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Fair use of machinima for press story?

Posted on April 24, 2007 by

Presshat photo by conform on flickr
IANAL, for sure.  On a couple of occasions I have found some of my machinima videos being used in television and web newscasts about Second Life or politics. Much of my work is licensed under a Creative Commons non-commercial / sharealike / attribution 2.0 license.  So I have no major problem with my videos being used for various purposes.  At the same time, I like to be recognized for doing the work cause that’s just fair.

I had assumed that a news program has to credit me if they re-broadcast some video that I produced.  However it occurs to me that this might fall under the Fair Use Doctrine, particularly if they are using a tiny portion of the video in their broadcast. Am I within my rights to ask a media source to credit me if they are taking a snippet of my video and airing it on their program? Any insight from IP lawyers or others with experience with this is much appreciated.

1 thought on “Fair use of machinima for press story?”

  1. Jeff Porten says:
    April 25, 2007 at 12:37 am

    Ask yourself this: when was the last time the same media outlet ran a clip from any Hollywood media *without* a tagline indicating where it came from? Sounds to me like you deserve the same treatment — if not by a matter of law, then by a matter of corporate policy.
    The stickier question is enforcement: next time it happens, what do you do? I don’t know that a lawsuit is particularly effective here, unless you have $100,000 and no idea what to do with it. Perhaps enlisting coverage in an alt-weekly?

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