Re: Re: "60 Minutes" use of film clip

On May 11, 2006, at 1:25 PM, John Thomson wrote:

> It sounds to me as though your asking about the use of a clip which
> you
> did not take, and thus don't own. This would make it more of a
> privacy
> than a copyright issue (as you asked about the possibility of a "claim
> here for unauthorized use of likeness").
>
> I don't know what the law is in New York, but I'm guessing that it
> would
> revolve around the usual privacy questions:
>
> - Was the graduation open to the public?
> - Did participants have a reasonable expectation of privacy?
> - Is there any potential monetary value to the likenesses used (are
> the
> people famous)?
>
> My feeling about what you've described is that a crowd shot in a
> largely
> public forum might be found to be similar to photographing people
> on the
> street. This is something that is perfectly legal to do in New York
> without needing to obtain permission from or give compensation to
> subjects.
> (This was recently in news:
> http://www.nytimes.com/2006/03/19/arts/design/19phot.html)
>
> IANAL,
> -john
>
> Janna Glasser wrote:
>> Not sure. We just happened to see it on television.
>> On May 9, 2006, at 5:00 PM, John P. McNeill wrote:
>>> How did 60 Minutes get the clip?
>>>
>>>
>>> -----Original Message-----
>>> From: CNI-COPYRIGHT -- Copyright & Intellectual Property
>>> [mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of Janna Glasser
>>> Sent: Monday, May 08, 2006 6:30 PM
>>> To: CNI-COPYRIGHT -- Copyright & Intellectual Property
>>> Subject: [CNI-(C)] "60 Minutes" use of film clip
>>>
>>> One of you probably knows this off the top of their head or has had
>>> experience with it. I'd be grateful for any insight.
>>>
>>> The CBS News Show "60 Minutes" uses a clip in a montage of clips.
>>> The clip in question is taken from a graduation ceremony, but not
>>> from the
>>> procession on stage. It appears to be from after the
>>> procession and reading of the names (the students are all smiling).
>>> My point being, the clip does not look like it was taken during the
>>> "newsworthy" part of the event. The clip looks like it might
>>> have been
>>> taken by a parent. No release is obtained by "60 Minutes" or the
>>> photographer.
>>>
>>> Is there any claim here for unauthorized use of likeness? The event
>>> occurred in New York.
>>>
>>> Thanks.
>>>
>>> Sincerely,
>>> Janna Glasser
>>>
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Received on Fri May 12 2006 - 02:55:55 GMT