copyright question - images from films

[Sarah Hurst]

I don't think that screen shots from movies, which in fact are not "screen
shots" (generally a term used for shots taken from a computer screen), but
stills, would count as being a small proportion of the movie and therefore
automatically eligible for fair use. I think that any still from a movie is
the same as a photograph and that you would need the rights, as presumably
most books using those as images would have discovered prior to publishing
them. 

The "fair use" element could come in, as I say, if the journal is a
non-profit enterprise, but ideally it is best to ask permission from the
movie rights-holders, and negotiate a free or discounted license based on
non-profit status/educational use/low number of readers. 

Sarah Hurst

-----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: Friday, August 14, 2009 11:32 AM
To: SEELANGS at bama.ua.edu
Subject: Re: [SEELANGS] copyright question - images from films

The publisher is Journal of American Folklore and they asked me to  
check about copyright.  I guess they don't have that much experience  
with reproducing screen shots.

I personally had thought that screen shots were something like short  
quotes - as in reproducable under fair use guidelines.  Certainly you  
see screen shots reproduced in books about film all the time.  On that  
basis, I thought that a couple of illustrative images were perfectly  
okay.  I still feel that to be the case, but thought I had better  
check, since I had been asked to do so.

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/


Quoting "Brewer, Michael" <brewerm at U.LIBRARY.ARIZONA.EDU>:

> 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
>
> -------------------------------------------------------------------------
>  Use your web browser to search the archives, control your subscription
>   options, and more.  Visit and bookmark the SEELANGS Web Interface at:
>                     http://seelangs.home.comcast.net/
> -------------------------------------------------------------------------
>
> -------------------------------------------------------------------------
>  Use your web browser to search the archives, control your subscription
>   options, and more.  Visit and bookmark the SEELANGS Web Interface at:
>                     http://seelangs.home.comcast.net/
> -------------------------------------------------------------------------
>
>

-------------------------------------------------------------------------
 Use your web browser to search the archives, control your subscription
  options, and more.  Visit and bookmark the SEELANGS Web Interface at:
                    http://seelangs.home.comcast.net/
-------------------------------------------------------------------------
No virus found in this incoming message.
Checked by AVG - www.avg.com 
Version: 8.5.392 / Virus Database: 270.13.54/2300 - Release Date: 08/14/09
06:10:00

-------------------------------------------------------------------------
 Use your web browser to search the archives, control your subscription
  options, and more.  Visit and bookmark the SEELANGS Web Interface at:
                    http://seelangs.home.comcast.net/
-------------------------------------------------------------------------