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Fair Use Question
I had a question about fair use that I thought I would bring to the experts. There are two separate videos in question.
The first is a minute long video that has footage recorded from a musical production last summer, Beauty and the Beast, and advertises this summers Peter Pan. It uses a Peter Pan logo that we have full rights to use, and has an animation in the background that I made myself. The footage was partially recorded by me (multiple cameras), and I have full permission to use the video that was recorded. You can view it at: http://www.youtube.com/watch?v=iWWa-oVooxw
The second is about 6 minutes long and has footage from 8 different dinner theater productions. It is just assorted clips, and doesn't even name the specific shows it comes from. Again, the footage was either taped by me, or by someone I know that is allowing me to use it. It is at http://www.youtube.com/watch?v=gn1JbaKKe6I
My understanding of fair use is that we are ok to use it for the following reasons:
1. We are not selling the video or making money off of it. It will only exist on youtube.
2. The nature of the work. The copyright holder sells scripts, and sells the right to produce the show. They do not make or sell videos of the shows.
3. The portion of the show used in relation to the original work as a whole is very small (on average, 45 seconds of a 2 hour show)
4. The existence of our video does not effect the market value of the original work
So my question is simple. Am I right that these qualify as fair use?
Thank you for your time.
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Re: Fair Use Question
Your question is simple, but the answer is a little more complex.
"Fair use" is a copyright grey area - there's no "safe" amount of another's work that you can use and claim as fair use.
You might want to review the US Copyright Office's factsheet about Fair Use
From a layman's perspective, I wouldn't call these videos infringeing, but you really ought not take my word for it. If you're particularly concerned, run it past a copyright specialist in your area.