To add to David Tetzlaff's comments, first...I wholeheartedly agree. In addition to Fair Use though, look up and read specifically about the concept of "derivative work". Classic example: Andy Warhol takes the Campbell's Soup or Brillo "branding" AS IS...but by recontextualizing it, he creates a derivative work. As first read of the description of your project, it sounds a lot more like this would fall specifically into the derivative work category, making an even stronger case for fair use. Because it's a derivative work...you're basically taking the idea of the article and deriving NEW fixed and tangible context/content, making YOU the owner should any gallery owner want to see the releases. Your work, your release to exhibit.
Now, that being said, I'm not a lawyer, caveat emptor, disclaimer disclaimer disclaimer, blah, blah, blah. But if it comes to having a lawyer friend review stuff for you, derivative works would be the sub-category of fair use that'll best CYA as I understand what you're trying to do. -- Dan Wilson. INTJ. Art. Music. Film. Bartoli Filmworks - Milwaukee, WI 414.573.3456 "Don't be trapped by dogma -- which is living with the results of other people's thinking." -Steve Jobs On Thu, Feb 20, 2014 at 6:40 PM, David Tetzlaff <[email protected]> wrote: > > as one friend who works in the business cautioned: my project and I are > on their radar now. > > There is ZERO chance the NYT will sue you. They might not even send you a > cease and desist letter. Copyright holders only go after people with money > they can earn a judgement from, or people they see as "damaging their > brand" (c.f. the Tom Forsythe Foodchain Barbie case). > > The Times isn't your problem. If you want to show the film around in > public, enter festivals etc., the exhibitors/distributors will typically > demand that you have clearances for any copyrighted material, or they may > not show your work. (Open-and-shut Fair Use should be an exception, but > sometimes the curators are really chicken-s**t). The smaller and more > 'alternative' the venue, the less likely they are to care. > > > Should I try to talk them down? > > No. Waste of time and energy. > > > Should I claim "fair use," and use the text anyway? > > It's not Fair Use, as long as your script is substantively similar to the > published text. > > > I'd appreciate any advice or hearing about your own experiences with > this. > > Ted and carlileb's ideas are good. Write your own script that paraphrases > the original. An 'idea' cannot be copyrighted, only a "fixed and tangible" > form in which that idea is expressed. > > _______________________________________________ > FrameWorks mailing list > [email protected] > https://mailman-mail5.webfaction.com/listinfo/frameworks >
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