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Political Video Commentary Rights?

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Brian TetamorePolitical Video Commentary Rights?
by on Aug 13, 2009 at 4:19:50 am

Does anyone have any insight or advice regarding what you can and can't do when producing a video of political commentary? My understanding is that one is covered by the Fair Use act as long as you are not selling the video. Specifically, what rights, if any, do you have in using video from other sources like YouTube, C-Span, and so forth?

An example would be the latest video by NakedEmperorNews.com that plays Obama stating his desire for a single payer system and government take over of private health industry (Which of course he says was taken out of context.)

Thanks

The Visual Rabbi
TheVisualChurch.com
"Crafting Visual Messages to Engage and Persuade"


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grinner hesterRe: Political Video Commentary Rights?
by on Aug 17, 2009 at 11:59:02 pm

You have no rights to it. When people don't sell videos, they just assume nobody will see it. That is true if playing it in your living room only but the piracy happened when you copied it.



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Brian TetamoreRe: Political Video Commentary Rights?
by on Aug 18, 2009 at 12:04:14 am

Your answer makes sense.

So, then how do all these orgs like MoveOn.org, TheNakedEmperor, and on and on get the rights to use the clips of political leaders?

Thanks in advance,

The Visual Rabbi
TheVisualChurch.com
"Crafting Visual Messages to Engage and Persuade"


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David Roth WeissRe: Political Video Commentary Rights?
by on Aug 18, 2009 at 12:36:45 am

Grinner's answer is actually overly simplistic. The concept of fair use actually does exist and it can apply to political commentary, and furthermore, in the proper instance it could give one the right to use clips from all of the outlets you asked about. However, the fair use doctrine is complicated, the fair use defense can be quite expensive, and before anyone heads down that path he or she should consult with a qualified media savvy attorney. Meanwhile, Google "Michael C. Donaldson on fair use" and read about the latest fair use and clearance related issues for indie filmmakers.

David Roth Weiss
Director/Editor
David Weiss Productions, Inc.
Los Angeles

POST-PRODUCTION WITHOUT THE USUAL INSANITY ™


A forum host of Creative COW's Apple Final Cut Pro, Business & Marketing, Indie Film & Documentary, and Film History & Appreciations forums.


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Brian TetamoreRe: Political Video Commentary Rights?
by on Aug 18, 2009 at 1:33:12 am

Great info. I'll get Mr. Donaldson's book for sure.

Thanks guys,


The Visual Rabbi
TheVisualChurch.com
"Crafting Visual Messages to Engage and Persuade"


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