Q: Is it fair use for a professor to show an historically based movie to a campus club then explain its inaccuracies.
Would it be more likely or less likely to qualify as a fair use, if a History Club, that is part of a nonprofit educational institution, were to show historically based movies to club members and to have a history professor comment on and critique the accuracies and inaccuracies of the historical content of movies like Schindler's List and Dunkirk?
A:
In a book review, the writer quotes brief passages of the book as a basis for making a comment. The writer does not reproduce the whole book and than make a comment.
Your question gives the impression that you want to show the whole film and then have a professor comment on and critique certain passages of the movie. Copying an entire work is rarely fair use. It might be different if you showed only the historical "blooper" and then made a comment. Even that might not be fair use. The answers are generally dependent upon the specific facts of the situation. An attorney would have to look at exactly what you are doing and exactly how much of the work you are using.
Also, being a nonprofit educational institution is not a defense to copyright infringement.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
