This IS the Avid L2: Re: [Avid-L2] I'm an editor, just shoot me

Fair Use is an interesting aspect of the First Amendment.

It is indeed something not to be trifled with. I agree its major uses are usually news, education, and docs, but it be can apply to narrative feature films as well. Few if any have ever done that but ours is one (Mandorla).

You just need to know the rules and guidelines (less than 2% from any source, and comprising no more than 10% of your total content), make a good case for the necessity and point of using it, and have the guidance of a good lawyer on board from the script stage through post (like Donaldson-Callif in LA), so you can and will get that critical E&O insurance that covers Fair Use and everything else.

---In Avid-L2@yahoogroups.com, <Steve@...> wrote :

Actually fair use does NOT apply to anyone. The main uses are news, education and criticism. It does NOT apply broadly.

Personal gain and fair use would only apply for news-which is broadly defined nowadays- or if you are a critic or teacher or researcher

I've worked on enough documentaries and needed to show the provenance of material or had broadcasters question the origin of stuff to know that copyright is not nearly that broad. Try sticking the Mickey Mouse ears on something and see how far you get.

Sent from my iPhone

On May 26, 2015, at 11:04 PM, 'Eric J. Gleske' eric@... [Avid-L2] <Avid-L2@yahoogroups.com> wrote:

Tom -

You missed my <sarcasm> tag. But last time I checked, "fair use" applies to anyone, not just news and media. Indeed, providing content via the web makes one part of the "media," and blogs are finding more and more case law supporting their status as "news" entities. Fair use can, in fact, be used for personal game, and often is, but it must be done within the guidelines set forth in 17 U.S.C. § 107.

But that's another piffle for another time.

Working at a university, it amazes me how many things people try to hide with "fair use" catch-all; and for things to be used online, far too many think the "normal" rules don't apply.

Eric Gleske
Somewhere in Oregon

On May 26, 2015, at 8:50 PM, Tom McDonnell ltr54@... [Avid-L2] wrote:

> Last time I checked "fair use" was for news and media use not a private youtube channel or personal gain. And generally copyrighted film or music is limited to 30secs to a minute for use in a news pkg unless otherwise approved by the company or artist.
>
> The only exception to that rule recently was Sony's "The Interview". I cut so much of that film in news pkgs I knew the film
> by heart.
>
> Tom McDonnell
> 818-675-1501
> www.tmcdonnell.com
>
> Sent from my iPhone
>