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Film Clip Rights, Copyright, and Fair Use
Many people are confused by the widespread use of the term Fair Use. With such a seemingly self-explanatory name, it might seem that fair use should have a common-sense application. As with many matters involving copyright and using copyright material, this is often not the case. There are a number of factors involved in the legal determination of fair use and these and other considerations all need to be taken into account.
Fair Use is a legal doctrine in U.S. Copyright law which allows for certain uses of some copyrighted material, in particular for purposes such as criticism, commentary, education, and reporting. This does not mean, however, that any amount of copyrighted material can be used in any way when criticism or education is involved. Some of the other factors considered in making a decision relating to fair use are the nature of the copyrighted work being used, the amount of that work used, and the potential impact of such use.
When appropriate film clip rights are granted, these rights may also not cover all potentially necessary clearances. Copyright is not the only matter to consider when examining clips and stills. Some of the other issues to be aware of include trademarks and copyrights applying to elements within the clip or still and legal concerns relating to rights of privacy and publicity.
If you're interested in using a clip or still in your project - whether as playback, frame enlargement, or excerpt - don't be afraid of these restrictions. When considering the use of film clips or other copyrighted material and whether such use falls under fair use doctrines, it is always the best choice to consult a clearance and copyright professional. Clearance experts can advise on clip rights as well as other potential restrictions. Please don't hesitate to contact us at Sony Pictures Film Clips with any questions. You can reach us at 310-244-7306 or by email at
FilmClips@spe.sony.com.
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