RE: [Videolib] film stills for publication

Jed Horovitz (JedH@internetvideoarchive.com)
Tue, 15 Feb 2005 15:20:40 -0500

I too don't know of a commercial publisher who will invest without a
clearance in writing. That doesn't make it legally required though.

The A&E Biography cases in NY established that using clips in a documentary
about the film or the genre or an actor in a film was a fair use. How could
the use of a still in a book about the film or the genre or an actor not be?

I think that publishers are part of the same copyright cartel and don't want
to rock the boat. As long as they can pass the effort and expense off on
the author, why should they?

Jed

-----Original Message-----
From: videolib-bounces@library.berkeley.edu
[mailto:videolib-bounces@library.berkeley.edu]On Behalf Of Jessica
Rosner
Sent: Tuesday, February 15, 2005 2:03 PM
To: videolib@library.berkeley.edu
Subject: Re: [Videolib] film stills for publication

> From: "Jed Horovitz" <JedH@internetvideoarchive.com>
>
> As the (gasp) producer of "Rock and Roll High School Forever" and
uncredited
> writer of
> "Slumber Party Massacre Part II" I can only say, 'It is about time
somebody
> did a book on this important genre.' Heh, I had to eat.
>
> Seriously, I think the best think to do is contact the producers because
> they will mostly be glad to provide stills.
>
> If they can't be found, he should document that and try pulling images
from
> video. Sounds like a fair use to me.
>
> Jed

Just wondering Jed does anything NOT sound like fair use to you ? I really
have not kept up with the law on this but it is my understanding that
publishers require written clearance to cover their backs. The only law case
I followed was very odd one in which a very insistent rights holder sued and
won a judgement against VARIETY of all places for the unauthorized use of a
LAUREL & HARDY image. It is Kino's policy never to charge for use of stills
but I gather the going studio rate is around $250 per image. There was a
famous/infamous article that asserted that pulling images from a film WOULD
be covered but using standard issue publicity images would not. Personally I
think it is the other way round but other than the L& H thing
( which was publicity image) I have not heard of any cases.
Bottom line is that publishers are nervous so they want written permission
which in the case of the movies your friend is trying to get, may be a real
pain in the ass

jessica

_______________________________________________
Videolib mailing list
Videolib@library.berkeley.edu
http://www.lib.berkeley.edu/mailman/listinfo/videolib

_______________________________________________
Videolib mailing list
Videolib@library.berkeley.edu
http://www.lib.berkeley.edu/mailman/listinfo/videolib