Re: Use of TV Pictures/Sounds on Web Sites

On 9/28/98, Marilyn Fogelsinger <mfogelsinger[_at_]earthlink.net> wrote:
>
> My question may seem pretty basic, but please bear with me. I'm a law
> student in Michigan, and for a class paper, I'm studying the use of
> photos on "unauthorized" web sites.
>
> In particular, my question is this. Fox Network has recently "shut
> down" many "unauthorized" X-Files web sites for copyright violations.
> These pages had downloadable pictures, sound clips, and Win 95 Themes
> from the TV show. None of these pages charged for the materials, and
> none of them "debased" the materials in any way. Is there a "fair use"
> exception for web pages like this, or is there any other way (short of
> paying royalites, fees, etc.) that such a web page administrator may
> use these copyrighted materials? Any insights would be most
> appreciated.

I, too, would welcome responses on the multimedia fair use question for Web sites; I'm not sure if the recent thread on TVs news really cleared things up for me.

Please cc: me <rothman[_at_]clark.net> when replying to Marilyn Fogelsinger <mfogelsinger[_at_]earthlink.net>. And if we can discuss this on list, I think it'll be rather appropriate since these matters are in flux.

Here's my situation.

A week or two ago, CNBC ran a wonderful little segment on e-books and I asked for permission to put the full clip on the noncommercial TeleRead Web site <http://www.teleread.org/>. This would hardly bankrupt GE, CNBC's owner. So far, however, I haven't heard a word from Legal--which means I'd be interested in knowing just what I could or couldn't do under fair use, as the lawyers on this list would interpret it.

Would a still image, linked to a few seconds of RealVideo on the TeleRead server, be clear-cut fair use as people now interpret it? Max percentage of clip I could use? Any time limits before I'd have to remove the material? I'd like to keep the material online forever.

Here's how I myself see the four criteria of Section 107 in this context:

• How I'm using the material. Noncommercially--and in discussion of a public issue, the need (as I see it) for a well-stocked national digital library. What's more, I'll comment on the material.
• Kind of material copied. Nonfiction. A review of e-book-reading devices by Walt Mossberg of the Wall Street Journal.
• How much to be copied. If need be, not much! Again, what percentage of the clip if any could I safely use?
• Whether I'd take away biz from GE. Quite the reverse! I'd certainly link to the main gate of CNBC site. And while I believe that CNBC does have a commercial video clip service, we're hardly talking about a major loss of revenue.

Thanks,
David H. Rothman | rothman[_at_]clark.net | 703-370-6540 TeleRead: Bring the E-Books Home: http://www.teleread.org/ 805 North Howard St., Alexandria, VA 22304 Received on Tue Sep 29 1998 - 15:08:44 GMT