They don't have to sue you they can just send a bill and there is NO
ABANDONED works rule.  You would also need to document your search for
the artist if it was.    KNOWLY VIOLATING COPYRIGHT is a MIN $150,000
per instance.   You don't want to have to ask for forgiveness when the
price is that high.
Randy S. Little
http://www.rslittle.com




On Thu, Apr 12, 2012 at 08:34, Guy Hermann <[log in to unmask]> wrote:
> Robin--
>
> I'd have to mostly agree with Tod, better safe than sorry.
>
> This is a case where "it is easier to ask forgiveness than to get
> permission" definitely does not apply as it is relatively easy to ask
> permission. Getting permission may just require a letter describing what you
> want to show, how you want to show it, the context of how it will be shown
> (major screen in exhibit run continuously/12" screen in an interactive seen
> occasionally), and the number of people you estimate will see it. They will
> reply (maybe) with either permission to use it as you describe, denying
> permission, or requesting a fee for the use. The fee will vary mostly based
> on how many people will see it.
>
> The studios zealously protect their copyrights, but are unlikely to sue a
> public organization for using a short clip without permission, but cease and
> desist letters are still very scary.
>
> Good luck,
>
> Guy
>
> On Apr 12, 2012, at 10:19 AM, Tod Hopkins wrote:
>
> This is absolutely not "Fair Use," the exception which loosely includes some
> "educational" uses.  What you are doing would be considered "public
> exhibition" and even liberal interpretations of Fair Use do not include
> public exhibition.
>
> Unless the movie is in the "public domain," you need to get clearance from
> someone.  If you cannot locate a valid rights holder, you might consider it
> "abandoned" until someone makes a claim.  Unless your copy is an artifact
> than edition you are playing IS potentially copyrighted, even if the
> original movie is in the public domain, something people generally forget.
>
> You can be sued no matter what.  Fair Use is a "defense" in court.  It does
> not prevent you from being sued.  Truth is, you would most likely get a
> simple cease and desist letter first.  But that's not necessary.  They can
> just send you a bill.
>
> Cheers,
>               tod
>
>
> On Apr 10, 2012, at 4:49 PM, Robin Gabriel wrote:
>
> If one uses short clips of old movies in an exhibition does one need to pay
> some sort of royalty or does this fall under the educational use part of the
> copyright laws?
>
> Thanks,
> Robin
>
>
> ************
> Robin Gabriel
>
>
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>
> Tod Hopkins
> Hillmann & Carr Inc.
> todhopkins-at-hillmanncarr.com
>
>
>
>
>
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