Yet Another Copyright Question

CClub wrote on 8/1/2007, 5:40 PM

I was planning on using a couple scenes from "Triumph Of The Will" for an upcoming documentary on a Holocaust survivor. Given that it was made in 1934, it should be public domain. Here's the question: I found a website where I can download the full film for free (3.8 GB). Should be no issues using clips of it in my documentary, correct?

Comments

MichaelS wrote on 8/1/2007, 6:26 PM

Careful....

A simple google search turned up an interesting history to this film, including the below linked information.

http://palimpsest.stanford.edu/byform/mailing-lists/amia-l/2004/08/msg00232.html

Hope this helps.

CClub wrote on 8/2/2007, 3:57 AM

Very interesting. I'll follow up on that.

I'm still researching the "Fair Use" stuff regarding documentaries; if there is a copyright by that company (which appears debatable anyways), perhaps I can fit it under fair use.

JackW wrote on 8/2/2007, 4:13 PM

What you're looking for is http://www.copyright.gov/title17/92chap1.html#107, sections 107-118, where "Fair Use" is spelled out very clearly.

Good luck.

Jack

xberk wrote on 8/3/2007, 7:36 PM

Give credit to the original film. Give credit to any distributor etc who has any rights you can find. Use it freely. Don't ask permission to use it. Send a copy of the film when finished to anyone who owns distribution or other rights.
I'm assuming your going to make a factual piece about this holocaust survivor.
If you get sued for using some clips from a Nazi propaganda film in a legit effort about a holocaust survivor ---start screaming to the New York Times, CNN, Fox News etc. Send them copies of your film YOU, your film and the survivor will all become famous overnight. A press agents dream come true. They would have to prove in court that the owners of this Nazi film were somehow damaged financially, denied income or damage was done to their reputation etc. etc. Famous attorney's may start calling you to defend you. You may have to pinch yourself as you get ready to be on Larry King Live. Do I go too far?