[KineJapan] Copyright-free images

[Maria Jose Gonzalez]

Japanese media informed today of the passing of Yamaguchi Yoshiko.
Yamaguchi Yoshiko-NHK News


On Thursday, 11 September 2014, 23:19, Maria Roberta Novielli <novielli at unive.it> wrote:
 


Thank you, Markus. However, in Italy we have very strict rules on the matter, since we have to demonstrate that we actually got the permission to publish a still. 

Best,

Roberta


2014-09-11 2:16 GMT+02:00 Markus Nornes <amnornes at umich.edu>:

From the POV of North American publishing, the question of frame grabs (from video or film) appears settled. There are good posts on the background for this on the SCMS website and Bordwell's blog. They consider it the equivalent of a quote, so no need to contact rights holders. Obviously, NHK is taking this position. Good for them!
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>(This has, by the way transformed book design. Now many publishers use page layouts that accommodate small images, since DVD grabs pixel out when blown up.)
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>So I would assert fair use and let the publisher lead the way. If they balk, you could try showing them the websites above, although they are aimed primarily at American publishers. 
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>I once worked with a press that was sitting on the fence. I pointed out that if anyone is going to get sued over this, it'd be Thompson and Bordwell. Their textbooks make a lot of money and they've never paid for frame blow ups. 
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>As for the photo from the children's book, you couldn't claim fair use unless the book itself was the object of analysis. 
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>Markus
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>PS: Covers are another matter. As PR instruments, they are not covered by fair use principles. 
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>On Thursday, September 11, 2014, Mark Roberts <mroberts37 at mail-central.com> wrote:
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>Dear Roberta,
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>>On Sep 10, 2014, at 10:01 PM, Maria Roberta Novielli wrote:
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>>I would use some stills taken from DVDs, but I wonder if the rights belong to the producers of the DVDs or to the original production companies, if still existing. 
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>>My understanding has been that the production company is the rights holder, not the distributor. There is, as you note, a question in the case of production companies that no longer exist. I gather that the rights often go to the director or his/her family, but I am not sure about the law on this. For example, the ATG films are not old enough to be public domain, but the production company is defunct. What is their status?
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>>There is thus a lingering question in my mind about whether it is really necessary to go through the formality of contacting the rights holder. I have heard via the Copyright Research and Information Center of Japan (http://www.cric.or.jp/), that this is "recommended", even if it merely to inform them that you intend to use DVD stills in a publication. Of course, if the production company no longer exists, it may not be so simple to do this.
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>>It would be helpful to know how to handle this situation, and especially what to tell a publisher. 
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>>I hope somebody on KineJapan more knowledgable than I can weigh in on this.
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>>Mark
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>-- 
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>Markus Nornes
>Chair, Department of Screen Arts and Cultures
>Professor of Asian Cinema, Department of Asian Languages and Cultures
>Professor, School of Art & Design
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>Department of Screen Arts and Cultures
>6348 North Quad
>105 S. State Street
>Ann Arbor, MI 48109-1285
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-- 

Maria Roberta Novielli
Professore Associato 
Università Ca' Foscari Venezia
Dipartimento di Filosofia e Beni Culturali
Malcanton Marcorà, Dorsoduro 3484/D - 30123 Venezia
Tel. 041 234 6244
Fax: 041 234 6210
cell. 335 5463556

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