QUESTION

Hello - I had a question about fair use I am not sure where else to turn as I am on deadline. I am making a short video as an additional element to Creat

Asked on Jul 07th, 2012 on Intellectual Property - Georgia
More details to this question:
to Creative Loafing''s cover story on the 40th anniversary of the film Deliverance. For this video I am focusing on a single scene in the movie in which the song Dueling Banjo''s is played by a boy known as "Banjo Boy". I am interviewing the main actors from the scene, including Banjo Boy and Ronny Cox about the scene and how it was shot. Warner Brothers has provided me with many scenes they say I can use unfortunately the clip I am focusing the video on is not one of the clips they have provided. They have denied my request to use the clip. Do I have any basis to use a small part of the clip for my news video which will be posted on You Tube which focuses on the scene? Even 20 seconds would work. Here is the scene - even if you don''t respond to me you should watch this scene: http://www.youtube.com/watch?v=Uzae_SqbmDE Any thoughts would be appreciated. THANKS
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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It is not possible to give a definitive answer regarding whether any proposed use is "fair." The "fairness" of the use is intensely fact-dependent. The fact that you requested permission to use the clip and were denied actually militates against you. While it is possible that you could get away with using a small portion of the clip, it is also possible that you will be sued and will be forced to spend hundreds of thousands of dollars to defend yourself.
Answered on Jul 07th, 2012 at 8:01 PM

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