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Alex J.
Alex J., Solicitor
Category: Law
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Experience:  Solicitors 2 years plus PQE
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This question is about fair usage in a documentary. The BBC

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This question is about fair usage in a documentary. The BBC made a film about a well-known man in this country. We are now making a film for that man's archives. Can we use clips from the BBC film and clear them for fair usage or do we have to pay the BBC a copyright fee? To be clear we will be making a DVD for sale in that man's local shop, so there will be money in it but the money is to keep his house and his archives going.
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.
Hi Thank you for your question and welcome. My name is ***** ***** I will assist you. The copyright in the material belongs to the BBC, if you are going to use it you will need their permission firstly on moral grounds (they have a right to determine how the material is used) and secondly on financial grounds (as the test for using material is qualitative not quantitative). They may well waive a right to a fee, but you would still need their permission to use the material on moral grounds. The defence you are talking about against copyright infringement really covers situations where the breach is for educational purposes, news and critical purposes and incidental use (see the Copyright Patents and Designs Act 1988 S.28-36). The fact that you are making a commercial gain from this means that you must ask for permission or risk being embroiled in an infringement claim. Kind regards AJ
Customer: replied 1 year ago.
Thank you is very clear.
Expert:  Alex J. replied 1 year ago.
Can I assist you any further? I would be most grateful if you could rate my answer when you have a moment. Kind regards AJ
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