Joined: 29 Jan 2010
|Posted: Tue Apr 05, 2016 8:20 am Post subject:
It is possible use short clips of copyright works, to make a sort of montage, but there are some rules you need to follow.
• First of all don't use any more than is strictly necessary to make the point.
• Do not use part of the source film which might be considered to be the essence or heart of that film. To give you an example, if you recall the film Planet of the Apes, the shot of the Statue of Liberty sticking up out of the sand was considered to be a 'substantial' element of that story, and this is the sort of thing to avoid.
• And lastly you must credit the films you use. This can be done at the end and doesn't have to be particularly prominent. And it would probably be a good idea to also say something like: "Extracts from the following films have been used here as permitted by the fair dealing exception in section 30(1ZA) of the Copyright Designs and Patents Act 1988".
This what that sub-section actually says:
|(1ZA) Copyright in a work is not infringed by the use of a quotation from the work (whether for criticism or review or otherwise) provided that— |
(a) the work has been made available to the public,
(b) the use of the quotation is fair dealing with the work,
(c) the extent of the quotation is no more than is required by the specific purpose for which it is used, and
(d) the quotation is accompanied by a sufficient acknowledgement (unless this would be impossible for reasons of practicality or otherwise).
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