Oh, and actually if your institution already shows films as part of your programming then you may already be covered by a universal site license. Double-check with the manager who runs the film programs. Cheers! Dave David Harvey Senior Conservator and Museum Consultant Los Angeles CA On Thu, Apr 12, 2012 at 10:43 AM, David Harvey <[log in to unmask]> wrote: > Ok. This is not as huge a thing as some may think. Yes, you need a license > to use a film clip publicly in an exhibit or to show a film as part of > programming, but it is as onerous as some might think. > > The studios and producers almost universally have a licensing company or > agency manage their rights for them. So sorry, no letters will be coming > from the studios. > > You can find out who manages licensing for any specific film online on > sites such as: > http://www.mplc.org/index/worldwide > > They will have a variety of licenses depending on the use, the size of the > venue, and duration of the use. They will have standard rates. You can > always talk or correspond with them, describe your use as "educational" and > limited to small clips, and that you are non-profit - they can reduce fees > or even grant the license without fees at their discretion. > > So this means doing a little online research, actually communicating, and > seeing what response you get. > > But, the rights agencies, as many on here have seen from the music PRO's > (Performing Rights Organizations, e.g. BMI, ASCAP, etc) will be aggressive > and contact museums and even tiny venues to pressure them for yearly fees > on music that is in copyright. So just because it is a small film clip or > music off a CD and you don't think any of these agencies will bother, they > will. > > Again, there is a lot out there in the public domain and in creative > commons that you can find and use creatively. You just have to have an > intern or staff member who is good online to find things that may > creatively contribute to your exhibition concepts and ideas. > > Cheers! > Dave > > David Harvey > Senior Conservator and Museum Consultant > Los Angeles CA > > PS - If someone is interested in having an entertainment lawyer for an AAM > session or panel let me know - I have friends in the business :-) > > > > On Thu, Apr 12, 2012 at 9:10 AM, Randy Little <[log in to unmask]>wrote: > >> 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 >> > >> > >> > ________________________________ >> > >> > To unsubscribe from the MUSEUM-L list, click the following link: >> > http://home.ease.lsoft.com/scripts/wa.exe?SUBED1=MUSEUM-L&A=1 >> > >> > >> > Tod Hopkins >> > Hillmann & Carr Inc. >> > todhopkins-at-hillmanncarr.com >> > >> > >> > >> > >> > >> > ________________________________ >> > >> > To unsubscribe from the MUSEUM-L list, click the following link: >> > http://home.ease.lsoft.com/scripts/wa.exe?SUBED1=MUSEUM-L&A=1 >> > >> > >> > >> > ________________________________ >> > >> > To unsubscribe from the MUSEUM-L list, click the following link: >> > http://home.ease.lsoft.com/scripts/wa.exe?SUBED1=MUSEUM-L&A=1 >> >> ========================================================= >> Important Subscriber Information: >> >> The Museum-L FAQ file is located at >> http://www.finalchapter.com/museum-l-faq/ . 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