copyright question - images from films

[Brewer, Michael]

Yes, this was my error (not reading the question entirely before responding).  I agree that screenshots constitute a small portion of a larger work, rather than individual works, and thus would appear much more fair than unfair in terms of the amount used. I followed up with the person asking the question individually about this, but not to the entire list. The issue here is really what the publisher will allow. 

mb

Michael Brewer
Team Leader for Undergraduate Services
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 Michael Trittipo
Sent: Friday, August 14, 2009 9:32 AM
To: SEELANGS at BAMA.UA.EDU
Subject: Re: [SEELANGS] copyright question - images from films

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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