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
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
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.
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