Editing and Copyright

From: David Simons <simons[_at_]sfc.keio.ac.jp>

Russ Knipe of Ball State University writes
> " I'm a little cloudy on whether or not copyrighted material can
> be used in the form of clips in a larger work. For example say I was
> putting together a basketball video, using clips of Shaq and company,
> for the purpose of instruction on the game of basketball. This video
> would be viewed by a highschool team in the school. Does this meet
> any copyright requirements, and if not, how can this be amended?"

The problem of whether it is possible to use clips of movies is one with which I have been concerned with for some time - I have just completed a paper on the use of video in the classroom (US and Japan). As far as I can see, the principles of fair use will apply here with regard to purpose, nature, substantiality and effect upon potential market - Section 107 Copyright Act.

Questions therefore to consider would be whether showing video to basketball team is for educational purposes, how much of the original footage is being shown, did you record from TV or is it a pre-recorded video? If it is recorded off-air, you may be able to use the clip under the guidelines of the Negotiating Committee on use of videorecordings. Finally, Shaq and company have the right to protect the use of their visual image under their right of publicity. Basically,use of video clips is a complicated area and one for which I have received no clear guidance myself.

It may be that your local educational authority has some kind of guidelines for the use of video material for educational purposes, so you may wish to contact them.

Any other responses on the Net to this situation would be greatly appreciated.

J. David Simons
Keio University SFC
Japan Received on Wed Feb 22 1995 - 05:49:00 GMT