Re: Reply: Reproducting stills and Fair
Use
I've resisted joining this
thread for five days now. But it doesn't seem like it is going to end
anytime soon. So here are a few notes:
1. Whoever quoted the four
principles on Friday had it right. (Lost the post.) That's what
lawyers think about fair use. It is really just a question of
money.
2. It is inconceivable that
stills (or even clips) used in real classes can be construed as
contravening existing US copyright law. It is equally inconceivable
that stills used in academic or critical books could be in
contravention. There is no case law on this that I know of. Show me
the money.
I am not a lawyer. Don't call me whedn Disney sues you.
3. All studio publicity stills
that I've ever seen are stamped "permission granted for newspaper
and magazine use only." It doesn't say books, but.... I know of
only one film book published in the last thirty years where the
publisher felt it necessary to buy permissions for all stills. I
forget the title, but it was published by Holt. It cost three times
the average pb book price at the time. Even frame grabs seem to fit
fair use when used in a critical context.
4. I got threatened with a
suit only once. And that wasn't about stills. Max Liebman was angry
enough about a reference in How To Read a Film (first ed) to
"Your Show of Shows" to sic the lawyers on us. The correct
title, he maintained, was "Max Liebman's Your Show of Shows."
He didn't mention the stills we printed. I promised to correct the
title in the next printing and he didn't sue.
(However, all the four hours
of footage on the DVD-ROM version of How To Read a Film was formally
licensed. It took years and cost a fortune. I am undecided whether or
not it was necessary. I think I could argue that the clips were fair
use.)
5. In the late 1980s we were
planning to publish a very good MS about The Mary Tyler Moore Show. Of
course we needed illustrations. The MTM production company refused to
provide them and threatened to sue if we published the book. Their
position was that any book about the show belonged to them. (It wasn't
just the stills, it was the characters, the plots, the
ideas...whatever!) This is absurd. But, guess what? We didn't publish
the book. Looking back I realize this was my first encounter with what
has come to be known as the "hi-jacking of copyright." What
was once intended to protect authors and artists has been twisted to
protect corporate revenue streams.
6. It has been clear for ten
years that copyright's days were numbered. If it's digital, it's free.
And ubiquitous.
There have been a lot of posts
on this topic the last few days, but I have received more adverts for
DVD copy software in that time period than Screen-L posts. Whether it
is VCD or "DivX" just about anyone can easily copy a
DVD-Video. Yes, these are reduced copies, but the authentic Pioneer
DVDr drive that cost $30,000 in early 2000 is now built into the
high-end iMac, which sets you back $1,799.
Here's a quote (fair use, I
hope) from Time online last week. This company was selling DivX movies
online from Taiwan for a buck each:
In an exclusive
interview with TIME
last week, Movie88.com founder S.E. Tan said that while he was aware
that the site violated U.S. copyright law, its operations were careful
to remain within its reading of the copyright laws of Taiwan, where
most of its servers are based. "We have spent three months
studying the law in Taiwan, talking to all the authorities we can
get," Tan said last week, before the latest action by the Taipei
authority. "According to the law, if a movie is not released in
Taiwan within 30 days of its release elsewhere, it is no longer
protected by Taiwan's copyright law."
Full story:
http://www.time.com/time/world/article/0,8599,203691,00.html
A whole other take on
globalization!
7. I am looking forward to the
death of copyright this year. I decided several years ago that
copyright--at least as we have known it--is counterproductive.
Imagine a world where you can't make money writing books, making
movies, recording music! (Well, the first is already
true.)
I can hardly wait! Think of
all the dreck that will disappear, almost overnight!
8. I'm not surprised this
thread has gone on so long. (What is the record for a Screen-L
thread?) The question of "Intellectual Property" is
fascinating.
There are several links you
might find interesting at http://readfilm/piracy.htm
Also, there's a great book
about the history of copyright by Paul Goldstein: "Copyright's
Highway." It is out of print but if you can find a copy, buy
it!
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