Re: [Videolib] Use of Film Clips in Presentation

Jessica Rosner (jrosner@kino.com)
Fri, 20 Jan 2006 10:50:09 -0500

Here is one bit of friendly advice. NEVER EVER EVER take a chance with any
clip owned by DISNEY. So if for instance the original poster's people wanted
To use a bit from say THE ROOKIE or for some odd reason FANTASIA
Don't do it. They WILL sue.

> Deg,
>
> Thanks for bringing some sanity back to this discussion. As you note,
> it is very important to remember that the law and guidelines are not the
> same and not to mix the two. When fair use is reduced to "safe harbor"
> guidelines, it is significantly impoverished.
>
> mb
>
> Michael Brewer
> Slavic Studies, German Studies & Media Arts Librarian
> University of Arizona Library A210
> 1510 E. University
> P.O. Box 210055
> Tucson, AZ 85721
> Voice: 520.307.2771
> Fax: 520.621.9733
> brewerm@u.library.arizona.edu
>
> -----Original Message-----
> From: videolib-bounces@library.berkeley.edu
> [mailto:videolib-bounces@library.berkeley.edu] On Behalf Of deg farrelly
> Sent: Thursday, January 19, 2006 3:59 PM
> To: videolib@library.berkeley.edu
> Subject: Re: [Videolib] Use of Film Clips in Presentation
>
> There is nothing in the fair use provisions of US copyright law that
> provides any indication of portion limitations. The notion of 3
> minutes,
> retention of 2 years, etc. mentioned here (and in an earlier post) are
> not
> absolutes. They are, instead, a "safe harbor" within which one can feel
> relatively certain that one's use is fair use. These portion
> limitations
> were were articulated in the Fair Use Guidelines for Educational
> Multimedia,
> as part of the CONFU process.
>
> But those guidelines (the only guidelines officially adopted as part of
> the
> CONFU process, if memory serves me) go on to say that OTHER portions
> might
> * still * be fair use, depending on the application of ALL of the four
> factors of fair use: amount of the work, nature of the work, effect on
> the
> market, nature of the use.
>
> While there is no specific provision that a use be not-for-profit, I
> think
> an individual would have a harder time making a fair-use claim in a
> setting
> in which money is being earned from the presentation.
>
>
> --
> deg farrelly, Associate Librarian
> Arizona State University at the West Campus
> PO Box 37100
> Phoenix, Arizona 85069-7100
> Phone: 602.543.8522
> Email: deg.farrelly@asu.edu
>
>
>> From: Gary Daniels <Gary@interruptproductions.com>
>> Reply-To: "videolib@library.berkeley.edu"
> <videolib@library.berkeley.edu>
>> Date: Thu, 19 Jan 2006 15:55:01 -0500
>> To: "ALA: videolib" <videolib@library.berkeley.edu>
>> Subject: Re: [Videolib] Use of Film Clips in Presentation
>>
> <snip>
>
>> Fair Use doesn't require the commentary to directly relate to the
> copied
>> work. You can use a clip from a film to illustrate some other
> idea...such as
>> sports psychology. Fair use DOES, however, limit how much you can copy
> and
>> how long you can use the copy. (No more than 3 minutes/ no longer than
> 2
>> years). It also requires that you give credit to the copyright owner.
> (I.e.,
>> "Courtesy 20th Century Fox")
>>
>> Fair Use also doesn't require that a use be not-for-profit. TV news
> networks
>> are for-profit entities but can use clips for commentary purposes
> without
>> paying licensing fees. That's why you'll always see "Courtesy Network
> Name
>> Here" on any clip they use from an outside source.
>
> <snip>
>
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Proud Resident of a BLUE STATE

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

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