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Mr. Media, all the videotapes I rent from the store contain that FBI warning label prohibiting duplication. Are these similar to those furniture tags that I sometimes remove under penalty of law?!
Well, that depends. Do you pay your income taxes? Copyright and intellectual property are serious business, protected by U.S. law to guarantee the interests of the copyright holder. Let me rephrase this: My granddaughter loves Martha Grahm. Can I go ahead and make a duplicate of one of her dance programs from my video store? It would be for home use only. You shouldn't do it, even though you probably won't be caught. However, don't you want to set a good example for your granddaughter? On the other hand, she would have been able to show you how to download music from Napster. I teach at a local community college. Would I be able to show a videotape program to my class in face-to-face instruction without paying a licensing fee? Yes, with my blessing! O.K., how about this?: I taped a program from mu local PBS affiliate. May I show this in class without compunction? Yes, but you'd better hurry! In general, you're permitted to show it once or twice in each of your classes during the first ten days after broadcast. After that, you should consider paying a licensing fee to PBS. May i screen this same program at my Rotary Club? We're charging a $4 admission fee. Sorry, but copyrighted programs may not be used for commerical or entertainment purposes, without express written permisison from the copyright holder. Mr. Media, you're no fun! Let's see if I can stump you!: Our Theater Department is producing Shakespeare's Twelfth Night. The director wants to open the |
production by screening about 90 seconds from the film, Shakespeare in Love. Even though tickets are $5 at the door, wouldn't such a short portion be considered for fair use? I mean, it's an educational environment. Educational or not, you're still charging admission. The film is a commercial entity. It's best to seek written permission from the copyright owner. In most cases, they will be lenient or forgiving. I'm beginning to get your drift. But one last question: Our college has a required reading, Having Our Say. Our Media Center has a copy of the film, made for Hallmark hall of Fame television. We're building a Website connected with it, and we'd love to stream the entire video as part of it. Can we do this? We already own a copy. Humm, that's a tough one. I've got a number of questions for you: Is this website part of your Collge's homepage (i.e., accessible on the free Internet)? Then things don't look very good. If the site's on Blackboard, password-controlled, with limited enrollment, then things are a bit better. But does your network server have enough broadband space to capture this video? Better check it out. However, this is moot because the film is a commerical product and you're going to need - Everybody, now! - written permission from the copyright holder and, most likely, payment of a licensing fee, which is their bread and butter. Then, all the releases from the talent, but we can't even go into that now. Just to sober you: a 30-second clip may be considered "fair use" but it's probably better to pursue footage that is publicly available, like the original trailer. Aren't you sorry you asked? My recommendation: Put the film on reserve and buy some additional copies. End of story. Well, I've gained from this. Any final words, Mr. Media? From experience, I've learned to err on the side of caution. It's good business -- as well as ultimately time -- and cost-effective -- to seek and clear all rights and permissions in advance. I'm not an attorney myself, so feel more secure consulting legal counsel. I can sleep better. My rule of thumb: When in Doubt, Don't Do It! |
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