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Can you use a newscast clip in a project?

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Brian TetamoreCan you use a newscast clip in a project?
by on Dec 8, 2008 at 8:04:38 pm

Just by asking, I think I've answered my own question, but I'm wondering if there are actual guidelines out there to reference or follow. I often have clients who have a news story produced about their nonprofit. They then want to incorporate that story into a video brochure to obviously promote their nonprofit.

Can a production house include that news story in a finished video brochure/promo?
And then, can the client put that video up on, yes you guessed it, YouTube?

The Visual Rabbi


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Mike SmithRe: Can you use a newscast clip in a project?
by on Dec 9, 2008 at 12:04:27 pm

Not without permission from the rights owner.


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Tom MaloneyRe: Can you use a newscast clip in a project?
by on Dec 10, 2008 at 12:18:35 am

This answers a lot of questions

http://www.centerforsocialmedia.org/resources/fair_use



Tom

" EVERY DAY IS A GIFT, which is why we call it the present"

Alfred Hitchcock


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Brian TetamoreThanks - Re: Can you use a newscast clip in a project?
by on Dec 10, 2008 at 1:46:37 am

Thanks Tom. That's a great resource. I've already done some reading.

The Visual Rabbi


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Mike SmithRe: Thanks - Can you use a newscast clip in a project?
by on Dec 10, 2008 at 1:04:45 pm

Some more reading from
http://www.copyright.gov/fls/fl102.html
http://www.copyright.gov/title17/92chap1.html#107

§ 107. Limitations on exclusive rights: Fair use40

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.


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Ron LindeboomRe: Can you use a newscast clip in a project?
by on Dec 10, 2008 at 2:46:12 pm

Ooops, sorry for posting before I have even really woken up or had my morning coffee.

I began focusing on the replies and not on the original question and it slipped my as yet pre-caffeinated brain that this was a non-profit.

Now where's that coffee pot? Oh wait, it's 6:45am and I have yet to make it.

Oh well.

Boomer


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