How can I get a clip from the Daily Show?

June 12, 2006 11:58 AM

Looking for permission to use a clip from The Daily Show

I am trying to contact the daily show for both a copy of a clip from their earlier years (specifically the alex chiu interview) as well as permissionn to use this clip in a documentary -- how does one go about doing this (for the daily show in particular, and for other TV shows in general)

Naturally, contact info for the producers of the show are not publicly available -- so how do insiders do it?

posted by kensanway to media & arts (13 comments total)

Telephone Number of Designated Agent: [phone]
Facsimile Number of Designated Agent: [phone]
Email Address of Designated Agent: [e-mail]

This is from Comedy Centrals Terms and Conditions page. You might can get an answer to your question there.
posted by wsg at 12:10 PM on June 12, 2006

I would suggest contacting Comedy Central (a Viacom company) 1515 Broadway, New York, NY 10036 (212.767.8600) and ask to speak with someone regarding your request. FYI -- here's an organizational chart for Comedy Central executives.
posted by ericb at 12:16 PM on June 12, 2006

As an aside, your copyright law may have such a thing as 'fair use': which, generally, means that you can use a portion of something (mostly around 20%) without permission.

By asking, you might get a flat 'no' which you'll have to abide by. But by going ahead and using a small portion, particularly in the right context, it's likely that Viacom won't take action: particularly if you're not using the clip in a negative way towards the show, Viacom, or interviewee. (You might want to check the credits of 'Outfoxed' or Michael Moore's 'Farenheit 911' to see who he got permission from...)

Check with your attorney: my grasp of copyright law is rooted in the UK, and IANAL.
posted by jamescridland at 12:35 PM on June 12, 2006

Thanks for the comments so far!

We're in the US, btw.

Anyways, in case it helps: we need archival footage of alex chiu -- nowhere to be found on internet. we had a documentary project that needed it, but now, we doubly need it to check if the person going to the media now as alex chiu is an imposter. it'd be great if we could get permission from comedy central but right now it's important to check whether alex chiu is really alex chiu.

Another problem we have is we don't have the clip in question, so we need help finding that.

Thanks!
posted by kensanway at 12:46 PM on June 12, 2006

Oh no - Alex Chiu taken away and replaced by exact copy with identical memories?!?

I smell a FPP.
posted by ikkyu2 at 3:53 PM on June 12, 2006

permissionn to use this clip in a documentary

You don't need permission to use a clip for a documentary, if said documentary falls under the aegis of the Fair Use doctrine. Most documentaries can be considered educational or newsworthy in nature, which is exactly the kind of material that Fair Use doctrine is meant to allow without requiring the creator to seek a paid license.
posted by frogan at 5:00 PM on June 12, 2006

You don't need permission to use a clip for a documentary, if said documentary falls under the aegis of the Fair Use doctrine.

That's an extremely simplistic analysis which is unfortunately simply wrong. It is possible that using a clip for a documentary can be infringement. Whether it is or not depends on several factors and we definitely don't have enough information to determine whether it is fair use or not. Another thing to consider would be that even if you think it is fair use, Comedy Central might disagree and sue you anyway. Depending on what kind of work you are making you might want to consider that.
posted by grouse at 1:30 AM on June 13, 2006

It is possible that using a clip for a documentary can be infringement. Whether it is or not depends on several factors

Umm, did you READ my post? I said "IF the documentary falls under" and provided an informational link to the site from Stanford so the poster can do his own research.

kensanway, there are tons of nervous nellies out there that don't really understand how Fair Use works. Don't listen to them. They're the ones that think Disney SWAT teams will bust down doors if a third-grader draws a picture of Mickey Mouse.

Yeesh. Every documentary makes non-infringing use of copyrighted material. How else do you think Michael Moore does his stuff?
posted by frogan at 9:02 AM on June 13, 2006

I said "IF the documentary falls under" and provided an informational link to the site from Stanford so the poster can do his own research.

In that case the statement was merely a tautology and you had no intention of implying by it that a documentary would be likely to be fair use without looking at other factors. Good.

there are tons of nervous nellies out there that don't really understand how Fair Use works. Don't listen to them. They're the ones that think Disney SWAT teams will bust down doors if a third-grader draws a picture of Mickey Mouse.

Instead listen to those who use needless hyperbole.

It is easy to be cavalier when you are talking about endangering someone else's work that they will spend considerable time and money to produce. If it were me, I would be a bit more cautious about including it without permission. I might include it anyway but only if I were satisfied that I would be unlikely to get sued over it.
posted by grouse at 10:20 AM on June 13, 2006

kensanway, Fair Use is your friend. Don't get handcuffed by those who don't understand it.

Purposes such as scholarship, research or education may also qualify as (Fair Use) because the work is the subject of review or commentary.

Just as there are situations that are more likely to cause lawsuits, there are some situations that may lower the risk:

* You use a very small excerpt, for example, one or two lines from a news report, of a factual work and your use is for purposes of commentary, criticism, scholarship, research or news reporting.

/me shakes head

Wow, Fair Use is approaching a Snopes-like level of misunderstanding.
posted by frogan at 12:04 PM on June 13, 2006

Yeesh. Every documentary makes non-infringing use of copyrighted material. How else do you think Michael Moore does his stuff?

Actually, Moore gets licenses for third-party clips, as per the current pending lawsuit against him:

Filmmaker Michael Moore is being sued by an armless Iraqi war veteran who says Moore's controversial movie, "Fahrenheit 9/11," used clips without his permission that misrepresented the veteran and his sentiments about the war.

The suit, which claims "defamation and infliction of emotional distress," also names film executives, distributors and the NBC television network, which shot the original footage Moore used in his film. The suit seeks multi-million dollar damages.

While he was being treated at Walter Reed Army Medical Center in Washington, D.C., he was asked to do an interview with Brian Williams of "NBC Nightly News."

The footage was subsequently licensed to Moore's film, which the complaint states "denounces the United States military action in Iraq" by attacking President Bush.

[CNN | June 2, 2006]

posted by ericb at 12:30 PM on June 13, 2006

However, in this L.A. Times article it appears that Moore got licenses for some archival footage, and not others for 'Fahrenheit 9/11.'
posted by ericb at 12:33 PM on June 13, 2006

A more apt quotation from the pages frogan linked to is this one: "Because there is a sizable gray area in which fair use may or may not apply, there is never a guarantee that your use will qualify as a fair use. The fair use doctrine has been described as a murky concept in which it is often difficult to separate the lawful from the unlawful."

To advise someone that their use of copyrighted works is fair use knowing as little as we do about the facts involved is simply irresponsible. To hyperbolically rant at those who would advise a more cautious approach is just rude.
posted by grouse at 1:15 PM on June 13, 2006