QUESTION OF THE MONTH: Posting news clips on the internet

QUESTION

Dear CSM:

In order to underline the importance a food safety issue, I'd like to highlight pertinent media coverage by posting tv news clips that cover the topic on our website. The source would have full credit and remain on our site only for 4-6 weeks - can this be done? Do I have to get permission from the tv stations?

Thanks,

Bronacos

ANSWER

Dear Bronacos:

Context is everything in Fair Use. If you are repeating news in order to spread the news, you are re-using material for the same purpose that it was originally designed for. The owners, and many filmmakers, would think that that is a use you should pay for, or license. The length of time it is up and the crediting wouldn’t mitigate the problem. However, if you link to the work, the problem goes away. If you recontextualize the news and "transform" its use—that is, have a different reason to quote it than it was originally made for—the filmmakers would think this could be Fair Use. (But please read the Statement of Best Practices for Fair Use in Documentary Film to decide for yourself.) You don’t have to get permission as long as you are appropriately invoking Fair Use.

--The Center for Social Media

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