The problem is actually two fold. It is a publisher in the UK, which generally has much more restrictive copyright laws and for which the term "fair use" is not as far as I know very common. The BIGGER problem is that the publisher is requesting it. It could be a still from BIRTH OF A NATION and you would probably have to provide them a lawyers opinion that the film is PD and thus OK to use. It has become very common for publishers to request worldwide rights which is a particular nightmare.
I know of no case in the US in which a publisher got in trouble for using a movie image that was not cleared, but it could have happened. However if the publisher requires a clearance it is likely to take some time and money. One cautionary note. Many publicity stills ( as opposed to scene stills) were copyrighted to often noted photographers and those would require clearance. Jessica On Tue, Mar 23, 2010 at 9:17 PM, Brewer, Michael <[email protected]> wrote: > Were this a US publisher, I'd tell the student to suggest they think about > fair use (I know, fat chance they would, but..). I assume this is a scholarly > publisher, not something focused on film stills for their sake. The fairly > recent case involving DK publishers and the Grateful Dead, I think is > pertinent here (publishing smaller image of a grateful dead concert poster to > illustrate something). > > I am sure others have different opinions. > > mb > > ________________________________________ > From: [email protected] > [[email protected]] On Behalf Of Jessica Rosner > [[email protected]] > Sent: Tuesday, March 23, 2010 5:53 PM > To: [email protected] > Subject: Re: [Videolib] Copyright Question on movie still image > > I don't know who holds the worldwide rights , but it is most likely > one of the large French companies. I would try to see who originally > released it, otherwise perhaps someoen at Janus could look it up in > their data base for you . Since they handle it in the US they would > know who owns it. Good luck as some French companies are very > expensive. > > On Mon, Mar 22, 2010 at 3:29 PM, Chuck McCann <[email protected]> wrote: >> A PhD student wants to use a still-image from a movie to illustrate her >> article, but the article publisher (Berg Publishers, UK) wants to make sure >> she obtains the copyright holder permission or clearance to use it. >> >> The movie is Playtime by Jacque Tati (1967). >> >> -- >> Chuck McCann >> Strozier Library Scholars Common >> 850-644-5924 >> http://guides.lib.fsu.edu/multimedia >> http://guides.lib.fsu.edu/profile.php?uid=12569 >> http://www.youtube.com/user/fsulibraries >> >> VIDEOLIB is intended to encourage the broad and lively discussion of issues >> relating to the selection, evaluation, acquisition,bibliographic control, >> preservation, and use of current and evolving video formats in libraries and >> related institutions. It is hoped that the list will serve as an effective >> working tool for video librarians, as well as a channel of communication >> between libraries,educational institutions, and video producers and >> distributors. >> >> > > VIDEOLIB is intended to encourage the broad and lively discussion of issues > relating to the selection, evaluation, acquisition,bibliographic control, > preservation, and use of current and evolving video formats in libraries and > related institutions. It is hoped that the list will serve as an effective > working tool for video librarians, as well as a channel of communication > between libraries,educational institutions, and video producers and > distributors. > VIDEOLIB is intended to encourage the broad and lively discussion of issues > relating to the selection, evaluation, acquisition,bibliographic control, > preservation, and use of current and evolving video formats in libraries and > related institutions. It is hoped that the list will serve as an effective > working tool for video librarians, as well as a channel of communication > between libraries,educational institutions, and video producers and > distributors. > VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors.
