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Dvader
07-07-2004, 03:43 AM
This is a question regarding all types of archived footage.

If I wanted shots of something, such as the 9/11 attacks, where would I go about finding clips that I am allowed to use?
Does each clip need to be authorized?
Are there some clips that do not need licensing?
Is there any type of database where you can search clips and pick them to use/buy?

Thanks a lot for any help!

D

Slapdragon
07-07-2004, 08:41 AM
This is a question regarding all types of archived footage. *

If I wanted shots of something, such as the 9/11 attacks, where would I go about finding clips that I am allowed to use?
Does each clip need to be authorized?
Are there some clips that do not need licensing?
Is there any type of database where you can search clips and pick them to use/buy?

Thanks a lot for any help!

D

What you need is called stock footages. It is rarely free, and their are databases and catalogs of it.

There are some companies that handle this sort of thing as a business model, for example http://www.buyoutfootage.com/ allows for buyouts meaning once you own the footage, it is yours to do with at you please. Many organizations also provide this service as a side line - usually for limited use. You can contact CBS for example and ask for footage of a certian event from their morgues and they will charge you research time and cut a contract for the use of x footage in y programe, charging you z. Negotiated footage cannot be reused.

Finally, you can check with the visual images center at NARA (in Virginia) and various museum and university footage holdings to see if you can get open, noncommercial versions of footage.

Dvader
07-08-2004, 03:15 AM
Thanks alot for the information!

What about a video of a kid falling off his bike at like a humor website, does that site have a particular license to display that video?

D

Dvader
07-08-2004, 04:07 PM
Terms and conditions of the website may also say that you can download the clip to watch yourself but not use it in any way, shape, or form. *How would anyone know where you got the clip from if it is just some home video passed around on the internet? What if someone had d/l a video then passed it to others through Kazaa? Does one need to be concerned?How does someone find the copyrights then?
Also what about the copyright on screen grabs from other films, as long as the msg of the original film is intact is it okay to use a clip or dialogue soundclip from other movies?

Thanks for any help on this, these are questions I really need answers to.

D

Slapdragon
07-08-2004, 10:40 PM
Terms and conditions of the website may also say that you can download the clip to watch yourself but not use it in any way, shape, or form. *How would anyone know where you got the clip from if it is just some home video passed around on the internet?

The assumption is that you must be able to show you have the right to use the video from the actual person who owns the rights. No way to get it from dumbass.com and claim they let you use it, you are still a ;plagarist.


What if someone had d/l a video then passed it to others through Kazaa?

You are also liable.


Does one need to be concerned?

Yes, you can loose your butt in the wrong situation. Mistakes do happen, and often all that would happen is a letter in the mail (happened to me with music that I thought was open because of its age, but I was wrong by several years) but at the worst it can be a terrible do.


How does someone find the copyrights then?

Sometimes it is impossible. With most work, you want to stick with reputable sources. CBS wont gaff you, but flybynight.com might.



Also what about the copyright on screen grabs from other films, as long as the msg of the original film is intact is it okay to use a clip or dialogue soundclip from other movies?

Read up on fair use. In some limited cases, when using the clip in a critical manner or for educational uses, a small portion of the media in question may be used under the rights of fair use. If your work is noncommercial, you are ok to use a single frame, a series of frames, or a small short clip of a film inside of your own work. For example, I take screen grabs of movies for teaching purposes and copy them to tests, which is a taking, but ok under fair use.

Dvader
07-09-2004, 01:08 AM
Thanks Slapdragon that was some good info :)

When I say screen grab I do mean a single frame from the movie, so that seems okay to use no problem?
Like if I showed a frame of Tom Hanks in Forest Gump then next a frame of Tom Hanks from Big that would be okay?
If I wanted to use a few seconds of a long video, or only a single frame, of a kid falling off his bike from dumbass.com, that is still plagarism and I need to find the copyrights of this funny home video?

Thanks again!

D

Slapdragon
07-09-2004, 02:52 AM
Thanks Slapdragon that was some good info :)

When I say screen grab I do mean a single frame from the movie, so that seems okay to use no problem?

Under certian very limited circumstances, called fair use, you may use small portions of a copywritten article. In general, the industry likes to consider any use illegal, but the law allows nonprofit or educational or critical use of a limited portion of media in another, as long as you do not substantially take from the parent work. In addition, 17 USC 504(c)(2) says that if you do violate fair use, but do so reasonably expecting that you were doing the right thing, no damages may be sought.

Now here fair use gets tricky. There are basically four factors which are considered for fair use, and judges make the decision on a case by case basis, so you can never really know if you are in the right until after you are sued. The four factors of fair use are:

1. What is the character of the use?
If you are making a nonprofit, educational, or personal use you are best off. If you are making commercial use you may be in trouble.

2. What is the nature of the work to be used?
Facts cannot be copywritten, but creative expression can be and is. A quote from a database is less likely to cause problems than a frame from a movie.

3. How much of the work will you use?
The more you use, the more likely you will get in trouble.

4. What effect would this use have on the market for the original or for permissions if the use were widespread?
This means that an ancient, out of print album with no commercial value is more open for use than a current hit.

The general rule of thumb, unless you are a teacher, is to get permission for everything you use in your project.



Like if I showed a frame of Tom Hanks in Forest Gump then next a frame of Tom Hanks from Big that would be okay?

It depends on the above factors. You are better off getting permission.


If I wanted to use a few seconds of a long video, or only a single frame, of a kid falling off his bike from dumbass.com, that is still plagarism and I need to find the copyrights of this funny home video?

You still must get permission.

mjhardin
07-09-2004, 08:43 PM
For what it's worth, a good rule of thumb to follow is if you aren't sure you can use it don't.

If you need moving images, go to http://www.archive.org. They have several archives of moving images < the fantastic Prelinger collection for example.>that are in the public domain [i.e., no permission, no fees, no negotiations, etc.].

I'd also go to http://www.creativecommons.org. They have resources for music, [limited] moving images and stills.

But regardless of where you go READ the USAGE REGULATIONS. Some artist only want a credit, some want to discuss the project [most don't want to end up in illeagal porn or racist/hate works]. Just read what their requirements are and comply, comply, comply.

You should also look at the moving image archive at NASA, Langley Air Research Center and the Library of Congress.

Stay away from famous faces [you have to pay and agent, a manager, the star, the owner of the film--you get the idea].

Just some advice from a filmmaker who has depended on Public Domain material for the past few years.