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use of Democratic Convention broadcast
A client whose business is going to be mentioned by one of the speakers at the Democratic Convention has asked me whether we can record and use video of this speech.
If she records the CNN or public tv feed, would she need permission to use the footage?
Bob C
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23 Replies
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[Bob Cole] “If she records the CNN or public tv feed, would she need permission to use the footage? “
Yep. CNN owns the transmission of that programming and you cannot simply lift CNN’s coverage unless it is a “fair use” broadcast. Same with the Public TV feed. The DNC owns all rights to the images broadcast from that event and you need authorized permission to use those images and sound. Just like any other broadcast show.
Walter Biscardi, Jr.
Biscardi Creative Media
HD and SD Production for Broadcast and Independent Productions.STOP STARING AND START GRADING WITH APPLE COLOR Apple Color Training DVD available now!
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[Bob Cole] “would she need permission to use the footage?”
Bob, not that matters much, but what does she want to use it for? Her company website, television?
David Roth Weiss
Director/Editor
David Weiss Productions, Inc.
Los AngelesPOST-PRODUCTION WITHOUT THE USUAL INSANITY ™
A forum host of Creative COW’s Apple Final Cut Pro, Business & Marketing, and Indie Film & Documentary forums.
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website I think. Very benign — about how the company is providing needed jobs.
I guess Stephen Colbert’s use of Fox News footage is “fair use.” I can’t imagine their getting permission to lampoon O’Reilly.
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[Bob Cole] “I guess Stephen Colbert’s use of Fox News footage is “fair use.” I can’t imagine their getting permission to lampoon O’Reilly.”
Colbert and O’Reilly are able to use the material because they are making a social commentary. Your client’s use is self promotion. Of course we could argue that Colbert and O’Reilly self-promote via their social commentaries. But, that’s fair game.
David Roth Weiss
Director/Editor
David Weiss Productions, Inc.
Los AngelesPOST-PRODUCTION WITHOUT THE USUAL INSANITY ™
A forum host of Creative COW’s Apple Final Cut Pro, Business & Marketing, and Indie Film & Documentary forums.
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The question made me think about C-Span. Knowing that the fed government can’t copyright products they create…it caused me to look at the C-Span copyright policy.
They say that the do not copyright non-commercial use of federal government sponsored events like House and Senate proceedings…but that coverage does not apply to privately sponsored events (like the convention).
Interesting….
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[Gary Chvatal] “They say that the do not copyright non-commercial use of federal government sponsored events like House and Senate proceedings…but that coverage does not apply to privately sponsored events (like the convention).
Interesting…”
The federal government is not sponsoring the conventions. The conventions are privately paid for by the two parties, thus they own the copyright to all the materials and they are the ones who decide who can and cannot broadcast the conventions.
As the conventions are part of the election process, it makes sense for both conventions to give CSPAN gavel to gavel coverage.
Walter Biscardi, Jr.
Biscardi Creative Media
HD and SD Production for Broadcast and Independent Productions.STOP STARING AND START GRADING WITH APPLE COLOR Apple Color Training DVD available now!
Read my Blog!
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This is where it would be great to have a lawyer’s advice. The law may be black and white but the PRACTICE of law is filled with shades of gray. I wonder whether an experienced lawyer would say, “just do it.”
But since I’m not a lawyer and don’t want to hire one, I’ll jump through the hoops. Practically speaking, it would be amazing if DNC objected to usage of a heart-warming, positive moment from its convention. I have a feeling that someone at DNC, amazed, will say, “Why’d you bother us with this? Of course use it…” and just be annoyed that he/she has had to take up time with it.
Thanks for the interesting insights. Great to know to be cautious about everybody else, and to know about free use of stuff from C-Span/Federal coverage.
Bob C
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[Bob Cole] “Practically speaking, it would be amazing if DNC objected to usage of a heart-warming, positive moment from its convention. I have a feeling that someone at DNC, amazed, will say, “Why’d you bother us with this? Of course use it…” and just be annoyed that he/she has had to take up time with it. “
Because there’s something called precedent. If they give it to you with no restrictions, no paperwork, no anything but “just do it” then they lose all control of their material.
Look at Disney having to sue daycare facilities to remove their character likenesses from the walls because the daycares did not pay licensing fees to use the characters. Even the Disney lawyers say they don’t enjoy it, but they have to proceed in order to maintain the copyright of the characters. Let one person use it without license, everyone must be allowed it use it without license.
Bottom line, if you want to take the chance and you want to put your company on the line, that’s your choice. Personally, I never want to get involved with lawyers with a company as large as the DNC.
Walter Biscardi, Jr.
Biscardi Creative Media
HD and SD Production for Broadcast and Independent Productions.STOP STARING AND START GRADING WITH APPLE COLOR Apple Color Training DVD available now!
Read my Blog!
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[walter biscardi] “Look at Disney having to sue daycare facilities to remove their character likenesses from the walls because the daycares did not pay licensing fees to use the characters.”
This is where Disney would do well to consider the good that the images do for the children. After all, the centers aren’t selling the images on clothing. It’s just a calming thing that the little arwe comfortable with. This could be a reasonably priced license that they could tie to a requirement that the centers purchase Bambi and play it every day with Disney Park commercials plugged in every 10 minutes. See, their greed nudged millions right out the door. Maybe I should call them.
Steve Wargo
Tempe, Arizona
It’s a dry heat!Sony HDCAM F-900 & HDW-2000/1 deck
5 Final Cut (not quite PRO) systems
Sony HVR-M25 HDV deck
2-Sony EX-1 HD . -
I’d use it and wait for the letter and then consider pulling it. Who is actually going to file a lawsuit over something so trivial? Been there, done that.
Steve Wargo
Tempe, Arizona
It’s a dry heat!Sony HDCAM F-900 & HDW-2000/1 deck
5 Final Cut (not quite PRO) systems
Sony HVR-M25 HDV deck
2-Sony EX-1 HD .
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