Re: Editing and Copyright

From: S. Keith Graham <vapspcx[_at_]cad.gatech.edu>
Date: Thu, 23 Feb 1995 13:11:22 -0500

>From: Neal Greenfield <greenfld[_at_]pipeline.com>
>
>On Tue, 21 Feb 1995 00rmknipe[_at_]bsuvc.bsu.edu said:
>>
>> 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?
>
>This video would likely infringe the NBA's copyright. They have a very
>strict enforcement program and may take legal action if they find out about
>the video. The only solutions I see are to either obtain their written
>consent to your compilation (unlikely) or purchase an "official"
>basketball instructional video. I have seen them in sporting goods stores
>and in catalogs. I don't know how good they are but they're not expensive.

If the video is used strictly by the creator/teacher as part of some kind of class/education then I believe that fair use is a valid defense. (Consult with a lawyer about the exact details of your case, etc. etc.)

If you intend to distribute or sell the video to other schools, etc. then fair use no longer applies. You'll have to license the material from the NBA, etc.

Keith Graham
vapspcx[_at_]cad.gatech.edu Received on Thu Feb 23 1995 - 18:13:57 GMT

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