Re: [Videolib] film stills for publication

Jessica Rosner (jrosner@kino.com)
Tue, 15 Feb 2005 15:51:40 -0500

I would love info on the A &E case as that would be BIG news if one could
use film clips free of charge in documentaries. I think it is possible you
are thinking of the issue of using clips from TRAILERS in documentaries has
been done for a long time as a way of avoiding paying for "real" clips. I
know some studios attempted to crack down on the practice but no idea where
it stands. The theory was that unlike the films the trailers were not
copyrighted and intended as promotion. It is very likely that the same
would apply to PUBLICITY stills but I don't see how it could apply to either
direct clips or snatches. Anyway if you have a link to the case or any
articles about it, please post it

Jessica

Proud Resident of a BLUE STATE

Jessica Rosner
Kino International
333 W 39th St. 503
NY NY 10018
jrosner@kino.com
212-629-6880

> From: "Jed Horovitz" <JedH@internetvideoarchive.com>
> Reply-To: videolib@library.berkeley.edu
> Date: Tue, 15 Feb 2005 15:20:40 -0500
> To: <videolib@library.berkeley.edu>
> Subject: RE: [Videolib] film stills for publication
>
> 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
>
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