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September 1997, Week 3


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Imre Szeman <[log in to unmask]>
Reply To:
Film and TV Studies Discussion List <[log in to unmask]>
Tue, 16 Sep 1997 14:38:14 -0400
TEXT/PLAIN (52 lines)
I just want to confirm Jessica Rosner's suspicions on the basis of my own
limited experience with this matter. I have had to retool a critical
documentary that a friend and I are planning on certain aspects of
Hollywood film due to legal issues arising from the use of stills and
film clips. The intellectual property lawyer that we have been consulting
with suggested that while it is likely that the use of stills, etc.,
falls under fair use, definitions of fair use with respect to film images
have not been legally tested -- at least not in Canada (this may be
different in the U.S.). After
hearing this, our initial producer wanted nothing to do with our film.
And, alas, since neither of us have deep enough pockets to take on the
studios even in a winning cause (though their is nothing to ensure this),
we are stuck until we get more info on legal definitions, recent changes,
Imre Szeman
On Tue, 16 Sep 1997, Kino International Corporation wrote:
> Date: Tue, 16 Sep 1997 09:02:00 -0400
> From: Kino International Corporation <[log in to unmask]>
> To: [log in to unmask]
> Subject: Re: Stills for book
>   The use of stills can be tricky. I have been told that if you ask a
> studio for permission, it is VERY EXSPENSIVE. The question is, do you need
> their permission ? Most people avoid the problem by useing publicity stills
> which the studio/ distrubutor put out themselves and should not require
> clearence. If you want a specific image, it may well fall under fair use. I
> have never heard of anyone being sued over this,but I am told many
> publishers are leery . However I would avoid talking to any studio legal
> dept. at all costs.
> Good Luck
> Jessica Rosner
> Kino
> Kino International Corporation
> 333 W. 39th St. Suite 503
> New York, NY 10018
> (212)629-6880
> fax: (212)714-0871
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