[Frameworks] question about fees for permission to use material

[Daniel Wilson]

To add to David Tetzlaff's comments, first...I wholeheartedly agree. In
addition to Fair Use though, look up and read specifically about the
concept of "derivative work". Classic example: Andy Warhol takes the
Campbell's Soup or Brillo "branding" AS IS...but by recontextualizing it,
he creates a derivative work. As first read of the description of your
project, it sounds a lot more like this would fall specifically into the
derivative work category, making an even stronger case for fair use.
Because it's a derivative work...you're basically taking the idea of the
article and deriving NEW fixed and tangible context/content, making YOU the
owner should any gallery owner want to see the releases. Your work, your
release to exhibit.

Now, that being said, I'm not a lawyer, caveat emptor, disclaimer
disclaimer disclaimer, blah, blah, blah. But if it comes to having a lawyer
friend review stuff for you, derivative works would be the sub-category of
fair use that'll best CYA as I understand what you're trying to do.

--
Dan Wilson. INTJ. Art. Music. Film.
Bartoli Filmworks - Milwaukee, WI
414.573.3456

"Don't be trapped by dogma -- which is living with the results of other
people's thinking." -Steve Jobs


On Thu, Feb 20, 2014 at 6:40 PM, David Tetzlaff <djtet53 at gmail.com> wrote:

> > as one friend who works in the business cautioned: my project and I are
> on their radar now.
>
> There is ZERO chance the NYT will sue you. They might not even send you a
> cease and desist letter. Copyright holders only go after people with money
> they can earn a judgement from, or people they see as "damaging their
> brand" (c.f. the Tom Forsythe Foodchain Barbie case).
>
> The Times isn't your problem. If you want to show the film around in
> public, enter festivals etc., the exhibitors/distributors will typically
> demand that you have clearances for any copyrighted material, or they may
> not show your work. (Open-and-shut Fair Use should be an exception, but
> sometimes the curators are really chicken-s**t). The smaller and more
> 'alternative' the venue, the less likely they are to care.
>
> > Should I try to talk them down?
>
> No. Waste of time and energy.
>
> > Should I claim "fair use," and use the text anyway?
>
> It's not Fair Use, as long as your script is substantively similar to the
> published text.
>
> > I'd appreciate any advice or hearing about your own experiences with
> this.
>
> Ted and carlileb's ideas are good. Write your own script that paraphrases
> the original. An 'idea' cannot be copyrighted, only a "fixed and tangible"
> form in which that idea is expressed.
>
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