[Fmpro] film use related question

[James Ryan]

Rolin -
Would you like me to post this on the PHO list?  They are all copyright and
industry lawyers, and someone will surely have a clear answer for you.
Let me know if it's OK.

James


On 3/15/07 12:28 PM, "Rolin Mains" <rmains at bellsouth.net> wrote:

> hey everyone...
> 
> this isn't exactly a music question, but so many of you are deep in
> the film industry i thought i would raise this question.  forgive me
> if it has already been answered.
> 
> a friend of mine wants to cut into his educational video several
> small clips (less than 90 seconds) from major studio releases (ET, a
> disney cartoon, shawshank redemption, etc).  the video is educational
> in nature i.e., a training video, and he will charge for it
> (potentially around $300-$500).  his organization is a non-profit
> that works solely with other non-profits.
> 
> we have seen rejection letters from the likes of disney, fox, and
> others on the internet that typically reject such requests
> wholesale.  my friend insists that "fair use" means he can use the
> clips as long as they are a) less than :90, b) constitute a very
> small part of the vid, and c) are not used to actually entice people
> to buy the vid.
> 
> my friend is an attorney (though not practicing) and maintains that
> his use of these film clips would be so small no one would care
> anyway, i.e., the risk is very remote.  my take is that the climate
> is not good for this kind of thing and the risk is larger than
> remote...never mind the questionable ethics of using the clips
> knowing that the studios don't want you to use them.
> 
> so my question(s) (and you can answer off-line if you like) just what
> is the risk (remote or not), and does educational use by a non-profit
> get you a free pass in the use of video clips as illustrations.
> (btw, i am also curious if, in addition to actually using the clips,
> if ripping them off the DVD isn't itself a crime.)
> 
> thanks in advance,
> 
> Rolin Mains
> 615.504.0374 (cell)
> "Many musicians do not consider George Gershwin to be a serious
> composer. But they should understand that, serious or not, he is a
> composer, that is, a man who lives in music and expresses
> everything...by means of music, because it is his native language.
> There are a number of composers, serious or not, who learned to add
> notes together. But they are only serious on account of a perfect
> lack of humor and soul."  Arnold Schoenberg, 1938
> 
> 
> 
> 
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