#1 isn¹t true but the rest are. Fair Use for critical commentary is a real thing, at least in the United States, for US-originated publications. (Copyright law is different from country to country, although the US & Europe at least have been working to sync up their laws.) Just because artists or distributors or film studios don¹t want it to be doesn¹t mean it isn¹t; to the best of my knowledge, no one has ever sued on that point and won, as they know that a more likely result would be that they would lose.
In addition, something is never plagiarism if it is credited. (It might be other things, but not ³plagiarism².) And an image to illustrate a point that you are making in an academic context also isn¹t ³plagiarism². However, using an image without permission for advertising or marketing is not fair use. You can¹t use it on the cover of a book or in an ad without full permission. But the other reasons are more then good enough to ask permission from the artist. It¹s also good form, and to let someone know that their work is being discussed, which might lead to some publicity, and good dialogue. And most people in my experience do let you use it for free. Best regards, Adam (I also have extensive experience doing rights & clearance work for a living) On 10/1/15 4:50 AM, "Amanda Christie" <ama...@amandadawnchristie.ca> wrote: > Yes but for every asshole, there are probably 5 people who will allow you to > use the image for free. Just ask. > > Here are some solid reasons why you should approach the owners of the image: > > 1. If this is an academic publication, you absolutely need to get the > artists' permission to use the image, otherwise it falls under plagiarism. > > 2. If you get the image from the artist or their distributor the image will > be of much higher quality than from a screen grab > > 3. If the artist or distributor does charge a fee, it likely won't be > exhorbitant. In Canada, the organizations CARFAC and CARCC set fee schedules > as guidelines for the cost of licensing to reproduce images... and the fees > vary depending on what you're doing with them (i.e. type of publication, > whether it's for sale or not, print run, etc.) > You can find the list of their fee schedule here: > http://www.carcc.ca/fee_schedule_2015_2_reproduction.html > > 4. Integrity: Getting an artist's permission to reproduce their image is a > good thing to do if you are using it to talk about their work or to illustrate > something. Don't steal it or plagiarize. > > > On 2015-10-01, at 7:40 AM, marilyn brakhage wrote: > >> Well -- yes. That's probably true too. >> >> Marilyn >> >> >> On 30-Sep-15, at 8:58 PM, Chuck Kleinhans wrote: >> >>> However, you don¹t have to spend much time in the experimental film >>> community to run into artists who have a vastly inflated opinion of >>> themselves, incredible insecurities, and just plain nuttiness. They may >>> never answer you, insist on reviewing everything you are saying about them >>> for pre-approval, or want to gouge you. >> >> _______________________________________________ >> FrameWorks mailing list >> FrameWorks@jonasmekasfilms.com >> https://mailman-mail5.webfaction.com/listinfo/frameworks > > > > _______________________________________________ FrameWorks mailing list > FrameWorks@jonasmekasfilms.com > https://mailman-mail5.webfaction.com/listinfo/frameworks
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