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Can I use images on BBC website on my own video online?

 
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Halie0201
Regular Member
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Joined: 26 Dec 2015
Posts: 37

PostPosted: Tue Mar 22, 2016 11:44 pm    Post subject: Can I use images on BBC website on my own video online? Reply with quote

I want to use some news images on my free video online to introduce Earthquake happened in China these years. Can I use images from Associated Press/BBC/CNN or some other big news website if I give proper credit? Is it fair use? Hope someone can help me!
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AndyJ
Oracle
Oracle


Joined: 29 Jan 2010
Posts: 1525

PostPosted: Wed Mar 23, 2016 8:25 am    Post subject: Reply with quote

Hi Halie
No, you cannot use images such as the ones you describe without getting a licence. Photographs are specifically excluded from the fair dealing exception for news reporting:
Quote:
30 Criticism, review and news reporting.

(1) Fair dealing with a work for the purpose of criticism or review, of that or another work or of a performance of a work, does not infringe any copyright in the work provided that it is accompanied by a sufficient acknowledgement and provided that the work has been made available to the public.

(1A) For the purposes of subsection (1) a work has been made available to the public if it has been made available by any means, including—
    (a) the issue of copies to the public;

    (b) making the work available by means of an electronic retrieval system;

    (c) the rental or lending of copies of the work to the public;

    (d) the performance, exhibition, playing or showing of the work in public;

    (e) the communication to the public of the work,
but in determining generally for the purposes of that subsection whether a work has been made available to the public no account shall be taken of any unauthorised act.

(2) Fair dealing with a work (other than a photograph) for the purpose of reporting current events does not infringe any copyright in the work provided that (subject to subsection (3)) it is accompanied by a sufficient acknowledgement.

(3) No acknowledgement is required in connection with the reporting of current events by means of a sound recording, film or broadcast where this would be impossible for reasons of practicality or otherwise.

Section 30 Copyright Designs and Patents Act 1988


And coincidentally we have a very recent judgment from the High Court on the isssue of using 8-second-long video extracts from broadcasts, in which such extracts were found to be infringing.
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Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007
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