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Copyright advice needed

(October 2006)

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WH
Whataday Founding member
A bit of a strange question for this place. It's only very loosely connected to TV presentation but i'd be grateful to anyone who can offer advice.

I have a magazine coming out soon, and i'm putting together a feature about someone who has been an extra in Casualty. Now, i have the episode in question on DVD and I was wondering if I need permission from the BBC to include a screenshot of the extra on the programme.

I know there are times where there is no need to ask for permission as long as you are using the image fairly and it is supplied with sufficient editorial. Would you say this is such a case?
TV
TVN
Not a legal pro, but AFAIK, you can use a certain number of screenshots.
ST
steddenm
I think if you put "Image: © BBC Bristol" somewhere near the picture you'll be ok.
RD
Rob Del Monte
Have no professional idea on copyright law, but what about writing to the BBC, and asking for their permission?
ST
stevek
I'd contact the BBC and ask, just to be on the safe side.
SP
Spencer
I'd say going through the press office would be your best bet. I'm sure if you're giving them some publicity, they'll be fine with you using a few images. They may even provide you with some official publicity pics.
GM
nodnirG kraM
Even if you are publicising them and crediting BBC Bristol, you're still using their content without permission. Phone the BBC switchboard and ask to speak to someone in connection with it, making a note of everyone's names with whom you speak. Most of the time it'll be a case of "yeah do whatever". But if you don't check you could well be kneedeep in litigation.
BT
Baroness Trumpington
Ask ! Definitely ask! I think it is exceedingly unlikely that they will say no, but if you use it without asking there is a severe risk someone will get narked.

As a general observation, I find people are often very reluctant to ask for permission to use copyright material, probably because they fear they will be roared at by a huge dragon. My experience is that it's often quite a painless process. Your chances are improved, from the word go, if you are completely up front with the rights holders about what you want to do with their material. Tell them what sort of publication it is, what sort of article you are doing, is the publication for sale or free, where is it sold or sent, how many copies, etc.

Assuming the rights holder says yes, they may well specify the form of credit they require. Follow it exactly. Sending them a copy of the finished item is a good courtesy and helps establish your image as a sensible person for any future dealings.
NJ
Neil Jones Founding member
Whataday posted:
I have a magazine coming out soon, and i'm putting together a feature about someone who has been an extra in Casualty. Now, i have the episode in question on DVD and I was wondering if I need permission from the BBC to include a screenshot of the extra on the programme.


In theory a single screenshot would come under fair use clause, even more so if its just going to go on a non commercial website or a blog or anything that's not-for-profit.

However if your magazine is being sold for profit then you are strongly recommended to get the (preferably written) permission of the BBC before you use it, otherwise you could find yourself in all kinds of trouble.

Quote:
I know there are times where there is no need to ask for permission as long as you are using the image fairly and it is supplied with sufficient editorial. Would you say this is such a case?


If the image is used fairly and with credit and again isn't for profit, you should be okay.

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