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What gives…copyright again
In the latest issue of Markee Magazine there is a feature about a big corporate show where they were boasting about their creative treatment by having a kangaroo jumping around in scenes from various movies…the featured movie was none other than Lord of the Rings. They said the conference used clips from several popular movies to have the kangaroo (a guy in a costume) jump around in the various scenes. They were discussing how the compositing was done, color correction to match shots and tracking etc.
Dang, I just know this is done all the time. It just seems to me it is pretty harmless and probably falls withing the fair use clause to do this. Nothing was said of copyright infringement in the article.
I constantly read various posters warning that this practice is illegal and that you are stealing copyrighted work etc. Seems to me to be pretty harmless, not used for profit or direct sales, and is only a small portion of the full length movie. It would be real hard to litigate this I would think.
Care to argue differently?
Rich Rubasch
Tilt Media -
6 Replies
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No arguement…use of copyrighted material for that purpose does not fall under fair use.
Unknown is if the corporation cited (I did not read the article) secured rights.
For most corporate entities, especially multi-nationals, it’s not a bank breaker to secure limited rights. Most studios, especially if they have any prior marketing or merchandising or product placement deals generally find a way to incorporate scenes from a major production into their meetings.
But trust me on this…getting away with copyright infringment doesn’t mean it’s right. It’s not hard to litigate and the studio almost always wins. Just because you or I don’t see the harm in it, doesn’t mean that legally the issues of dillution, loss of revenues and unwanted affilliation are not there.
And someday, when you have your work used in a manner that you don’t like, i.e. on someone’s site or demo reel, or as a sequence in a released product, then think about how fair it is that the person using it didn’t pay you or even credit you. Harmless is always a matter of scale, until it happens to you.
Cheers,
Frank Otto
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Like being just a ‘little bit’ pregnant, eh?
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years ago either coke or pepsi used Right Now from Van Halen very effectively in a SuperBowl commercial. A client of the studio where I was interning wanted to do a similar treatment on the opening video for their conference.
They paid like $30,000 to license that song for that one-off purpose. Granted it was ABB or some mega corporation so they had the capital.
But unless it is a school project or a family video, I would stay away from other peoples’ music.
Remember reality shows are very popular and thus have budgets for music clearances.
Most tv networks have BMI or ASCAP licenses, which covers their use of music during some shows (is this still the case?)There is a tall tale about Disney suing some kid’s parents for using a Little Mermaid song in a ballet recital.
Mike
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Sort of traveled territory here…
I suspect the production firm is ignorant of the rules or they just didn’t write about acquiring rights because it’s a given.
A guy passed me doing about 90 on the interstate the other day. There weren’t any of those very attentive Wisconsin State Patrol types out there, but I suspect that doesn’t mean they changed the law…
TimK
Kolb Syverson Communications
Creative Cow Host
2004, 2005 NAB Post Production Conference Premiere Pro Technical Chair
Author, “The Easy Guide to Premiere Pro” http://www.focalpress.com
“Premiere Pro Fast Track DVD Series” http://www.classondemand.net -
What often scares me is corporate clients who want to rip large chunks of Hollywood Blockbusters to use in a presentation!!! That really is their problem but when they ask me to help,and I say no, I don
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I understand the not feeling of the love…we’ve actually lost work to firms who were willing to use copyrighted material.
I’m still not interested in changing where it is we draw the line though….
TimK
Kolb Syverson Communications
Creative Cow Host
2004, 2005 NAB Post Production Conference Premiere Pro Technical Chair
Author, “The Easy Guide to Premiere Pro” http://www.focalpress.com
“Premiere Pro Fast Track DVD Series” http://www.classondemand.net
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