[Rumori] Academic use of film clips question

PeterALopez pl1x at earthlink.net
Fri Jan 27 18:26:20 PST 2006

Question: If Fair Use is something to be stated after the fact, what's the accepted protocol when you want to display a work which contains appropriation at a public event without getting the event in trouble?

For instance, i've submitted a video which is 98% recycled to a film festival.  The festival makes you sign a form which states:

"By entering your motion picture for consideration, you attest that you hold all rights to exhibit the given work."

Now since i haven't attempted to get any permissions, to make it clear and upfront that this work could be questionable to certain entities, I modify the form to state:

"By entering your motion picture for consideration, you attest that 'I'm claiming Fair Use in my media reuse.  It has not been proven worthy of Fair Use status by any legal body, not even the court of public opinion.'"

Now does this modified form in anyway alleviate the burdon, on the event, and place the blame squarely on myself the creator?


One thing to remember about Fair Use is that it is a legal defense, 
not a law or a statute that give you permission before the fact. As 
such, there is no clear written guideline to go by as to what legally 
constitutes Fair Use. There is case law, but that is going 
to vary wildly from judge to judge. Claiming Fair Use only occurs when 
you have been accused of copyright infringement, and it is a little 
like saying "guilty with an explanation" in traffic court. You will be 
at the mercy of the presiding judge. 


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