NG
It was a Shiver production, so yes, in-house at ITV. But that show was a piece of light entertainment and the TVS Catchphrase clip just used in a montage to represent game shows in general rather than a specific piece about Catchphrase and TVS - so, good though that doc was, they clearly weren't spooling through acres of tape and ploughing through acres of paperwork to find it and digging out rare footage, it was clearly very easily available.
Presumably it's a bit like the Mike Smith situation, it's perfectly possible to show clips from them under fair use, but showing the whole programme is much more complicated.
Yes - the paperwork is irrelevant for a "fair use" clip as there are no rights to settle, if any fee is paid to the distributor then it is purely for the admin involved in providing a copy.
If by 'fair use' you mean the UK 'fair dealing' system - then you wouldn't normally be able to fair deal a clip that you have specifically requested from a distributor for them to supply. You'd need to source the clip independently usually - which is why 'fair dealing' clips are often sourced from VHS, DVD or YouTube (You can tell them because they always have a lot of credit information on them - director/writer, broadcaster/production company etc.)
You can 'fair deal' a clip from your own archive (remember broadcasters don't own all the rights to their shows) - but it's contractually difficult to source a clip from someone else's archive and then fair deal it.
HOWEVER - in this case if the broadcaster has a copy of the material in their archive but can't legally sell it to you because they don't have information about the rights to let them do so, they may well agree to supply it for a fee (to cover costs of duplication/digitising and uploading) if you accept the rights issues surrounding it and chose to use it by 'fair dealing' it.
(Fair Dealing is complex - but you are usually allowed 'Criticism or Review', 'Reporting Current Events' or 'Quotation' usage. You have to use the minimum length possible to make your point - and quotation has to be short - usually <20" and often less than <10". Under criticism or review you have to criticise or review the artistic work you have specifically shown for at least the duration of the material show if not longer, you can't run 1'00" of content and talk about it for 10"...)
noggin
Founding member
While we know Disney have effectively acquired it purely by accident, I would not be surprised if the entire physical archive is somewhere at ITV - I'm presuming with this logic the Game Show Story documentary was an internal ITV Studios production and not an Indie.
It was a Shiver production, so yes, in-house at ITV. But that show was a piece of light entertainment and the TVS Catchphrase clip just used in a montage to represent game shows in general rather than a specific piece about Catchphrase and TVS - so, good though that doc was, they clearly weren't spooling through acres of tape and ploughing through acres of paperwork to find it and digging out rare footage, it was clearly very easily available.
Presumably it's a bit like the Mike Smith situation, it's perfectly possible to show clips from them under fair use, but showing the whole programme is much more complicated.
Yes - the paperwork is irrelevant for a "fair use" clip as there are no rights to settle, if any fee is paid to the distributor then it is purely for the admin involved in providing a copy.
If by 'fair use' you mean the UK 'fair dealing' system - then you wouldn't normally be able to fair deal a clip that you have specifically requested from a distributor for them to supply. You'd need to source the clip independently usually - which is why 'fair dealing' clips are often sourced from VHS, DVD or YouTube (You can tell them because they always have a lot of credit information on them - director/writer, broadcaster/production company etc.)
You can 'fair deal' a clip from your own archive (remember broadcasters don't own all the rights to their shows) - but it's contractually difficult to source a clip from someone else's archive and then fair deal it.
HOWEVER - in this case if the broadcaster has a copy of the material in their archive but can't legally sell it to you because they don't have information about the rights to let them do so, they may well agree to supply it for a fee (to cover costs of duplication/digitising and uploading) if you accept the rights issues surrounding it and chose to use it by 'fair dealing' it.
(Fair Dealing is complex - but you are usually allowed 'Criticism or Review', 'Reporting Current Events' or 'Quotation' usage. You have to use the minimum length possible to make your point - and quotation has to be short - usually <20" and often less than <10". Under criticism or review you have to criticise or review the artistic work you have specifically shown for at least the duration of the material show if not longer, you can't run 1'00" of content and talk about it for 10"...)