Please help with a question

[nodehopper]

If anyone familiar with copyright law is reading this--are the campaign ads in the public domain? Can they be used as clips in a film? Or will that be copyright infringement?

Thanks.

[boobooday]

1. There is a fair use argument

Depending upon the purpose of your film. If it is political speech, then you should be able to use it under "fair use."

Parody is also protected. :-)

http://www.wgoeshome.com

[nodehopper]

2. it's a documentary

about the use and circulation of 9/11 and WTC images...would that qualify as "fair use"?

Thanks!

[Gothmog]

3. Not in the public domain

This is not may area of practice but I am pretty sure that political ads are not in the public domain. To be in the public domain, the copyright has to normally expired and these ads are too new for this to have happen. However, in certain limited circumstances these ads can be copied and used under the "fair use" doctrine. That is why one is able to show a bit of a negative ad when responding to such ad in a counterad.

As to using these ads in a clip, it depends what the clip is for. If it for the purposes of free speech and discussion about the content of the ad, it is possible that the fair use doctrine may apply. If the ads are for commercial or for profit, then fair use will probably not apply. Just because the "fair use" doctrine may apply, you still have to be careful. You could still get sued and even though you may win, being in a lawsuit is no fun.