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My son is a professional producer of
Sent to Legal Experts June 02 10:32 AM

My son is a professional producer of television documentaries. In his latest production, not yet released, the camera falls upon a TV set for about ten seconds, which is showing the Spanish version of Disney's feature film, "Beauty and the Beast". Does this fall within the "fair use" exemption from copyright law? He believes that the cost of obtaining permission from Disney will exceed the cost of the entire production's budget.

 

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Freeport, New York

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Asking my son, not an attorney, but his generation's "renaissance man".

Customer (name blocked for privacy)
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June 2 11:07 AM (34 minutes and 33 seconds later)
         
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Dear Customer (name blocked for privacy)

This is not a cut and dry issue. There are many factors involved when determining "Fair Use" - However, many courts will look at the amount of the copyrighted work being used under the theory of "less is best" The less you take, the more likely that your copying will be excused as a fair use. Yet, if it is considered to be the "heart" of the material that could raise some legal issues. There are four basic factors that a Court will use to make a determination, if a lawsuit is brought

1 the purpose and character of your use

2 the nature of the copyrighted work

3 the amount and substantiality of the portion taken, and

4 the effect of the use upon the potential market

Many times teachers and other educational professionals are exempt from copyright issues and are given latitude under "fair use" -

The most significant determining factor is "was the copyright owner" deprived of income from the use of the material

Stanford University has a comprehensive website on this issue. Please CLICK HERE and HERE to review caselaws and an overview as it pertains to use of audiovisuals.

Your son may want to consult with an attorney on the full legalities of this matter. Consultations are not very expensive - maybe $100 or so on this type of matter.

Congratualtions to your son on this fine accomplishment and best of success in all future endeavors.

If my answer has been helpful, please ACCEPT my answer so I get credit for my effort to help you . If I can be of further help, let me know. Appropriate FEEDBACK is appreciated as is a bonus. Thanks ~ Michelle

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