Query: Industry Practice regarding use of film clips to illustrate news stories (not reviews)

From: Grierson, Kevin <kgrierson[_at_]wilsav.com>
Date: Tue, 22 Feb 2005 16:45:00 -0500


This question goes more to whether there is a general practice rather than whether or not a particular use constitutes fair use (although if you really want to discuss that, I'm up for that too):  

Let's say a local news station wants to run a story on athletes' salaries and how they have skyrocketed in the last decade. To spice up the story, they introduce it with a short (say, 10-15 second) clip showing Cuba Gooding Jr.'s famous "show me the money" line. The clip is not essential to the story (and certainly it's not a review of "Jerry Maguire").  

It seems to me that this kind of use of a film clip is not all that uncommon. Is there a standard practice regarding whether such a use is/is not allowed/tolerated by the industry? If so, is it generally done by permission from the studio, or have they just not said anything when clips are used in this manner? Any cases would be great, but I'm really more curious as to whether there is a standard industry practice regarding limited use of such a clip in a news story that is not a review of the movie in question.  

Any thoughts/comments appreciated.  

kwg  

Kevin W. Grierson, Esq.
Registered Patent Attorney
Intellectual Property Group
Willcox & Savage, P.C.
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Norfolk, Virginia 23510

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Received on Wed Feb 23 2005 - 02:45:00 GMT

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