Archival footage and fair use

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pacey1800

I've posted some of the short films I've made here, completely comprised of archival footage and images. I have considered making longer-form documentaries with original footage that I plan to shoot myself (interviews, etc.) However, since the rights fees for footage are so high, I have considered using the Fair Use doctrine as a justification for using various archival footage in whatever film I go on to make. Of course, this footage would not be used in a negative light or to slander anyone, rather it would be used to supplement the documentary and to add context to the subject of the documentary.

I am literally working on no budget at all, and I don't have the money to pay for archival footage, I can't pay hundreds or thousands of dollars for even a few seconds. I have a lot of footage of sporting events from my personal tapes and of other things. What I would like to know is this: even if I were to use a few seconds or even a few minutes of footage, and even if I was not using it to put anyone in a negative light, could I claim fair use? I have so much stuff on DVDs I recorded myself and DVDs converted from old VHS tapes. I'm not trying to break the law here, it's just that I don't want to feel like I have to spend a fortune on rights to footage that could have been better spent in overall production.

One final question, and this may sound rather silly, but on the films that I did show here and link to from my Youtube page, even if the footage is public domain or copyrighted or if any images are copyrighted, should I still go about copyrighting the films themselves? I ask mainly because I am considering submitting some of them to film festivals in the near future and I don't know if copyrighting them is a requirement. It probably is, but I'm just not sure. Anyway, any suggestions are welcome. Thanks.
 
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knightly said:
I'll also add my personal outlook... "Ever Forward!" Don't stop moving, don't take time to wallow in failure and depression, don't take time for people to tell you you'll never succeed - Just keep at it.

If you tell yourself you can't do it, you're right... conversely, if you tell yourself that you can, you're right.

So, go make like Nike! "Just do it!"

If you make stuff with non-licensed, non-public domain stuff, you can still make it - nothing stops you from making it, you just can't sell it or show it, it becomes a learning opportunity/ tool.

If you intend to try to make money off of it, then we fall back on the old business adage, it costs money to make money :) - or you can find interesting workarounds.

Never apologize unless you've done something wrong or harmful... show some confidence, you're a filmmaker - there's no time for being self-conscious (in public).
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Amen!
 
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Thanks, everyone.

I guess right now I'm concerned because I've tried looking everywhere for any public domain footage of any kind, and I just can't seem to find what I'm looking for, especially if I was to go back and re-edit the Olympic film that I did. As I see it, only two of the films I made that were made of public domain footage may even have a chance of getting anywhere, and I'm concerned that I may be down to only one because of the still photos. For the other films I've done, that I've shown here, I am now concerned that I will either have to completely scrap them or re-make them. Even the so-called "royalty-free" footage goes for outrageous prices that could better be spent on equipment or other resources, which only leads me to conclude that I will not be able to make any documentary-type films at all.

Again, I could try to make fictional films but I just don't have any other ideas for anything at the moment, and as I've said, there's no way I can do it any time soon considering that I have to finish school and that I will be extremely busy. The only other thing I can do is just write, but again, if anything I do gets produced, that would be completely out of my control. I've considered writing "webisodes" but I have absolutely no ideas for anything right now. Again, thanks for all your help.
 
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Fair use

I know I posted about this before, but I still don't quite understand how fair use works. As soon as I get my camera for Christmas, I want to get started on this project documenting the history of my family, including myself. In my case, I was born in 1982, on the day of a plane crash, and I happen to have some footage from a local newscast (since this took place not far from the hospital where I was born) from that day. I tried checking with UNO (the University of New Orleans) who has the station's archives in their collection, and they told me that they don't know if they even have it, but they suggested I look into using the fair use clause. I am very confused as to what I can do with it. For instance, if I was to use 10 seconds or so of footage from that day to put in context what it was like on that day, does that constitute fair use? I'm completely confused by this, and I don't know if I should even contact the station to see if they can give me permission to use some of it (and it really won't be any more than 10-15 seconds). Can anyone explain this to me? Please let me know. Thanks.
 
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http://www.copyright.gov/fls/fl102.html

Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:

1. The purpose and character of the use, including whether such use is of 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
4. The effect of the use upon the potential market for, or value of, the copyrighted work

The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.
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sonnyboo said:
http://www.copyright.gov/fls/fl102.html
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Thanks, Sonnyboo.

This really isn't going to be for any commercial purposes, i.e. submission into film festivals or anything. Rather, what I'm doing is mainly a personal document detailing the history of my family, for their viewing only. This is, as I've mentioned, a personal project for me, mainly because I lost so many photos in Katrina, as well as home video that I can never get back. In lieu of that, I want to put together an oral history of my family, and it's for their viewing only. I admit that I'm still kinda young to be doing an oral history of myself, and I also think that I've been worrying about this too much. I don't want to put a timetable on anything I do, or a deadline or anything. Thanks for clearing it up for me.
 
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Dreadylocks,
I actually meant to say that I sent a PM to you, a few days ago. It was just something about what I was planning to do with this family project, and me thanking you for your help. Anyway, thanks again for your help, and to everyone here, I thank all of you as well.
 
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