Re: Editing and Copyright

I thought it was NEVER permissible to copy clips to another tape without first securing permission from the producer (and possibly paying a fee.)

Marti

Marti Morandi, Director
Learning Resources and Language Learning Centers Willamette University
Salem, OR 97301
(503)370-6054
<mmorandi[_at_]willamette.edu>

On Wed, 22 Feb 1995, David Simons wrote:
>
> 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 - 18:47:41 GMT