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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 22618
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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I wish to use and image from the hanks film "cast away" on

Customer Question

Hi, I wish to use and image from the ***** *****ks film "cast away" on my business facebook page.
Can I legally do this?
Submitted: 1 year ago.
Category: UK Law
Expert:  Stuart J replied 1 year ago.

Have you asked the film co for permission?

Thanks

Customer: replied 1 year ago.
nope
Customer: replied 1 year ago.
was going to slightly edit the image with a caption however which i feel is under fair use ?
Customer: replied 1 year ago.
also using small video clips maybe 20 seconds from movies with a caption at the end. I was thinking this was okay as i see it done a lot on you tube and facebook? what do you think thanks
Customer: replied 1 year ago.
included the image I wish to use
Customer: replied 1 year ago.
hello?
Customer: replied 1 year ago.
Hi Stuart,do you have an answer?
Expert:  Stuart J replied 1 year ago.

Thank you. I think that you could probably rely on Fair Use if the image is already been made available to the public which, if it’s from the film, obviously, it has. This is probably the most readable and simple webpage on the subject.

https://www.copyrightservice.co.uk/copyright/p09_fair_use

you would have course, need to acknowledge where the picture came from.

However let me give you a word of warning and that is that although you may be able to rely on fair use the only decider as to whether this is fair use or not is if the matter ended up in court before a judge.

I think it highly unlikely that they would, firstly, actually find out and secondly do anything more in the first instance than simply tell you to stop using the picture. They simply decided to sue you for breach of copyright, and take you to court, the judge would have a pretty dim view of such heavy tactics when you had not been given the option simply to remove it.

From what you have said, it’s not something that personally I would be that worried about but at least now you are aware of the situation and the potential risks involved.

Does that answer the question?

Can I answer any specific points arising from this?

Please do not forget to rate my answer service positively so that I get credit for my time. The thread does remain open, it does not close, so you are able to ask follow-up questions if needed.

Customer: replied 1 year ago.
This is really helpful, Can you please confirm this is the same for videos on you tube https://www.youtube.com/watch?v=niumQLDL_k0.again is this the same principle
Expert:  Stuart J replied 1 year ago.

Yes, generally, they don’t mind short clips like this (you should still have permission but they ignore it) firstly because the defence of Fair Use would probably succeed if they decided to take it to court, taking it to court is heavy-handed (as I have already said) but, more importantly, the short clips are simply trailers which might inspire someone to buy or watch the full thing.

Generally, it is the full-length movies which are taken down.

I would be very surprised if this ever came back to bite you but we don’t have a crystal ball I am afraid