To David Jones, JRV and to all
To David Jones, JRV and to all others who are reading this,
I appreciate David's point-of-view and share his concerns about liability. However-- without question-- my posting of two clips from the film, Bad Boys 2 and the music of Bas-Mati all clearly fall within the "fair use" provisions (section 107) of the current U.S. Copyright law.
(what follows is taken directly from the U.S. Copyright.gov web site)
"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:"
(before we go on, I want to say that I had permission of the Bas-Mati band to post an audio clip of their music. And this posting has led to at least one purchase of their CD, "Radio Paint" by a viewer in Wisconsin And in regards to my posting video clips from the film, "Bad Boys 2"-- where prior permission was not made because it was not necessary, per section 107-- I would note that in both my postings, as an accredited Wyoming journalist reporting on the portrayal in the film of the 550's capabilities, I carefully and intentionally made specific commentary, relative to the clips shown. And my commentary was in regards to both the technical accuracy and cultural portrayal of the 550 Maranello in the film. And I critically pointed out where the absurdity of the film clearly lays and how a number of the film's special effects with the 550 were achieved. All of this meets Section 107's requirements)
What follows, again, is from the U.S. Copyright web site, describing the criteria for properly invoking Section 107:
1.
the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;
(this Ferrari-talk web site is clearly non-profit and educational in nature, therefore this criteria is met, both actually and on the face of it)
2.
the nature of the copyrighted work;
(I cited the DVD being available from Sony. And the clips that I used were strictly limited to illustrating the references that I made in my posted text)
3.
amount and substantiality of the portion used in relation to the copyrighted work as a whole;
(I made minimal use of exerpts from the video; and only used clips that specifically illustrated my journalistic commentary)
and
4. the effect of the use upon the potential market for or value of the copyrighted work.
(if anything, my fair use of these clips in this Ferrari education and discussion environment--along with my citation of Sony as copyright holder and the film's availability on DVD-- probably is stimulating rental or sales of the DVD among Ferrari enthusiasts...just like the sale of a "Radio Paint" CD for the band, Bas-Mati!)
In conclusion, I posted these clips with specific commentary that completely justifies my invoking the fair use provision under Section 107.
My journalism training was at USC in Los Angeles and my own video productions have been broadcast on The Discovery Channel.
But this is not my web site and I'll certainly defer to the site owner's judgement, if the decision is made to remove the Bad Boy 2 clips.
Cheers to all! John
|