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I am afraid that the fact that the Hollywood Reporter was a commercial
publication and that the still was "miscredited" seem to have nothing to do
with this decision. The court ruled that there was no " fair use" and that
Feiner as the owner had to grant permission for the image to be used. While
I think this desision may have terrible impact on the use of stills in both
academic and commercial works, I must also confess that as a distributor I
am somewhat pleased that Feiner was able to go to court and protect his
rights. For the most part the academic community has always claimed " fair
use" for anything up to and including running films on closed circuit
systems and dubbing videos of anything they want to use. Most rights
holders do not have the time or money to go after this so it goes on
unchecked as " fair use". I doubt the Feiner case will cut back on anything
but the use of stills in publications but I hope it will give the academic
community something to think about regarding the use
of copyrighted material.
 
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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