And as a matter of fact, that example constituted Fair Use. That case is actually pretty famous as I recently learned, and it wasn't because the right necessarily needed to be cleared, but that distributors often require that works be over-cleared. This is because their insurance providers demand it.
-josh On 3/16/06, hpbatman7 <[EMAIL PROTECTED]> wrote: > I became numb reading the comic.........it was very good stuff and > it really does highlight what is wrong with the current copyright > situation......$10,000 for a 4 1/2 second clip of the Simpson's > playing in the background in a documentary.......that is just > freakin stupid.........I am left speechless, I really am.. > > Heath - Batman Geek > http://batmangeek7.blogspot.com > > > --- In [email protected], Andy Carvin <[EMAIL PROTECTED]> > wrote: > > > > Hi everyone, > > > > Sorry if this has been posted already (man, it's hard to keep up > with > > you guys), but I just wanted to post a note about a must-read > comic book > > on copyright and fair use. > > > > The Center for the Study of the Public Domain, in an effort to > educate > > content producers about the realities of copyright, have published > an > > amazing comic book called "Tales from the Public Domain: Bound by > Law?" > > (http://www.law.duke.edu/cspd/comics/) The comic book, available > in > > various digital formats as well as on paper, is an entertaining, > highly > > informative about the often-confusing world of copyright law. > > > > The book follows the story of a documentary maker putting together > a > > film about life in New York City. ("Trapped by a STRUGGLE she > didn't > > understand.... By day a FILM MAKER... By night she fought for FAIR > > USE!") As she's gone around and captured scenes for her film, > she's also > > picked up incidental uses of other people's work - a saxophonist > playing > > a song, a sign in the background with a company logo, public TV > screens > > showing images of Bart Simpson. These scenes are a reality of > modern > > life, yet they're a nightmare for documentary producers. As the > comic > > book notes, one producer was forced to remove footage that > featured > > someone whose mobile phone ringtone happened to be the theme to > the > > movie Rocky because they couldn't afford to pay the song's > publisher > > $10,000 for including it. In other cases, important works like the > civil > > rights documentary Eyes on the Prize get locked away for years > because > > the producers couldn't afford to pay for the clearance rights of > > incidental music. (Thankfully, Eyes on the Prize will finally air > again > > on PBS this fall, after years of fundraising to pay for clearance > fees.) > > > > The question is, who's in the right? When does the incorporation > of > > someone else's creative work into a new work constitute fair use, > and > > when does it cross the line? > > > > Page after page, the comic goes through examples of producers > who've > > found themselves in difficult circumstances because they allowed > > themselves to get pushed around by big-media lawyers - even when > their > > use of someone else's content is justifiably fair use. It's > intended to > > give producers confidence when it comes to using someone's content > in a > > fair use context, explaining when the law is on their side and > when it > > isn't. > > > > Read more here: > > > > http://www.andycarvin.com/ > > permalink: > > > http://www.andycarvin.com/archives/2006/03/fighting_copyright_i.html > > > > -- > > ------------------------------ > > Andy Carvin > > acarvin (at) edc . org > > andycarvin (at) yahoo . com > > > > http://www.digitaldivide.net > > http://www.andycarvin.com > > ------------------------------ > > > > > > > > > > Yahoo! Groups Links > > > > > > > Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/videoblogging/ <*> To unsubscribe from this group, send an email to: [EMAIL PROTECTED] <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/
