Friday, September 28, 2012
With simultaneous efforts to use the equitable claim is a right of the citizens and the government's objective to limit its application, it is always interesting to see the attitude of creators and the reactions to navigation complicated to use copyrighted material the copyright in their own work. One could say that this is like trying to get through a maze of bushes in the heart of winter. Often, the threat of lawsuits simply kills a film that might otherwise have been made, or significantly impedes since the relevant source is omitted.

But the most interesting is when a developer is simply for the taste, so to speak. Justin Levine
written on a documentary film and the alleged hidden messages in Stanley Kubrick
The Shining
. The article discusses Rodney Ascher plan to release the film, which is full of clips from the original film, without even trying to communicate with Warner Brothers, the company that owns the rights to the film Kubrick.
102 minutes documentary deconstructs the hidden meanings in Stanley Kubrick's 1980 adaptation of Stephen King's horror novel "The Shining" - most of the time sequences of the film showing himself a copyrighted work owned by Warner Bros. Since its inception Sundance in January, Ascher movie was picked up for distribution by IFC Midnight and hook into the slots Directors' Fortnight in Cannes and Toronto Film Festival Vanguard boxes. It will cost a qualifying race to the end of the year, followed by a statement in March.


For one, Ascher has no choice but to go down into the burrow proof that the image is used is fair use, this will avoid having to pay large sums for WB license or be sued to show the film in theaters.



The use of film in this case should certainly be covered by fair use, but one of the problems with fair use is that you never know until a court he said. In fact, the article seems a bit misleading to say that Ascher must "demonstrate that" the use or risk being sued. The only chance you really have to be formally "prove" its use is covered would
after be pursued, which is an important part of the problem in all this. Scenes are used as needed and add a clear context. However, the decision to simply count Ascher fair use at all to pay license fees Warner Brothers zero is a break in the way other filmmakers have used in the past. Unfortunately, it is much more common for filmmakers to try to use the fair use intends to negotiate license fees down, rather than to avoid paying unnecessary fees at all. Entertainment lawyer Michael C. Donaldson serves as an example in the article.
According to Donaldson, obtaining the rights for just 30 seconds clip of a movie studio can cost between $ 6,000 and $ 8,000, an astronomical figure for a film produced in an independent. He often study to reduce costs after sending a complete package with a DVD of fair use and examples of litigation over the years. In a case with a study last year, the rate had dropped to $ 45,000 to $ 15,000.

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