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

'Is it legal', 'can I do this' type questions and discussions.
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Halie0201
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Can I use images on BBC website on my own video online?

Post by Halie0201 » Tue Mar 22, 2016 11:44 pm

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
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Post by AndyJ » Wed Mar 23, 2016 8:25 am

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:
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.
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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