[Fmpro] film use related question

[Susan Poliniak]

This is most certainly not "fair use." FWIW, my day job is in  
educational music (print publishing and DVDs), and I'd never allow  
one of my authors, production folk, etc. to use a clip--video or  
music--without permission. Think of it as you would sampling in the  
music world--no matter how little that clip is, it's still not  
"yours," and there are any number of legal cases out there where the  
issue was successfully pursued by the copyright holder.

I get the impression that your friend never actually contacted the  
companies whose clips he wants to use. Why not? It's worth a shot.  
You'd be surprised, esp. if it's for a good cause (you mention that  
your friend works for a non-profit).

- Susan

** ** ** ** ** ** ** ** ** ** ** ** ** ** **
Susan Poliniak
susan at susanpoliniak.com
http://www.susanpoliniak.com


On Mar 15, 2007, at 12:28 PM, Rolin Mains 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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