[KineJapan] Copyright-free images

[Maria Roberta Novielli]

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!
>
> (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.)
>
> 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.
>
> 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.
>
> As for the photo from the children's book, you couldn't claim fair use
> unless the book itself was the object of analysis.
>
> Markus
>
> PS: Covers are another matter. As PR instruments, they are not covered by
> fair use principles.
>
>
>
>
> On Thursday, September 11, 2014, Mark Roberts <mroberts37 at mail-central.com>
> wrote:
>
>> Dear Roberta,
>>
>> On Sep 10, 2014, at 10:01 PM, Maria Roberta Novielli wrote:
>>
>> 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.
>>
>>
>> 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?
>>
>> 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.
>>
>> It would be helpful to know how to handle this situation, and especially
>> what to tell a publisher.
>>
>> I hope somebody on KineJapan more knowledgable than I can weigh in on
>> this.
>>
>> Mark
>>
>
>
> --
> *Markus Nornes*
> Chair, Department of Screen Arts and Cultures
> Professor of Asian Cinema, Department of Asian Languages and Cultures
> Professor, School of Art & Design
>
> *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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