Re: Re: thank you film trailer footage/ public domain

I've been following the thread, and I don't see why you feel so confident. The issue of whether or not there is an infringement has not, as far as I have seen, been settled. Yes, it may well be that the vendor of the clip MAY be legally liable to your client for any damages that your client is responsible for under one of the theories discussed, but that would still put your client at risk of substantial monetary loss.

Copyright is a strict liability statute. Your client would very likely be responsible for damages if the copyright of the clip was violated by your client's actions, but MIGHT be able to recover from the original vendor, if that vendor has money, doesn't go bankrupt, etc. Further, there is an evidentiary issue of whether or not the vendor truly warranted the right to COPY the image, which is not at all clear. After all, your CLIENT intends to actually COPY the image, no? Without any explicitly permission of the copyright holder, no? Thus, I would not be at all confident that your client is not at risk in this venture.

But of course, this is NOT legal advice.

-Bodi

• Original Message ----- From: "Kathleen Williamson" <kgw[_at_]dakotacom.net> To: "CNI-COPYRIGHT -- Copyright & Intellectual Property" <CNI-COPYRIGHT[_at_]cni.org> Sent: Wednesday, November 12, 2003 4:50 PM Subject: [CNI-(C)] Re: thank you film trailer footage/ public domain

>
> Thanks to everybody for the helpful information, from the practices of
> trailer footage sales to the UCC. I appreciate all of it. Between the
> industry practices and the case law, I feel confident that my client can
use
> this trailer in her documentary (sans the certain famous song, since it
will
> snych license). but all else seems to be fair game, Kathleen Williamson
> www.williamsonandyoung.com
>
>
>
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Received on Fri Nov 14 2003 - 02:21:29 GMT