Question on Fair Use of Film Stills

Jasper jasper_sharp at hotmail.com
Sun Feb 12 12:02:17 EST 2012


My advice would be not to worry about it in the case of screen grabs and I notice a lot of publishers clearly haven't asked the rights holders for actual stills either. Strict as studios such as Shochiku or Toho might seem, I don't think they're as petty as to take an academic journal to court for using screenshots to illustrate an essay. If you were publishing, for example, a glossy photo book of Godzilla stills masquerading as a study, with a bare minimum of text, then that's another matter. I also get the impression that the staff of certain companies nowadays don't have a clue about their back catalogs anyway ( for example, kadokawa/daiei).

Sent from my iPhone

On 12 Feb 2012, at 14:44, "Nornes, Markus" <amnornes at umich.edu> wrote:

> Japan is a signer of the same international treaties, but everyone makes up their own shit. You are screwed!
> 
> How is that for official, legal interpretation?
> 
> m
> 
> 
> 
> From: owner-KineJapan at lists.acs.ohio-state.edu [owner-KineJapan at lists.acs.ohio-state.edu] on behalf of Mark Roberts [mroberts37 at mail-central.com]
> Sent: Sunday, February 12, 2012 9:39 AM
> To: KineJapan at lists.acs.ohio-state.edu
> Subject: Re: Question on Fair Use of Film Stills
> 
> I don't believe it either, but I will need an authoritative statement (i.e., a law, not an interpretation) to support my claim.
> 
> For future reference, the SCMS statement seems to be here:
> 
> http://www.cmstudies.org/?page=positions_policies
> 
> However, the policies only seem to apply to publications in the U.S., and I'm trying to figure out the law in Japan.
> 
> Thanks,
> 
> Mark
> 
> On Feb 12, 2012, at 11:23 PM, Nornes, Markus wrote:
> 
>> SCMS has a statement on their webpage. David Bordwell and Kristen Thompson have great posts on this on their blog. 
>> 
>> I don't believe this. As far as I have heard and understand, a frame grab is treated like the quotation of a sentence from a larger written text. 
>> 
>> m
>> From: owner-KineJapan at lists.acs.ohio-state.edu [owner-KineJapan at lists.acs.ohio-state.edu] on behalf of Mark Roberts [mroberts37 at mail-central.com]
>> Sent: Sunday, February 12, 2012 9:19 AM
>> To: KineJapan at lists.acs.ohio-state.edu
>> Subject: Question on Fair Use of Film Stills
>> 
>> Dear Colleagues,
>> 
>> This has doubtless come up before but I'm not finding it in my archive of KineJapan.
>> 
>> Question: what is the law on fair use of film stills in academic publications in Japan? I.e., non-profit, for academic use only.
>> 
>> I am now hearing that in lieu of written permission from a rights-holder, the only form of publication that is considered acceptable is a thumbnail image, approximately 1/3 of the printed column width. Does this sound correct?
>> 
>> Would anybody by chance have a reference to the law on this?
>> 
>> Thanks in advance,
>> 
>> Mark Roberts
>> Research Fellow, University of Tokyo Center for Philosophy
>> http://utcp.c.u-tokyo.ac.jp/blog/mark_roberts/index_en.php
>> 
>> 
> 

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