Use of local TV news clip on website

[MetaJeffB]

Our business is in Delaware. Our company was featured on a segment during the local Philadelphia, PA news. We would like to make the video clip available for viewing on our website. Upon inquiry, the station told us it is a policy to not grant permission for any use of any portions of their programming. However, my research gives me the impression that I could use it. My reasoning is that, while our business is a commercial operation, we are not selling the video segment for commercial gain. Also, it would be offered for viewing as just one of several items in our "library" of company related materials. If anyone out there has some input as to whether this is a correct conclusion or false, please let me know.

 

[BelizeBreeze]

The station owns the copyright. And they have every right not to grant you permission to show the clip.

 

[MetaJeffB]

Does "fair use" not apply?

On the face of the matter, I felt exactly as you have replied. But as I looked at the Fair Use guidelines, I became lass convinced that was the case. "Fair use" seems to permit publicly offering in a "library" sense the access (not duplication) of video clips such as news broadcasts. Furthermore, the segment that I am wanting to allow to be viewed is a very small portion of the full 30 minute news program. I'm not sure if it matters or not, but this was a public broadcast program (not cable or satellite). Another "not sure it matters" is that I appear and am interviewed in the segment.

Perhaps I am just convincing myself that I can use it. But I just want to make sure that the relevant facts are know before throwing in the towel.

 

[divgradcurl]

On the face of the matter, I felt exactly as you have replied. But as I looked at the Fair Use guidelines, I became lass convinced that was the case. "Fair use" seems to permit publicly offering in a "library" sense the access (not duplication) of video clips such as news broadcasts. Furthermore, the segment that I am wanting to allow to be viewed is a very small portion of the full 30 minute news program. I'm not sure if it matters or not, but this was a public broadcast program (not cable or satellite). Another "not sure it matters" is that I appear and am interviewed in the segment.

Perhaps I am just convincing myself that I can use it. But I just want to make sure that the relevant facts are know before throwing in the towel.

BB is right on. Now, you could go ahead and use the clip without permission, and when they sue you, you could try and use a "fair use" defense -- maybe that would work. Remember, "fair use" is not a "right" that you can assert -- rather, it is a defense to an infringement action -- so even if your use is a "fair use," the way you determine that is a fair use is by succesfully defending yourself against an infringement claim in court -- and that takes lawyers and money.

Also, just for the sake of completeness, copyright law doesn't discuss permitting unauthorized use of a copyrighted work "in a "library" sense" -- rather, copyright law specifically allows libraries themselves to do things that would get anyone else in trouble. It's not enough to do what a library does, or act like a library -- you've got to BE a library for these exceptions to apply to you.

 

[MetaJeffB]

Thank you!

I appreciate the advice you both have given.