Hi Stefan,
Below is a response from Adam Richardson, Head of NHM Studios:-
I would be extremely cautious about streaming unlicensed copyrighted material in any circumstance. At the very least, YouTube is likely to automatically identify these clips and monetise them on behalf of the copyright owner. I've had a search for some previously given advice from our intellectual properties officer and have found the following (although this was for a different scenario):
• To use a film legally you either need a licence from the rights holders or collecting society, or your use needs to fall under an ‘exception’ to copyright
• There is a useful ‘exception’ to copyright which is entitled ‘Illustration for instruction’ [CDPA, Part1, Chapter 3, Section 32]:
• The exception is ‘subject matter neutral’ so applies to all types of copyright work, including films.
• It falls under a broader exception heading ‘Education’ but this one is not limited to use in/by educational establishments/schools/colleges etc. so could be used by a museum as part of our educational activities.
• It cannot be overridden by contractual terms so if your use is permitted under this exception any contractual term that purports to prevent your use is unenforceable.
• To use this exception as a defence to infringement your use must also comply with some other criteria:
• The use must be ‘fair’. All exceptions should be interpreted with reference to the Berne Convention ‘3-step test’ which only permits countries to introduce exceptions to copyright “in certain special cases, provided that such reproduction does not conflict with a normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author”. http://www.wipo.int/treaties/en/text.jsp?file_id=283698
• It must be for a non-commercial purpose
• The use must be made by a person giving (or receiving instruction or preparing for this)
• The use must be accompanied by sufficient acknowledgement (unless this would be impossible for reasons of practicality or otherwise).
I hope this is of help
Kind regards
Jez
Jez Burn | Technical Production Manager | Natural History Museum | Cromwell Road | South Kensington | London | SW7 5BD | E: [log in to unmask] | T: 020 7942 5432
-----Original Message-----
From: Museums Computer Group [mailto:[log in to unmask]] On Behalf Of Stefan Marianski
Sent: 04 February 2019 16:02
To: [log in to unmask]
Subject: Video copyright & fair use guidelines
Hi all,
A question for video content gurus:
We are preparing to release videos of a recent conference on our YouTube channel. The conference had a film theme, and many of the presentations included clips from popular films and TV shows.
There’s a general conviction that we’re probably OK to include the clips under ‘fair use’ - but I haven’t managed to find any concrete guidance on this.
From what I’ve managed to glean, we have a strong case on the grounds that (1) the copyrighted content is being used for a different purpose than it was originally created for, and (2) the material taken was appropriate in kind and amount.
But this is uncharted territory for us. Can anyone please advise?
Thanks in advance
Stefan
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