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(Message started by: Keith on May 4th, 2006, 7:14am)

Title: Newspaper headlines
Post by Keith on May 4th, 2006, 7:14am
Hello,

I am wondering if a newspaper headline falls under copyright laws.
I am putting together a small flash movie of newspaper headlines that will fade in and out relating to Underage Drinking in North Carolina.

It would be something very similiar to this:
www.mudpc.org

Thank You,
Keith

Title: Re: Newspaper headlines
Post by Tomcat on May 12th, 2006, 4:19am
Newpaper headlines are copyrighted as defined in contracts and company policy.

This sounds like an educational movie, not for profit and that would fall under fair use.


Quote:
TITLE 17 > CHAPTER 1 > § 107

§ 107. Limitations on exclusive rights: Fair use
Release date: 2005-08-01

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The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

http://www.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000107----000-.html


But this is no legal advice.

Title: Re: Newspaper headlines
Post by JSonnabend on May 12th, 2006, 7:52am

Quote:
But this is no legal advice.

It's good that your not offering legal advice (it certainly sounded like it, though) because it's pretty much as incorrect as it is incomplete.

It never ceases to amaze me how many people say essentially, "I have no idea what I'm talking about, but here's my answer to your question."  Rightly or wrongly, people rely on the advice they receive in these forums in making decisions on their conduct.  Relying on blatantly wrong (or incomplete) advice masquerading as sage wisdom can land these people in a world of trouble -- real dollars and cents, lose your savings type trouble.

- Jeff

Title: Re: Newspaper headlines
Post by Keith on May 12th, 2006, 1:38pm
Ok  ???

So what is the correct answer?

Title: Re: Newspaper headlines
Post by Tomcat on May 13th, 2006, 9:08am

on 05/12/06 at 07:52:36, JSonnabend wrote:
It never ceases to amaze me how many people say essentially, "I have no idea what I'm talking about, but here's my answer to your question."  Rightly or wrongly, people rely on the advice they receive in these forums in making decisions on their conduct.  Relying on blatantly wrong (or incomplete) advice masquerading as sage wisdom can land these people in a world of trouble -- real dollars and cents, lose your savings type trouble.

- Jeff


Excellent point.

What was "blatantly wrong (or incomplete)", "incorrect as it is incomplete" and "advice masquerading as sage wisdom"?

Please complete this.

Is this NOT fair use?

Title: Re: Newspaper headlines
Post by Tomcat on May 13th, 2006, 9:30am
For a drunk driving awareness video?

Title: Re: Newspaper headlines
Post by Tomcat on May 13th, 2006, 9:31am
What are you talking about?

Title: Re: Newspaper headlines
Post by Tomcat on May 13th, 2006, 9:35am
TITLE 17 CHAPTER 1 § 107


Quote:
for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright


for a flash movie? Swf?

Title: Re: Newspaper headlines
Post by Isaac on May 13th, 2006, 1:05pm
The problem with asking whether an activity X is fair use is that fair use analysis is very fact driven.   If I were going to give an answer worth relying on I'd want to know as much as possible about the usage, and I'd want to do some homework that I'd have to charge for.

The only exception to that is for situations where the a trivial amount of material is used or for situation which are close to some settled caselaw.

In this case, the headlines themselves are probably not protected by copyright anyway.

Title: Re: Newspaper headlines
Post by JSonnabend on May 15th, 2006, 10:50am
You said:


Quote:
This sounds like an educational movie, not for profit and that would fall under fair use.

which sounded to me to be an unqualified "go ahead".  As an attorney dealing with copyright, I am accutely aware that virtually no fair use question ever has a simple "yes" or "no" answer.

So rather than having me prove a negative, why don't you provide support for your conclusion -- support beyond merely quoting the statute.

Or perhaps you're saying that any "educational" use of any copyrighted work is fair use?

- Jeff



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