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Fair use doesn’t normally include paid education/teaching. That’s commercial use. If it were a free conference – possibly. The trouble with terms such as ‘fair use’ or ‘fair dealing’ is that they are rarely defined in law. So, what I think is fair may not be thought of as fair by the rights holder and it all hinges on a US judge’s decision.

 

Tricia Rey
Library Services Manager
Queen
Victoria Hospital NHS Foundation Trust

East Grinstead
Tel: 01342 414266
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From: Prue, Andy [mailto:[log in to unmask]]
Sent: 09 May 2013 15:46
To: Rey Patricia; [log in to unmask]
Subject: RE: YouTube - legal or copyright implications

 

Out of interest

 

If the Conference served an education/teaching purpose, would that fall under the doctrine of ‘fair use’ or ‘fair dealing’?

 

Just checked the YouTube copyright section which states:

 

in the United States, copyright rights are limited by the doctrine of “fair use,” under which certain uses of copyrighted material for criticism, commentary, news reporting, teaching, scholarship, or research may be considered fair. U.S. judges determine whether a fair use defence is valid according to four factors, which we’ve listed below for educational purposes. In some other countries, there is a similar concept called "fair dealing" that may be applied differently.”

 

Just a thought

 

Cheers

Andy

Andy Prue
Web Development Librarian


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From: UK medical/ health care library community / information workers [mailto:[log in to unmask]] On Behalf Of Rey Patricia
Sent: 09 May 2013 15:28
To: [log in to unmask]
Subject: Re: YouTube - legal or copyright implications

 

Christine

 

This would depend upon the origin of the video clip and the permissions granted by the rights holder. You can’t assume that the person who shot the video or who posted it to You Tube actually owns the rights, either. I suspect a lot of illegally-filmed clips make their way onto You Tube. Eg, the rights owner of a filmed pop concert would not be the person who filmed it but the performer(s) or the promoter(s).

 

You would need to try to contact the rights owner. A conference could be seen as commercial use, so that could be quite costly.

 

Regards

 

Tricia Rey
Library Services Manager
Queen
Victoria Hospital NHS Foundation Trust

East Grinstead
Tel: 01342 414266
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From: UK medical/ health care library community / information workers [mailto:[log in to unmask]] On Behalf Of Christine Lawes
Sent: 09 May 2013 15:23
To: [log in to unmask]
Subject: YouTube - legal or copyright implications

 

Dear list

 

Can anyone enlighten me as to the legality (or otherwise) or including YouTube video clips in ‘public’ powerpoint presentation? Ie. At a conference, for example.

Or would this depend on the origin of the video?

 

Many thanks

Christine

 

Christine Lawes

Librarian

Learning Resource Centre

Princess Alice Hospice

West End Lane

Esher

Surrey KT10 8NA

 

Tel. 01372 461843

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