copyright question - images from films

[goscilo+ at PITT.EDU]

According to two major publishers I've dealt with (Duke and Indiana UP),
stills come under copyright, but what you call screen shots (i.e., frame
grabs, whereby you use a program that enables you to copy scenes from a film
as you watch it on your computer) are not.  They are the visual equivalent
of verbal quotes, and unless your "citations" exceed 10% of the total film,
they're up for grabs (sorry--hard to resist). Some presses are more
conservative regarding copyright issues than others or simply don't know the
regulations and prefer to err on the side of safety by acquiring unnecessary
permission.  The film editor at Indiana UP, which publishes a great deal on
cinema, knows the regulations, and the above is precisely what she
confirmed.

Helena Goscilo


 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
>>
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