Wednesday, December 02, 2009

Fair Use and Film

"In thinking it through, I made the analogy that if a student had written a paper that utilized four cleverly selected quotes from significant novels to make their point [instead of using four video clips], I would be exceedingly impressed by their literacy skills." -Quoted in The English Teacher's Companion by Jim Burke, page 326

This line struck me like a thunderbolt as I was reading for class. Since the inception of copyright law, fair use clauses have permitted people to quote limited amounts without any concern for copyright. I don't need to pay the author to lift a line or two, as long as I don't claim that author's work as my own; I can quote for reviewing or academic purposes freely, and no one cares if I quote a few lines in an original work of my own (again, as long as I give credit where credit is due).

So what's the deal with fair use for films? A quick Google search yields no regulations about film use, but there's a certain illicit feel to film clips and screencaps. Am I legally liable if I arrange a bunch of film "quotes" from copyrighted works into a new work? If I use a series of screencaps for a show? Why is there a distinction, and why are companies permitted to employ DRM which prevents even fair use of their works?

I don't deal in music and video editing, so the relevance to my life is limited. But with YouTube becoming increasingly regulated re: copyright, I can't help wondering whether anyone will remember the vital use of fair use in analysis, study, and creativity.