Re: Bruce Conner's Report

From: Chuck Kleinhans (email suppressed)
Date: Tue Nov 18 2008 - 08:58:46 PST

On Nov 18, 2008, at 5:31 AM, David Tetzlaff wrote:

> As I must have noted on the list about 20 times already, the use of
> film works in a classroom setting is governed by a federal law
> known as the Teach Act, which explicitly states that such use is
> NOT a violation of copyright law when the screening is 1) part of a
> regularly scheduled class, 2) involves face to face instruction 3)
> employs a legally obtained copy, 4) is not opened to the general
> public, but restricted to the students registered in the class.
The sticking point is "legal"

Adam Hyman's response mentioned a DVD issued by a gallery. This DVD
was given away for a charitable donation, as I remember, and was
clearly set out for private personal use, not for classroom
exhibition.. SO, it was in no way a "legally obtained copy" if
screened in class.

Ken Lineham asked if it was to be screened for a group or personal
use and said that Acme Video in Providence might have a VHS copy.

Was that a legal or pirate copy? If "legal" was it sold to the video
store by Conner or his agent for private, personal use, or with the
stipulation that it could be used for classroom use? We don't know,
but most of the DVD and tape versions of experimental films by well-
known filmmakers sold by Canyon or the NY Coop or other distributors
seem to set out fairly clear distinctions and restrictions between
classroom use and personal use.

Marta Bustillo responded:

> Hi Ken,
> Yes, that really helps - we need it to show it in a film class, and
> I think under fair use, we can show a VHS tape like that for
> educational purposes in the classroom. Thanks for the info,
> Marta
> Marta Bustillo
> Visual Resources Librarian
> Fleet Library
> Rhode Island School of Design

So, is it really the public policy of RISD to decide for themselves
if this is allowable without asking the artist or checking on the
status of the tape? Is it perhaps a pirate tape? Perhaps that's
the difference between "art" and "design"?


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