Fair Use/Short Clips

This question has come up a few times and I am wondering how others may be advising their video centers and/or faculty/staff about the development of video products. Our video center is in the process of developing an educational product which will be resold through a publisher. The product will be used as a distance learning course offered by colleges and universities as well as in conventional classrooms. The question is whether and to what extent the use of "short clips" (e.g.,.,. 1-2 minutes or less of a movie, tv program or video) to illustrate ideas is permissible under fair use? Or does the fact that the product will be sold effectively preclude a fair use argument. I know market effect is not the only prong of the test, but in this instance is it more prudent to seek permission?

Second part of the question is a bit more basic, but I am curious to know if there is a uniformity of response/opinion. In the same product can footage taken by video center personnel of people in public places be used without their consent? For examples, they have recorded people while they were smoking cigarettes at the pedestrian mall. These visuals are used while the narrator is explaining issues surrounding smoking, e.g.,.,., health effects, nicotine effects, etc.

Stephana Colbert
stephana-colbert[_at_]uiowa.edu Received on Thu Apr 25 1996 - 00:39:19 GMT