Hi
My client had a 30 min doc made about him and screened on the now defunct LWT in 1986. He has a VHS copy taken I suppose from his TV at the time. We would like to use some of this footage as archival material in a new film to be screened on U Tube. He is the subject of the video and the whole tape is about his life. There is no crew mentioned. The recording has the name of the show "Encounter" but all titles were at the end in those days and are not present on the recording. I want to edit segments of the tape and not screen the tape in its entirity. I have searched the net but cannot find any hits for the programme. As LWT closed down years ago, I wonder what the copyright position is? Does anyone have any ideas that could help me decide how to proceed?
Newtovideo
The programme is still covered by LWT copyright, now transfered to ITV (the media company formed from Carlton, Granada etc.), now as I understand it, theoretically you need rights clearance but if you are using these short clips as critical review you might be able to use them under the 'critical review' clause. What you really need is advice from a good copyrights lawyer as you are entering a mine-field and a lot depends on how you intend to use these clips...
The programme is still covered by LWT copyright, now transfered to ITV (the media company formed from Carlton, Granada etc.), now as I understand it, theoretically you need rights clearance but if you are using these short clips as critical review you might be able to use them under the 'critical review' clause.
I wouldn't even consider using the clips without getting clearance. Unfortunately, that is likely to cost -- ITV archives aren't the cheapest, and you'd have to pay to get the rights cleared (the show is unlikely to have been done already). Try finding the program on itnsource.com and work from there if you want to persue it.
What you really need is advice from a good copyrights lawyer as you are entering a mine-field and a lot depends on how you intend to use these clips...
You don't. It is all quite simple, there is absolutely no clause in UK law that would let the clips be used without permission.
Steven
Sorry Steven but there IS a clause relating to 'fair use' in news or review. The problem here is, those clauses probably don't apply, that is why I suggested seeking good legal advice as it will depend on how the clips are going to be used.
Grenada/Freemantle took control of a lot of LWT's back catalogue.
They are therefore ( if i understand correctly ) the property of a still functional production company.
Thank you for your comments thus far.
If we only used the short clips from the main doc as U Tube items I wonder how that would float? I see on U Tube that there are endless clips of current as well as archive tv shows, music videos etc. It seems unlikely they had the owners permission to upload them. What is the copyright position, if for instance you record a show, edit a 3 minute segment and put it on U Tube? Would the owner hunt you down?
Newtovideo
Would the owner hunt you down?
If it was so obscure that hardly anybody watched it, then there's hardly anybody likely to know about it and come to hunt you down. But then what's the point of doing it in the first place?
If your client is prepared to spend money on getting you to do this, it sounds as though he's expecting people to see it, and in that case you really have to do things by the book.
It may be a lot more convienient (and cheaper) to just use the clips and hope for the best, but ask yourself how you'd feel if somebody took a similar attitude to using chunks of your films a few years down the line without permission or payment?
I see a world of difference between uploading (say) a 3 minute comedy sketch to U tube in it's entirety for no financial reward, and using clips as part of a project for which you are being paid.
Sorry Steven but there IS a clause relating to 'fair use' in news or review.
That may allow them to be used without PAYMENT, but Steven used the word PERMISSION.
It doesn't sound as if the proposed use is news or a review (after 22 years) of the original programme, but he'd still need permission even if it was.
[..//..] What is the copyright position, if for instance you record a show, edit a 3 minute segment and put it on U Tube? Would the owner hunt you down?
Newtovideo
They might do, they might tell YouTube to remove your upload - on the other hand it might not get noticed at all and you will have gotten away with breaking the law...
You are asking what the law is, that is simple, you almost certainly should be obtaining clearance to use the clips, at what ever cost that is. When I previously talked short clips, I was thinking about 10 seconds or less to put a commentary into context etc. and possibly seen via a monitor (rather than full screen) over the shoulder of a on-screen speaker, a 3 minute segment is long enough to be a short programme in it's self!
Thanks everyone for your input. You have really said what I was thinking. I agree with you that to use a filmakers product without his/her permission is not on. Problem is we don't know who the filmaker was or even if they are still alive. We only have a grainy VHS tape with no crew credits. I understand fully about owners rights and thank you for your time and comments. I am at a loss how to contact the owner. I tried the link given above to ITV but that produced nothing. Searches of the net have also drawn a blank. The client has no idea who made the film. I suppose I could upload the segment and then if the owner sees it and objects, at least we have someone to negotiate with.
I would write to the address (below) given on this page of itv.com, stating that you wish to trace the copyright owners and why, then be guided by their response, I assume that you know the production/programme name and when it was first broadcast / recorded. At least you then have a paper trail of trying should anything kick off later.
Non-viewer enquiries
For all non-viewer enquiries please contact:
ITV Network Centre
200 Gray's Inn Road
London
WC1X 8HF
Tel: 084488 18000
Fax: 084488 16355
Monday to Friday: 9.30am to 6.00pm
No do not do that. You may have a lawsuit on your hands. Get in touch with the TV. archive department in London and they should lead you in the right direction.
Always play safe with other peoples material regardless of its age or unknown.
Thanks everyone, I have requested copyright owners info from ITV/LWT and will see what comes back.