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Martin Touhey
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Joined: 02/10/2010
Fair Use

Working on a documentary myself I've come across the fair use question and after some research I found that you can use any image, sound, or motion picture footage as long as there is a significant information provided that supports the use of that media. For example if you wanted to use the pic of the TRS-80 you'd have to have a voice over or text describing the TRS-80 or it would have to relate to the subject matter in that section of the film. Also keep in mind though that photographing a book is not in violation of copyright and is fair to use, scans are a different story because of the near-perfect replication. For example, I could film somebody playing Dragon's Lair from beginning to end and have no problems whatsoever, but if I used the actual video footage and presented it on-screen then I would have to make sure that my scene requires that footage to support it. It's a really hazy gray area which is why I'm going for a full-blown licensing agreement to clear it up. Hope this helps.

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