Re: Re: Filming of sculptures

I think you are ok, but as Mr. Panzer says, it is not a clear case without reviewing the particular licenses involved. The video would either be a copy or derivative work which would then be publicly (presumeably) displayed or performed. All of this may be fair use, or even an incident of ownership (if the unviersity owns the works). But it could also be beyond the scope a license given and may violate the copyright unless the license specifically grants this use.

Though there are those on the list who disagree with me, I think the answer depends upon one's attitude toward fair use and the scope of copyright and the risk one is willing to take.

It could be fair use, but it may take a court to decide the issue. In that sense, there is some risk. It might not be fair use -- but the author or owner of the copyright would have the risk of suing for such a use -- and might win or might lose.

So, the right thing to do depends upon a variety of factors.

Clearing this use with the copyright owners has attendant costs -- finding them and getting their approvals. And encouraging the broader view of the copyright owners' rights rather than a broader view of the rights of the owner of the piece itself and a broader view of fair use.

Steve
> From: CNI-COPYRIGHT -- Copyright & Intellectual Property
> [mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of Kathy Tadlock
> Sent: Wednesday, August 23, 2006 2:46 PM
> To: CNI-COPYRIGHT -- Copyright & Intellectual Property
> Subject: [CNI-(C)] Filming of sculptures
>
>
>
> On the WWU campus, there is an extensive collection of outdoor
> sculptures. A film crew is coming to campus to film a short piece
> (four minutes) about some WWU athletes. They will be taking a
> walking tour of campus. The producer is interested in including
> some of the sculptures in the film.
>
>
>
> Does permission need to be requested to include the sculptures in
> the filming? For some sculptures, there are existing limited
> copyright agreements for web use and print reproductions.
>
>
>
> Kathy Tadlock
> Support Services, Publishing Services
> Wilson Library 564
> Western Washington University
> Bellingham, WA 98225-9127
>
>

-- 
Prof. Steven D. Jamar                               vox:  202-806-8017
Howard University School of Law                     fax:  202-806-8567
2900 Van Ness Street NW                   mailto:stevenjamar[_at_]gmail.com
Washington, DC  20008	                         http://iipsj.com/SDJ/

"For all men of good will May 17, 1954, came as a joyous daybreak to  
end the long night of enforced segregation. . . . It served to  
transform the fatigue of despair into the buoyancy of hope."

Martin Luther King, Jr., in 1960 on Brown v. Board of Education