How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Alex J. Your Own Question
Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3844
Experience:  Solicitors 2 years plus PQE
Type Your Law Question Here...
Alex J. is online now

This question is about fair usage in a documentary. The BBC

This answer was rated:

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.
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 2 years ago.
Thank you is very clear.
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
Alex J. and other Law Specialists are ready to help you