Forum Moderators: not2easy
> Is it ok if I have a caption that says
> something like "Copyright Universal Studios"?
No. Merely noting something is in fact copyrighted doesn't eliminate the need for permission to use their copyrighted work, particularly when the intent is to do so for your monetary gain.
Think of it this way ... would you want someone coming along and taking your work, slapping up a tiny note that it was your work and go about the process of making money off your work, without so much as a nod or a by your leave from them?
I have a similar section on one of my sites, and attempt to do everything I can to stay well within fair use guidelines that would apply if I were commenting on a book using quotes from it. Most of all, a high comment to picture ratio, being sure that the specific frames used are necessary for the specific commentary. For example, if I say the camera angle in a shot is particularly good for the purpose it's being used for, I might post a frame from the shot that shows this. My site tends to draw people who are interested in detailed analysis of specific scenes and shots, rather than a general review site, so it may be easier for me to stay very specific than it would be otherwise.
Actually, if you have a more general site, movie companies often have pictures they will send to you for any of their movies, with permission to use them on your site. Since I need more specific frames, that doesn't work for me.
The percentage of a work used is also a fair use consideration. A frame or two from a 2-hour movie is a lot different than a 15-minute video clip from a short documentary.
If I'm getting into an area that needs a higher frame shot/commentary ratio than usual, I put it on a password protected part of the site for use by members of a specific discussion group, rather than on the publicly accessible part of the site.
Being educational and not making money from use of the material isn't a "free shot," but it is a fair use consideration. I have ads in some sections of my site, but I keep them out of anyplace where I'm using frame shots as part of the commentary.
Another fair use consideration is whether your use of the material is likely to cause any loss/harm to the copyright owner.
I'm stricter with myself when using frame shots than I am when using quotes in my book reviews, because there are more considerations than the one copyright holder. For example, in California actors have some rights concerning use of their image, even though the production company might own the copyright to the movie.
I also have a "use of copyrighted materials" statement on my site detailing how I use the material (and how I don't use it) and stating unequivocably that at any request from a copyright (or other rights) holder, the material in question will be removed immediately.
Fair use is decided case-by-case, so there's no simple answer to where the lines are.
Fair use is decided case-by-case, so there's no simple answer to where the lines are.
And different interest groups will have different interpretations of where the lines should be. Even if you follow what YOU feel is a reasonable interpretation of fair use, you could still get sued.
Great example, Beagle, by the way.
The answer is Yes!...if they did what I would like to do; post the frame grab...give them credit (as I indicated I would)...and promote their product via an affiliate program. I would only make money by making them money.
My primary site is all about original content, & if I found someone had posted my images on their site with a credit to me & promoted my products, I'd be very pleased and would do what I could to help them out.
Beagle,
My application would be exactly along the lines you mention. I taught a film class & would love to post the curriculum along with links such as "if you would like to purchase the film I've talked about, you can get it here". Typically I show my own work and then examples from major films. For that, like you, I need a very specific shot. I can still do the affiliate thing just using press material...but then the site becomes alot less interesting.
FYI, from copyright.gov:
"How much of someone else's work can I use without getting permission?
Under the fair use doctrine of the U.S. copyright statute, it is permissible to use limited portions of a work including quotes, for purposes such as commentary, criticism, news reporting, and scholarly reports. There are no legal rules permitting the use of a specific number of words, a certain number of musical notes, or percentage of a work. Whether a particular use qualifies as fair use depends on all the circumstances. See FL 102, Fair Use, and Circular 21, Reproductions of Copyrighted Works by Educators and Librarians. "
The issue is that my site is not associated with an educational institution.
The issue is where exactly fair use stops, or where various copyright holders perceive it to stop.
Syzygy
That of course is the best policy. My original question was prompted by wondering what to do if no one responded. Seems to me that if one can document a good-faith effort to contact the studio, then that would be helpful.
Fortunately, in one case they have a quicktime (1 of many) on a webpage of the sequence I want, and this quicktime includes a link to what appears to be their copyright people. Worst case, I can just link to the page & direct my audience to the proper quicktime.
Some studios can be a bit funny and will only deal with you once your site is pretty busy. Then they and their PR agencies actually send you approved stills.
Some also have open publicity sites with no account needed. New Line and Lions Gate spring to mind. Others like Warner, Warner Indie, Paramount Classics, SPC, Disney, etc have PR sites where you need to apply for an account. Some have none and email you direct once you are on their radar. I don't think Universal have one. It can be a lot of work to get hooked up with everyone, but well worth it in the long run.
Also if you are in the UK then films often have different distributers and PR agencies.
For smaller films you will probably find it easier to get media assets and access to junkets etc. IMDB or any large movie site will usually have official site links, which often have a press page where you can grab some assets or contact them.
I would seek out official stills if you can.
I was trying to check the rule on links and could nto find anything. Anyway here are two for the open ones:
[moviepublicity.com...]
Thanks so much. Thats really helpful info! I still kind of have the issue as before in that I'm looking for very specific kinds of shots, transitions, etc. However, following the route you've suggested has turned up useful material and contact info.
No problem. If you are after specific shots to illustrate something in the review then I would reckon they would have no problem with you using...within reason. But always good to shift the official stuff. Plus you can add the new media as it is released giving something else for your punters to look at.
With studios just keeping pluggin away, it can take a while to get everyone as a contact but worth it. If you can get into the online critics society as on Rotten Tomatoes, they will furnish you with lots of contacts as well.
Anyway, good luck!
