copyright question - images from films

[Michael Trittipo]

Brewer, Michael wrote:
> . . . 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.

Arguably, one still frame from a 15-minute film (generally having 24
frames per second) is arguably merely a portion (one out of 15 x 60 x 24
frames), and in its very nature as a still is no substitute for the
moving pictures.  So that's two fair use factors (extent, potential as
substitute) arguably looking good.  Presumably the nature of the use
would be favorable, too.  But your comments about potential for
disagreement as to what's a fair use, and some publishers' perceptions
of risk in relying on the doctrine instead of on permission, certainly
bear careful consideration.

Michael Trittipo
Minneapolis, Minn.
J.D. '81

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