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If you are creating a commercial service like Flixster that uses lots of still images and movie clips, it's unlikely you can do that within Fair Use.
You may have a better case with clips than still photos in that you might be able to argue that you are using them to review and comment on the movie, and that the clips are too short to be a substitute for the movie and thus don't harm the copyright holders' interests.
With photos you might be able to argue that your photos are too low resolution to be a substitute for the original, and you are using them for the purpose of critical comment.
However, apart from such material as is definitely in the public domain, I would tread very carefully, and get expert advice.
Then if you need to get rights for a lot of different movies and stars, your problem is going to be tracking down all the rights owners and making the appropriate deals. If you have enough money, you can use a service like this to do that for you:
http://greenlightrights.com/
Otherwise it's probably going to be infeasible to negotiate all the deals, as that would take too much time for too little return.
The sources below tell you more about Fair Use and the problems of tracking down rights holders.
Source(s):
http://uk.youtube.com/watch?v=CJn_jC4FNDo
http://www.chillingeffects.org/fairuse/faq.cgi#QID814
http://www.utsystem.edu/OGC/IntellectualProperty/PERMISSN.HTM
http://www.ivanhoffman.com/fair5.html
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M$3
January 30, 2009 02:55 AM
How and where can I get permission to use photos from movies?
Looking to create something similar to Flixster where each actor/movie has their own design, but do not know who to contact to get permission.
Does fair use apply here?
Does fair use apply here?
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| January 30, 2009 03:42 AM |
You may have a better case with clips than still photos in that you might be able to argue that you are using them to review and comment on the movie, and that the clips are too short to be a substitute for the movie and thus don't harm the copyright holders' interests.
With photos you might be able to argue that your photos are too low resolution to be a substitute for the original, and you are using them for the purpose of critical comment.
However, apart from such material as is definitely in the public domain, I would tread very carefully, and get expert advice.
Then if you need to get rights for a lot of different movies and stars, your problem is going to be tracking down all the rights owners and making the appropriate deals. If you have enough money, you can use a service like this to do that for you:
http://greenlightrights.com/
Otherwise it's probably going to be infeasible to negotiate all the deals, as that would take too much time for too little return.
The sources below tell you more about Fair Use and the problems of tracking down rights holders.
Source(s):
http://uk.youtube.com/watch?v=CJn_jC4FNDo
http://www.chillingeffects.org/fairuse/faq.cgi#QID814
http://www.utsystem.edu/OGC/IntellectualProperty/PERMISSN.HTM
http://www.ivanhoffman.com/fair5.html
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