Re: Video clips from TV News

On 8/28/98, Michael Seadle <seadle[_at_]mail.lib.msu.edu> wrote:
>
> On Wed, August 26, 1998, Madeleine Fix <fix.3[_at_]osu.edu> wrote:
> >
> > On 8/25/98, Chris Hamel-Smith <chamel[_at_]wow.net> wrote:
> > >
> > > Anybody willing to venture some thoughts or guidance on the use of
> > > short clips from news coverage (say some of the key shots of Bill,
> > > Monica, etc.) incorporated into music video?
> >
> > Hi Chris Hamel-Smith:
> >
> > I think that anything you use from network television technically
> > resides under the copyright of that particular network.
> > [... deletions ...]
>
> I believe 17 USC 108 (f 3) allows limited use of news broadcasts. The
> paragraph reads:
>
> "(3) shall be construed to limit the reproduction and distribution by
> lending of a limited number of copies and excerpts by a library or
> archives of an audiovisual news program, subject to clauses (1), (2),
> and (3) of subsection (a);"
>
> USC annotated interprets "news" rather narrowly to exclude broadcast
> journals, but I don't think this interpretation has ever been tested in
> court.
>
> A question which interests me in this thread is how the phrase "a
> limited number of copies" might be interpreted for web use. Anyone want
> to give an opinion?

Section 108 deals with permission for libraries and archives to make a "limited number" of copies for particular uses, and doesn't seem applicable to the incorporation of news broadcasts into music videos.

As for what is a "limited number" of copies -- I would suggest that if a library puts a clip on its Web site, it has made a single copy (resident on its server), and thus falls well within the "limited number" concept. However, it also is enabling others to make copies -- an unlimited number of copies. Query whether the library can be held liable for contributory infringement by encouraging others (presumably not protected by 108(f)(3)) to make such copies (i.e., by posting it on a publicly-accessible Web site).

Daniel J. Schaeffer
<daniel_schaeffer[_at_]kirkland.com> Received on Fri Aug 28 1998 - 13:02:28 GMT