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Fair Use Question About News Footage

QUESTION:

Dear CSM, Certain networks will not license ANY footage
that has on-air talent (e.g. newscasters such as Howard K Smith or
Harry Reasoner). Other networks will license that footage, but only
if cleared with the proper talent guilds, and often at a higher
rate. But if these newscasts are part of American History, shouldn't
they be usable? I.e. Isn't excluding their use out of hand unfair to
not only the filmmaker but to the historical record? One can claim Fair Use, but at the possible
cost of jeopardizing any future good will and relationships with the
networks. Might the "Best Practices" statement play a role here?




Thanks,

-Rick

ANSWER:

Dear Rick, in answer to your question (using broadcast news footage of historical importance):
The Statement of Best Practices certainly does articulate principles and limitations
that permit you to argue for Fair Uses of broadcast news material.
Categories 1, 2, and 4 all provide you with very solid reasons to fair
use. As the Statement makes clear, and has been underlined both by our
legal advisory committee and case law, asking permission does not
invalidate your declaration of Fair Use later, should you receive an
answer that makes it impossible for you to use the material and the
material still is important in the ways that the principles and
limitations make clear. BTW, if you Fair Use material, you also fair
use ALL underlying rights, including those claims of the celebrity
host/anchor. Thanks for your query!





- The Center for Social Media



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