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Author Topic: Is this fair use?  (Read 479 times)

bambel

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Is this fair use?
« on: 08-06-10 at 06:12 am »

Hello, I'm using clips from national news of the oil spill to make a political ad to "document" what happend and theirs one clip in particular I'm not sure of in the clip taken from NBC Nightly news that has a minor making a brief statement about that oil spill. Fair use?

I should mention the clip in question is like 2 seconds long, since I know length is relevant.

To explain the clip better well, everyones seen the news before where they are getting on camera statements from people around the area of the event being covered.

I'm fairly confident that it is covered, I'm just concerned that the person being a minor would somehow overrule fair use?

I'm not even worried about NBC having a problem with it at all, what has crossed my mind though is that perhaps the parents of this minor were to see their daughter in a political ad that documents a major news event and are upset because the ad is attacking the party they support.


« Last Edit: 08-06-10 at 07:25 am by bambel »
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bambel

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Re: Is this fair use?
« Reply #1 on: 08-06-10 at 05:02 pm »

Thoughts on this anyone?  ???
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Kaitlin

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Re: Is this fair use?
« Reply #2 on: 08-06-10 at 08:12 pm »

This is one in which you really want someone who knows this area of copyright to weigh in.  And I'm not that person.
My gut, however, sends up warning signals about using anyone else's clip that shows an interview--particularly an interview of a minor. 
(If you're running a political campaign, it would be good to have your own counsel on board to check into this.)
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This post is an off-the-cuff musing and should not be misconstrued as legal advice. THERE IS NO ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. Proper legal advice requires full disclosure of facts-not appropriate to a public forum-and attorney research time and effort which has not been expended here.

MYK

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Re: Is this fair use?
« Reply #3 on: 08-06-10 at 08:40 pm »

I'd be concerned about right-of-publicity issues no matter what the person's age;  it's one thing for some sleazeball politician to use a clip of his opponent who is another sleazeball politician, quite another to harp on some man-on-the-street.  Also, I don't think that "fair use" is going to get you a lot of mileage in the situation you describe.  But I'm not a copyrights nerd in the slightest, so feel free to ignore.
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Disclaimer: not only am I not a lawyer, I'm not your lawyer.  Therefore, this does not constitute legal advice.
 



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