copyright question - images from films

[Brewer, Michael]

Natalie, 

What is legal and what is allowed by a publisher can also be two different things.  If these works are not in the public domain (it is likely they are not), the only legal way to use them without permission would be to establish that the use is a "fair use" under section 107 of US copyright law.  Because a use if legally fair only if it is determined to be fair in a court of law, publishers are most often unwilling to publish images unless the rights are secured.  A publisher may or may not allow for such uses, since they could be sued for statutory damages, however unlikely that may be.  Of course we make fair uses all the time in articles we publish - quotes from other articles or books, etc., - but the use of images is somewhat different in that they constitute an entire creative work, whereas quotes from articles are only a portion of a work. The use of an entire work can constitute a fair use (and this has been upheld under specific circumstances in legal cases), but th!
 e rights of the copyright holder must be balanced/evaluated against the "fairness" of the use. 

Please do visit the AAASS B&D Subcommittee on Copyright Issues, as noted below. You might also take a look at the Fair Use Evaluator at: http://librarycopyright.net/fairuse/  

Hope this helps. 

mb

Michael Brewer
University of Arizona Library 
brewerm at u.library.arizona.edu


-----Original Message-----
From: SEELANGS: Slavic & East European Languages and Literatures list [mailto:SEELANGS at BAMA.UA.EDU] On Behalf Of June Farris
Sent: Thursday, August 13, 2009 9:27 AM
To: SEELANGS at BAMA.UA.EDU
Subject: Re: [SEELANGS] copyright question - images from films

You can go the AAASS Bibliography & Documentation Committee's web site for its Sub-committee on Copyright Issues:
http://intranet.library.arizona.edu/users/brewerm/copyright/index.html

Your answer might be there.  If not, you can click on the gray tab "Copyright Assistance" on the left-hand side of the page for help with your specific question (but not legal advice).

Another useful site regarding copyright include:
http://librarycopyright.net/digitalslider/

Regards,
June Farris

_________________
June Pachuta Farris
Bibliographer for Slavic, East European and Eurasian Studies
Room 263 Regenstein Library
University of Chicago
1100 E. 57th Street
Chicago, IL  60637
jpf3 at uchicago.edu
1-773-702-8456 (phone)
1-773-702-6623 (fax)

-----Original Message-----
From: SEELANGS: Slavic & East European Languages and Literatures list [mailto:SEELANGS at bama.ua.edu] On Behalf Of nataliek at UALBERTA.CA
Sent: Thursday, August 13, 2009 11:12 AM
To: SEELANGS at bama.ua.edu
Subject: [SEELANGS] copyright question - images from films

Dear SEELANGS folks,

I need some information regarding copyright rules.  I want to use some  
screen captures from several animated films in an article.  What are  
the rules?  Are there limits on the number of screen captures per  
film?  Does it matter where I got the images?  For example, if I got  
the image off of www.animator.ru, can I use it?  What about films that  
are on YouTube?  Do the rules that apply to films in general apply  
here as well?  Or is a film on YouTube available for further  
reproduction?  I'm not using more than a couple of images per film and  
the items are all cartoons or claymation films, most under 15 min. long.

Thanks in advance for your guidance.

Natalie Kononenko
Kule Chair of Ukrainian Ethnography
Editor, Folklorica
University of Alberta
Modern Languages and Cultural Studies
200 Arts Building
Edmonton, Alberta, Canada T6G 2E6
Phone: 780-492-6810
Web: http://www.arts.ualberta.ca/uvp/

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