[KineJapan] permission for using stills

Tue Jun 7 22:40:40 EDT 2016

Hi Earl,

There generally are four tests for whether you can claim fair use:

1) Are you doing this for profit, or for the purposes of education, etc.?

2) Are you bringing the material under analysis or critique, or just
cutting and pasting (which would be stealing)? Put simply, is your work
transformative? That's one of the most important things now, and helps
explain the existence of things like The Daily Show.

3) Are you using a substantial portion (or all) of a work? 1/24th of a
second of a feature film is not substantial. (But reproducing a PR still or
poster is.)

4) Will your use of the image adversely impact the copyright owner's
ability to profit from the work?

Because you are clear on the four tests, you can claim fair use. Pretty
much all the major publishers have accepted this. I would direct your
publisher to the major textbooks of Bordwell and Thompson. They never ask
for permissions for any of their books, which include hundreds and hundreds
of frame grabs. Since they include money-making textbooks, they are the
first authors that copyright holders would target to test the fair use law.
That no one has brought them to court says a lot. Your publisher is safe.

BTW, the test above was developed with lawyers by a group of film scholars
and filmmakers led by Pat Aufderheide and Gordon Quinn of the Kartemquin
film collective. If you want to learn more, Pat's book "Reclaiming Faire
Use" is fascinating.

You can consult the following

https://urldefense.proofpoint.com/v2/url?u=http-3A__c.ymcdn.com_sites_www.cmstudies.org_resource_resmgr_docs_fairusefilmstills.pdf&d=DQIBaQ&c=clK7kQUTWtAVEOVIgvi0NU5BOUHhpN0H8p7CSfnc_gI&r=e7qMG9KFq7WNnPQWULWHJA&m=m7My_1o73QuUxifEl5NuSnxlGa54hgaFM5nv8NAXHKk&s=Pf1xzBdtZjcdTT9a1u2wB2SujQ9nhXNLWqCfI4dA7ZE&e= 

https://urldefense.proofpoint.com/v2/url?u=http-3A__www.cmstudies.org_-3Fpage-3Dfair-5Fuse&d=DQIBaQ&c=clK7kQUTWtAVEOVIgvi0NU5BOUHhpN0H8p7CSfnc_gI&r=e7qMG9KFq7WNnPQWULWHJA&m=m7My_1o73QuUxifEl5NuSnxlGa54hgaFM5nv8NAXHKk&s=vWI2CyhCFSbYvg0_k2PlUCq2GvPf9jm7nKlyMs-_peM&e= 

If your publisher doesn't relate. Jump ship. There are plenty of others. I
want to see your book with every single picture.

Markus

On Wed, Jun 8, 2016 at 10:23 AM, Japanese Cinema Discussion Forum via
KineJapan <kinejapan at lists.osu.edu> wrote:

> Which publisher?
>
> Markus
>
> On Wed, Jun 8, 2016 at 5:47 AM, Japanese Cinema Discussion Forum via
> KineJapan <kinejapan at lists.osu.edu> wrote:
>
>> Dear Everyone,
>> I am writing an essay on Japanese War films. The editor tells me I must
>> get explicitly stated permission for every screen-grab still I include. All
>> of the films are at least 61 years old. Most are Shochiku and some are
>> Toho. I would deeply appreciate any advice on how I go about this, or on
>> how to make a convincing case that including such stills are protected by
>> Fair Use considerations.
>> thank you.
>> best
>> ej
>> Earl Jackson
>> Professor
>> National Chiao Tung University
>> Associate Professor, Emeritus
>> University of California, Santa Cruz
>> Co-Director
>> Trans-Asia Screen Cultures Institute
>>
>> _______________________________________________
>> KineJapan mailing list
>> KineJapan at lists.osu.edu
>> https://urldefense.proofpoint.com/v2/url?u=https-3A__lists.osu.edu_mailman_listinfo_kinejapan&d=DQIBaQ&c=clK7kQUTWtAVEOVIgvi0NU5BOUHhpN0H8p7CSfnc_gI&r=e7qMG9KFq7WNnPQWULWHJA&m=m7My_1o73QuUxifEl5NuSnxlGa54hgaFM5nv8NAXHKk&s=nCs1z8DaeakXaPm3iQ_VUkURAA8Qm9MJyD57dayKkqQ&e= 
>>
>>
>
>
> --
> *Markus Nornes*
> Professor of Asian Cinema, 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*
>
>
> _______________________________________________
> KineJapan mailing list
> KineJapan at lists.osu.edu
> https://urldefense.proofpoint.com/v2/url?u=https-3A__lists.osu.edu_mailman_listinfo_kinejapan&d=DQIBaQ&c=clK7kQUTWtAVEOVIgvi0NU5BOUHhpN0H8p7CSfnc_gI&r=e7qMG9KFq7WNnPQWULWHJA&m=m7My_1o73QuUxifEl5NuSnxlGa54hgaFM5nv8NAXHKk&s=nCs1z8DaeakXaPm3iQ_VUkURAA8Qm9MJyD57dayKkqQ&e= 
>
>

-- 
*Markus Nornes*
Professor of Asian Cinema, 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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