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Ed Turner
Ed Turner,
Category: Law
Satisfied Customers: 1745
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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I have a question about fair use, UK, but the copyright

Customer Question

Hello I have a question about fair use
JA: Where are you? It matters because laws vary by location.
Customer: UK, but the copyright holder is in the US
JA: What steps have you taken so far?
Customer: i have contacted the owner, I do still plan to get permission I just want to know if it falls under fair use should it come to this point
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: its for a tv review
Submitted: 15 days ago.
Category: Law
Expert:  Buachaill replied 15 days ago.

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

Expert:  Buachaill replied 15 days ago.

1.  What is the piece you wish to use and why do you believe it falls within "fair use"?  Set it out in the context of the tv review so that advice can be given on it.

Customer: replied 15 days ago.
Hello, sorry for the late reply
Customer: replied 15 days ago.
I plan to launch a website where a review and produce content regarding my favourite tv show (Brooklyn nine nine), I also run a social media account for the page where I post pics from the show to attract a following.
Customer: replied 15 days ago.
In my articles and reviews a use still images, or pictures photographers have taken on set, I believe this may come under fair use as it falls under the review or commentary catogry
Customer: replied 15 days ago.
I’m not sure how the rules are affected as I live in the uk but the copyright holder for the show is in America. I’ve attempted to contact the copyright holder of an individual photographer, I couldn only find his Facebook as well as the content license manager at the tv network, I’ve been told to expect a reply.
Expert:  Buachaill replied 15 days ago.

This is outside of my area of expertise, particularly in how US copyright conceptions of fair use will impact upon what you can produce in the UK.  So, I will Opt out for another Expert who can better help you with your query.

Customer: replied 15 days ago.
Ok, great thanks
Expert:  Ed Turner replied 14 days ago.

Hello.   I am Ed, a Solicitor qualified in England & Wales with over a decade’s experience in the legal profession advising clients.

I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and shall be reviewing your legal problem today.

Regarding the site’s automatic offer of a Premium Service Phone Call, I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the offer.

However, if you do not want a phone call, please cancel the offer for a Premium Service Phone Call and you will not be charged extra.

Expert:  Ed Turner replied 14 days ago.

I have reviewed your scenario and your proposed use of others’ works and I believe that you will not be at risk of infringing on copyright or other Intellectual Property Rights.   These terms are well-known terms in art and popular culture based on stories and characters which are firmly in the public domain and have entered public discourse as much as the phrase “to Google” is now a recognised term meaning “to search the Internet”.   Furthermore, you are referencing these terms and characters by way of illustration for your own work, rather than “passing off” others’ work as your own.

You should consult with your publishers and their editors over proper attribution of others’ words and ideas.   However, I believe that crediting the Intellectual Property Rights owners (i.e. the original authors and TV producers) within the main body of the text (i.e., “As Corporal Jones in the beloved BBC sitcom, ‘Dad’s Army’, used to say, ‘Don’t panic!   Don’t panic!’”) and having a bibliography at the end of your book citing all others’ works you used to write your book will be more than sufficient.

Expert:  Ed Turner replied 14 days ago.

I hope this resolves your enquiry.   Please revert to me if you require any clarification of my answer to your question and I shall be delighted to assist.

Kind regards

LawyerEd

Customer: replied 14 days ago.
Hello Ed, thank you this was very helpful. I’m not going to accept the premium call. I’m confident I’m not infringing any copyright rules, though I would still like to obtain a license just to be on the safe side. I’ve attempted to contact those on the show (I’ve tried the creator as I believe having him on my side would be great but he doesn’t seem to have any on contacts apart from Twitter where he’s direct messages are switched off). I’ve also contacted the licensing content department at the network.The show is Brooklyn Nine-Nine
The creator is Dan Goor
The Network is NBCWhat do you recommend I do?
Expert:  Ed Turner replied 14 days ago.

Yes, I agree with that course of action.

Expert:  Ed Turner replied 14 days ago.

I am delighted that I have resolved your enquiry.

I wish you all the very best in resolving this matter and of course for safely navigating the current “choppy waters” in which we all find ourselves. :)

Kind regards

LawyerEd

Customer: replied 14 days ago.
Hello, can you recommend me as to how I go about this
Expert:  Ed Turner replied 14 days ago.

You should investigate the author's carefully to check whether they are protected by UK or International Trademarks, Design Rights, Patents and Creative Commons Licences.   The creators’ own websites should assert what special IPRs protect their works and you can also search the following websites:

UK Intellectual Property Office: https://www.gov.uk/government/organisations/intellectual-property-office

World Intellectual Property Organisation: https://www.wipo.int/portal/en/index.html

EU Creative Commons: https://creativecommons.org/

Customer: replied 14 days ago.
Do you happen to have contacts for the above that I mentioned
Expert:  Ed Turner replied 14 days ago.

No, you need to research who owns the IPR and contact the yourself.

Customer: replied 14 days ago.
What’s the best way to that. For a tv show is it likely to be a network or person that owns all still photos from episodes or will an individual photographer own each one
Expert:  Ed Turner replied 13 days ago.

You need to do that research for yourself or instruct solicitors or IPR specialists at further cost to do it for you.

Customer: replied 13 days ago.
Ok thanks
Expert:  Ed Turner replied 13 days ago.

You're welcome.