Using scanned images in a video?

[Ruester]

What is the name of your state (only U.S. law)? California

I am making a how to video for an artist friend of mine. He is referencing his influences in the video, in which I wanted to use scanned images from a book to illustrate the other artists that have influenced my friend.

We are planning on having this video sold through iTunes. Is it legal to use those scanned images from someone else's book in this video?

Thank you!

 

[FlyingRon]

Most likely the issue is what copyright protection the underlying art is. I can't take a picture of the Mona Lisa and assert copyright rights to it just because I put it in a book. However, if it were something like one of Andy Warhol's pictures, I'd need permission from Warhol's estate (not the book author).

 

[quincy]

Ruester, there is an excellent and very clever film on the copyright law, written and produced by a professor at Bucknell University for Stanford Law's Center for Internet and Society, Fair Use Project. It is available for YouTube viewing or download at the following sites:

http://cyberlaw.stanford.edu/projects/documentary-film-program
(under "films" click on "A Fair Use Tale")

or

http://www.youtube.com/watch?v=CJn_jC4FNDo.

Professor Eric Faden has used Disney characters, taken from Disney film clips, to educate on copyright law and fair use of copyrighted material. He also has a "chapter" on public domain materials. It is definitely worth a look.

The film does not suggest, by any means, that one can consider "fair use" blanket permission to use copyrighted material. Ruester, you would want to have an attorney (preferably one well-versed in copyright law) review your "how-to video" plans, and the artwork you wish to use, prior to producing your video - to ensure as much as is possible that you do not find yourself fighting a copyright infringement lawsuit.

Good luck.