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> From: "Jed Horovitz" <JedH@internetvideoarchive.com>
> Reply-To: firstname.lastname@example.org
> Date: Tue, 15 Feb 2005 15:20:40 -0500
> To: <email@example.com>
> 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?
> -----Original Message-----
> From: firstname.lastname@example.org
> [mailto:email@example.com]On Behalf Of Jessica
> Sent: Tuesday, February 15, 2005 2:03 PM
> To: firstname.lastname@example.org
> 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
>> writer of
>> "Slumber Party Massacre Part II" I can only say, 'It is about time
>> 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
>> video. Sounds like a fair use to me.
> 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
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