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Copyright & Fair Use Blog
Titicut Follies on Google Video
Posted by Agnes Varnum on Oct 6, 2006 at 8:53 AM
Cinema Minima reported today that Frederick Wiseman’s seminal documentary Titicut Follies has been posted on Google Video. A quick look at the Google post reveals user “MK ULTRA 1967” has posted the whole film, and it does not appear to be Wiseman or his representatives. Cinema Minima asks “has this instance of the film been placed online with the permission of the copyright holder — which in this case, appears to be the filmmaker’s own company, Zipporah Films — or, under the ‘Fair Use’ exemption provided under the U. S. Copyright?”
Asking this question shows a complete lack of understanding of copyright and fair use. There is no provision in fair use for exhibiting someone else’s work whole, without commentary or modification, without permission of the copyright holder. The right to exhibit one’s work is one of the rights granted by copyright. Copyright infringement is one of the major issues facing free video upload services such as Google Video, YouTube and others. While many such sites will remove infringing materials, it is usually by request of the copyright owner. They must be vigilant to track each instance and send such requests, which might be ok for larger media corporations but more difficult for small independent companies such as Wiseman’s Zipporah Films.
The Center’s work in fair use for documentarians revolves around the need not to subvert copyright but to give filmmakers tools for understanding fair use, when it is appropriate to utilize copyrighted material and how to do so in a lawful manner. Simply because one can digitize someone else’s film and post it to the web doesn’t mean they have they have the right to; it is inappropriate to equate piracy with fair use. This kind of misunderstanding and lack of knowledge, seems to be one reason why professional filmmakers face such stiff opposition when attempting to utilize fair use in their work.
Click on the “Resources” tab and visit “Copyright & Fair Use” to find more on the subject.
Discussion
Hi Agnes, you are just popping up EVERYWHERE! (Attention progressive media companies, hire this woman, would you? she’s gets it...)
About that question: It’s worded so poorly it sounds like it was fed through an auto-translator. Having said that, I had a different reaction than yours. I think it’s good they posed the question - questions, opinions on all sides, its bringing the issue out and people like you and the Center get to set us straight.
No question of course they had no right to post that completed video without the copyright holder’s permission. Who would argue otherwise? - Mitch
PS is there a separate feed just for this blog (as opposed to the whole website? )
Posted by MTeplitsky on Oct 6, 2006 at 5:09 PM
Thanks for the thumbs-up Mitch. Yes, I agree that asking questions is great, but the fact that a Cinema Minima writer is making factual errors about copyright and fair use is troubling to me, especially if they go uncorrected (I tried to post a comment on their site but it wouldn’t post for some reason).
I’m working on the feed issue.