Frankly Jeremy I am not sure either since the image in question had an
unusual history. It does seem as if this case knocks out the use of both
promotional stills and frame enlargements without permission. I think
everyone has kind of operated on the " we can get away with it cause no one
would really sue us"
principle. Mr. Feiner is well known for protecting his material very
zealously and it is unclear if major studios would do this ( they sure as
hell would not have sued The Hollywood Reporter). I think it is going to
make publishers VERY NERVOUS. I have noticed increasing requests here at
Kino from publishers wanting written permission for stills ( which by the
way we never charge for) and some of them want worldwide rights which is a
mess unless the film is PD in every part of the world. I imagine we will be
hearing a lot about this in the future.
 
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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Online resources for film/TV studies may be found at ScreenSite
http://www.tcf.ua.edu/screensite