the clips and how central are they to the original work.
The greed is good speech by Michael Douglas is pretty key to the movie
Wall Street, but the contracts discussion over pool in My Cousin Vinnie
is more peripheral.
Since fair use also looks at the effect on the market for the original
good (would we all go out and buy these DVDs to use the clips?), it
might be safer to have a publisher take on this task and sell a single
DVD with all the clips we have been discussing after getting whatever
copyright approval might be necessary. Alternatively, a publisher's
secure website would allow us to pre-assign the clips or show them in
class.
Ross D. Petty
Professor of Marketing Law
Babson College
-----Original Message-----
From: Academy of Legal Studies in Business (ALSB) Talk
[mailto:[log in to unmask]] On Behalf Of Kenneth Schneyer
Sent: Monday, February 06, 2006 11:29 AM
To: [log in to unmask]
Subject: Re: B-Law Films
Not sure it sounds like fair use to me. If one knows, a term or two in
advance, that one is going to use such clips, then I think the
Guidelines probably require that you seek permission. This is certainly
the case if one uses the clips over and over.
Ken Schneyer
-----Original Message-----
From: Academy of Legal Studies in Business (ALSB) Talk
[mailto:[log in to unmask]] On Behalf Of Halsey, Brian
Sent: Monday, February 06, 2006 11:02 AM
To: [log in to unmask]
Subject: Re: B-Law Films
Good idea - and I could certainly use these movie clips. Sounds like
"fair use" to me.
There's probably a way to convert the clips to DIVX or to compress them
in a way to make them manageable downloads too. We don't want to crash
the server!
Brian
________________________________
From: Academy of Legal Studies in Business (ALSB) Talk on behalf of
[log in to unmask]
Sent: Mon 2/6/2006 10:46 AM
To: [log in to unmask]
Subject: Re: B-Law Films
Marsha: Great suggestion. Perhaps others with clips or films could post
them to the ALSB site copyright laws permitting.
Rick
----- Original Message -----
From: M Hass <[log in to unmask]>
Date: Monday, February 6, 2006 9:14 am
Subject: Re: B-Law Films
> Why not post the disk contents on ALSB site for downloading by
> members?
> ----- Original Message -----
> From: "LeCrone, Noel Blake" <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Monday, February 06, 2006 2:19 AM
> Subject: Re: B-Law Films
>
>
> I would really love to have that disk. Thanks in advance.
> [log in to unmask]
>
> ________________________________
>
> From: Academy of Legal Studies in Business (ALSB) Talk on behalf
> of Bill
> Shaw
> Sent: Sun 2/5/2006 6:16 AM
> To: [log in to unmask]
> Subject: B-Law Films
>
>
> Keith, I have 10 or so films (and triple that in scenes) from
> movies that
> I'd have put on a disk for you, or anyone, if you'd like. From
> the two you
> mention
> that are stale, I have 8-10 scenes. Actually, they can't really
> be stale
> unless you have students taking your course over and over again.
> First day,
> or
> second, I sometimes begin with Wall Street (Michael Douglas), and
> discuss
> the virtues of "greed." "Greed is good, it's right, it cuts
> through and
> clarifies
> the . . . {something, something, something} . . . and greed, mark
> my word,
> with save Teldar Paper, and that other malfunctioning corporation
> called the
> United States of America." It was an Oscar winner back in the
> early '90s,
> and, I'm told, the "greed" speech was tracked from Ivan Boesky's
> presentation
> to Stanford MBAs. That may just be a rumor. Anyway, I was known
> around the
> gym as the Boesky Professor of Business Ethics. * Film strips of
> 2-4
> minutes apiece that you may find useful from time to time, but
> never
> scheduled/syllabused in order to remain within the "fair use"
> provisions --
> Wall Street,
> The Insider, A Civil Action, Boiler Room, Other People's Money,
> Private
> Ryan, Philadelphia, Erin Brockavich, GlenGarry GlenRoss, Kate and
> Leopold, Repo Man. Some are sort of special interest - special
> occasion - feel good
> clips: Forest Gump, Hackers, Goodfellas, Jerry MaGuire, Half
> Baked. Also,
> a skydive (strictly to impress my grandson), but you need an 8
> page
> disclaimer to distribute beforehand. Bill
>
>
>
> At 02:24 PM 2/2/2006, you wrote:
>
>
> Colleagues,
>
> I occasionally have students in my Legal Environment class analyze
> business
> law and ethics issues in feature films. I have used The Insider in
> the past,
> but it has been used so often - in not only law classes, but also
> management, ethics, and others - that it has grown a bit stale for
> students
> and professor alike. A Civil Action is also beginning to show its
> wear. Does
> anyone out there have suggestions for other good films that raise
> business
> law issues?
>
> Thanks for any help you can give.
>
> Keith
>
> ooooooooooooooooooooooooooooooooooooooooooooooooo
> Keith A. Maxwell
> Nat S. and Marian W. Rogers Professor
> Professor of Legal Studies and Ethics
> School of Business and Leadership
> University of Puget Sound
> Tacoma, WA 98416
> Office Phone: 253.879.3703
> www.ups.edu/faculty/maxwell/home.htm
> ooooooooooooooooooooooooooooooooooooooooooooooooo
>
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