Copyright/Fair Use Question
7 replies
GridIronKing34forum_veteranOPThis fall I am interested in doing a documentary about fantasy football and it's uproar/impact on today's society. I would like to use small clips of top players (not the primary point of interest of said documentary) from NFL footage. However while I believe this is fair use because:
A) I am not using the footage as it was originally valued and am transforming it.
B) The footage is not the primary point of interest/topic.
Does anyone know if I am on the right track here? I do realize that the NFL is very stingy with copyright material so of course I have to attribute them. I just don't think that dealing with the NFL will be easy because they will have no sympathy for my school documentary project.
unluckylucianoNew Memberwhy don't you ask your adviser or professor?
thanks to VO for the sick ass sigs. 
Charlie: If you're not as educated or as informed what you do is you start your own party and you yell the loudest.
GridIronKing34forum_veteran"unluckyluciano wrote:
why don't you ask your adviser or professor?
School isn't in session yet... I am just "ahead of the game" so to speak.
MikeHonchosubscriberCite or put in "footage curtesy of" watermarks in there?
Headcoach material wouldn’t want to work somewhere they’re not trusted with actual football decisions.
unluckylucianoNew Member"GridIronKing34 wrote:
School isn't in session yet... I am just "ahead of the game" so to speak.
hmmmmmmmmmmm I don't know of any professors that all book it home during the summer lol. I'm sure there has to be one at random you can ask .
thanks to VO for the sick ass sigs.
Charlie: If you're not as educated or as informed what you do is you start your own party and you yell the loudest.
GridIronKing34forum_veteran"unluckyluciano wrote:
hmmmmmmmmmmm I don't know of any professors that all book it home during the summer lol. I'm sure there has to be one at random you can ask .
I thought I'd try here too... It's not something I have to know right away... :lol:
AbideN703New MemberYou aren't profiting off of it and I doubt anyone outside of your school would see it. It seems alright to me but as you said, I'd check with someone who has a definite answer.
jdang307subscriberFour factor fair use test. If you want it to be fair use, maximize the factors.
1-the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2-the nature of the copyrighted work;
3-the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4-the effect of the use upon the potential market for or value of the copyrighted work.
1 helps you here. Plus, since dissemination of facts or info helps the public, it helps when the stuff is not fictional. Documentary for school helps.
2 is probably the most significant. The more transformative the better. In your case, I think it is very transformative.
3 is obvious. Shorter the better, and the less significant to your work even better.
4 Your small usage probably will not diminish the NFL's market at all. You're not even selling anything. Nobody looking for the NFL is going to mistake you as a replacement.
None of the above is legal advice. You're on your own. But like I said, maximize the factors in your favor. This is such a fact based analysis nobody has the answer until it goes into court and is decided. But you're on the right track.
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