Fair Use: Embedded video in quotation form?
July 2, 2007 6:47 AM   Subscribe

Fair Use Filter -- I want to take clips from movies and embed them in an online essay as quotation-style references.

I want to write an essay to be posted online, using clips from major motion picture studios as references in a kind of quotation form, using YouTube/Metacafe/etc as the embedded bandwidth supplier for the clips. They are only pieces of scenes of movies, and used in context with a running commentary of a particular theme other than what the movies themselves are about, giving full credit of the original producers, etc, and not making any money off their reproduction (no advertisments at all).

Is this fair use?
posted by Quarter Pincher to Media & Arts (6 answers total)
I think so. You're in the US, right?

See also: A Fair(y) Use Tale http://www.youtube.com/watch?v=CJn_jC4FNDo
posted by cmiller at 7:31 AM on July 2, 2007

It may be, but remember that YouTube et al are under no obligation to host that content for you even if you are using the content correctly under the principal of fair use. So you could still be doing the right thing but have your media taken out from under you. The only way to be sure is to host the media yourself or to pay someone to host it that will stand up to take down notices that are not correct. This would be akin to what Slate does with its image and video slideshows.
posted by mmascolino at 8:10 AM on July 2, 2007

Response by poster: But considering I put in the video description that it is used under the fair use clause, and link directly to the page that references it, wouldn't they be taking down legally used material? Maybe I could rapidshare it or something instead =P
posted by Quarter Pincher at 8:36 AM on July 2, 2007

That wont stop the copyright holder putting in a DMCA take-down notice. Also as far as I'm aware Fair Use was only a defense, not a right. But I'm welcome to be corrected on it.
posted by chrisbucks at 9:39 AM on July 2, 2007

IANAL, IAAFASIFFAFU (I am a film academic specializing in found footage and fair use)

It's absolutely fair use, but you're still somewhat likely to be asked to remove the material, and might pretty much makes right in the legal system. You should do it, maybe hosting independently would be preferable, and if you get shut down, make DVDs to distribute for free instead!
posted by Ambrosia Voyeur at 9:40 AM on July 2, 2007

If you get a DMCA claim, you file a counterclaim asserting the use is fair and explaining how. It’s worked before, e.g. for the EFF.
posted by joeclark at 3:16 PM on July 2, 2007

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