I would agree with Dave except for the description of bullet-proof.
Yes, it most
likely would be fair use and would stand up in court. But to be
bulletproof, that would entail hiring a lawyer like Michael Donaldson of
 Donaldson + Callif (Los Angeles) or J.Stephen Sheppard of Cowan DeBaets
Abrahams and Sheppard (New York) to vet your Fair Use and from that, to get
E&O insurance to back up the claim.
​ ​
I think
 Continental and Axis were the cheapest. But that's about $10,000 to
$15,000, so
​
if it's only one or two clips, it's cheaper to pay for rights if you want
to be bulletproof without the E&O.


Best regards,
Dennis Doros
Milestone Film & Video
PO Box 128 / Harrington Park, NJ 07640
Phone: +1 201-767-3117 / Email: milefi...@gmail.com
www.milestone.film


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On Sat, Jul 15, 2017 at 10:13 PM, Dave Tetzlaff <djte...@gmail.com> wrote:

> For an “essay film” I’d guess the way you’d incorporate only “some clips”
> would be textbook Fair Use, and you shouldn’t have to pay anything for
> rights or obtain permission from anyone. You can check out the American
> University Center for Media and Social Impact (formerly The Center for
> Social Media IIRC) which publishes a series of ‘Best Practices’ guidelines
> for different categories, all of which have been vetted by top IP experts
> in legal practice and academia and been declared “bulletproof”.
> http://cmsimpact.org/program/fair-use/
>
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