I used this hypo in two classes today. The Bus Law students were convinced it was fair use--"if business law profs are doing it it MUST be okay."  But my computer students in computer law were appalled. No doubt envisioning themselves as software-writers, they are actually fairly sensitive to ethical issues.
 
But, a serious question: IF the clips are indeed short enough that Bill's use of them for educational purpose, where he adds sufficient content to make them into something else, is a fair use--then why can't he as holder of (c) in this unique compilation distribute it if he wants to? If the use of the tiny clips doesn't impact on the market for the films themselves (indeed, might actually be ads FOR the films?)  I would think there is a strong argument that his use IS fair. And why would he have to worry about threatening some future, unmade, alternative compilation?  
 
I've only been reading these sporadically, so if Bill's CD is more than short clips from films, then I take back everything I say.
Elaine
 
 
-----Original Message----- 
From: Academy of Legal Studies in Business (ALSB) Talk on behalf of John Allison {allisonj} 
Sent: Thu 2/9/2006 8:22 PM 
To: [log in to unmask] 
Cc: 
Subject: Re: B-Law Films



	Bill, it's highly questionable that this is protected by the fair use defense.  Mass distribution to anyone who asks?  There is either an actual or a potential licensing market for this, which greatly decreases the chances of proving fair use.  I wish you would be more circumspect.  This is not funny.

	 

	John

	 

	-----Original Message-----
	From: Academy of Legal Studies in Business (ALSB) Talk [mailto:[log in to unmask]] On Behalf Of Bill Shaw
	Sent: Thursday, February 09, 2006 7:12 PM
	To: [log in to unmask]
	Subject: B-Law Films

	 

	Dear Cracker,  Orange is not your color.  Not to worry; I'll save you

	from yourself.  The Bevo

	 

	ps  :No, no.  You don't have to thank me.

	 

	 

	At 11:27 PM 2/7/2006, you wrote:

	>Thank goodness there doesn't seem to be enough interest among

	>our members so that copyright holders might claim a potential

	>market for film clips that could be streamed to our computers

	>at relatively low cost from a bank of movies applicable to

	>many different academic subjects. Geez, people, I think I

	>counted at least 500 of you who want what belongs to someone

	>else for the price of a blank DVD, plus shipping. And the

	>rationalizations! At least my students act embarrassed when

	>they attempt to justify their peer-to-peer piracy. We're going

	>to get Fran and Dan (that sounds cute when you say it fast)

	>arrested for running the ALSB ListServ to aid and abet

	>copyright theft. Orange jumpsuits anyone?

	> 

	>Bill, er, I'm not actually going to say I want one of those

	>collections, but you know my address . . .