Is this wrong?

[visualuser]

I'm in the IT field and when I get with groups of people ( won't say what type of group... ) ) I do the powerpoint presentations for the audience to watch in conjunction with the speaker.

I want to make the presentations cutting edge and all but I'm concerned about using movie clips, you know like 5-10 seconds worth at certain points.

Is this type of dvd ripping bad or what? The only time I've tested this is when I've purchased the dvd. I really don't want to violate laws but how are orangizations doing this, putting clips into presenations and not getting in trouble or not worrying about it. I'm talking about churches...and all.

Well that's about all I have to say. Just don't want to start something that I'll be sorry that I did. Talk about being convicting.

Thanks...

 

[sleipnir214]

You're almost certainly violating the license that comes with the DVD movie.

That license forbids, for example, display of the work to groups. It also forbids using the work for commercial purposes.

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[johnwm]

I don't know about the rest of the world, but in the UK use of SMALL segments of copyright material as comment or for criticism (with appropriate acknowledgement) is covered by 'fair use'

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[sleipnir214]

johnwm:
Somehow, I don't think that jazzing up PowerPoint presentations counts as fair use for purposes of atristic commentary or criticism.

Unless, of course, the PowerPoint presentations are about those movies.

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[cdogg]

In the U.S., fair use applies to non-commercial use and normally references educational institutions though not always. A church would be questionable but may or may not fall within the realm of fair use depending on the situation and presentation. These kinds of things are on a case-by-case basis.

It's a good question, but I wouldn't worry about it too much as long as you're citing a reference at some point in the presentation.


~cdogg
[tab]"The secret to creativity is knowing how to hide your sources"
[tab][tab]- A. Einstein

 

[manarth]

If in doubt, get the publisher's permission.....it shouldn't be that hard to find the publisher's address and drop them a letter.

<marc> i wonder what will happen if i press this...[ul][li]please give feedback on what works / what doesn't[/li][li]need some help? how to get a better answer: faq581-3339[/li][/ul]

 

[CajunCenturion]

We've had lots of discussions here on what is and is not fair use. Below is Section 107 of the US Copyright law, which defines the fair use limitations of a copyright.

§ 107. Limitations on exclusive rights: Fair use

Notwithstanding the provisions of sections 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.

About the only obvious thing in your favor would be that the amount and substantiality would relatively small. I don't think that because it's for a church group has any bearing. That being said, in many case, as cdogg says, courts make rulings on a case by case basis.

Good Luck
--------------
As a circle of light increases so does the circumference of darkness around it. - Albert Einstein

 

[Kjonnnn]

You can request permission and it won't be costly.

Just write the owners of the copyright. Tell who you are, what the clip is u wanna use, the length of it, and where it is to be used. Many will say OK without a fee.

 

[cmpgeek]

hey yall, i found this thread and have a question...

according to the copyright law listed above (thanks Cajun) i think my boss would be safe to use a small clip from a movie in a presentation to show to our new nurses. my problem is that i dont know how to help her. i know this is an ethics forum, but i thought i would ask here in case any of yall have been successful in doing this. if worse comes to worse, she can simply play the scene from the DVD separately instead of saving the scene as a clip which she could then link within her powerpoint show, but she would rather do it the latter way.

do any of yall have any suggestions?

either way, i thank you for taking the time to read this...


my vital stats: Crystal 8.5 / Oracle database / Windows XP...
... always in a state of ... inspiring to some day experience ...

 

[sleipnir214]

Your question is technical, not ethical. You should post it in another forum.

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http://www.catb.org/~esr/faqs/smart-questions.html

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[cmpgeek]

i planned to post it in another forum, i am just trying to figure out which one to post it in. as i mentioned above, i only ask here because this thread directly discussed what i was talking about, and i thought that someone who had responded to this before might already have the knowledge.

my vital stats: Crystal 8.5 / Oracle database / Windows XP...
... always in a state of ... inspiring to some day experience ...

 

[sleipnir214]

The appropriate forum in which to post your question will probably be the one that covers the software package you're going to use to display the DVD clip.

Want the best answers? Ask the best questions:

http://www.catb.org/~esr/faqs/smart-questions.html

TANSTAAFL!!

 

[cmpgeek]

that was the direction i was leaning as well...
thank you for your input

my vital stats: Crystal 8.5 / Oracle database / Windows XP...
... always in a state of ... inspiring to some day experience ...

 

[kiddpete]

I think church use clearly is fair use based on:

1. It is not a commercial use.
2. It is an educational use. Yes, churches are trying to teach. Their purpose is not to entertain.
3. The portion shown is a small excerpt.
4. The economic harm is negligable.

 

[KornGeek]

kiddpete,
I think the &quot;educational use&quot; is a fairly loose interpretation. A court might rule either way on that.

Another aspect that might help in this case is the economic impact. By using a small clip, some of the viewers might be interested in seeing how that portion ties into the full video, and rentals could actually increase. This is the basic concept behind commercials. Again, this is arguable, but I just wanted to throw it out there for consideration.

 

[lionelhill]

It's all a silly area anyway. If you look at almost any commercial CD or DVD writing package it's a thinly disguised piracy machine with a few self righteous comments about not using it to do illegal things. In some CD writers the button for copying your own data is very modest compared to the &quot;what would you like to do today: (a) pirate a music CD, (b) pirate a DVD&quot; buttons.

If you offer people the means, so clearly targeted towards the end of committing the offence, can you really be surprised if people commit it? It's clear who the criminal is, but who's on the ethically weakest ground?

I particularly laugh over the copyright statements on software more-or-less designed for copying other people's copyright material!

 

[lionelhill]

OK, I'm feeling a bit guilty about my last posting, so apologies to reputable CD-writing software companies out there, of whom of course there are loads. The last post was based largely on the (often unsolicited) adverts I've had as junk e-mail, many of which are definitely of fringe-legality (e.g. copy your favourite play-station games...)

As for the topic of this thread, on ethics rather than legality, it probably comes down to why you're using the clip. If you're using the clip to beautify a presentation, then it's similar to clip art, and the producer should get the chance to demand royalties if they want (like clip art is often sold for free use, but you had to buy it first, and you can't just copy the whole clip art collection and give it to a friend). But if the clip is to demonstrate something about that specific film, it's more like quoting a passage from an author in a book about writing.

 

[kiddpete]

lionelhill,

Glad you came back, I was just about to mention a few legit packages and uses.

Re: clip art. What if the clip is used in a college course to illustrate an idea or technique, and does not discuss the movie itself? Is it then infringing copyright? I think the use in a class is the essence of fair use, and one of the major reasons it was put into the law.

 

[lionelhill]

Hm, interesting one. I'd tend to agree with you. Pragmatically, if I were the source of the clip art I'd be flattered and grateful for the publicity provided I were properly referenced/credited. But of course pragmatics aren't ethics or law.

 

[sleipnir214]

It seems to me that when looking at the U.S. law as quoted by CajunCenturion above, then using a clip in a college course would fall under &quot;nonprofit educational purposes&quot;. Plus if we're talking about a short clip, then the substantiality of the portion taken against the work as a whole makes the clip available to you.

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TANSTAAFL!!