intellectual-property ownership
Am I allowed to use a short clip from a movie for an art project without acquiring any rights?
<p>I would like to use 7-second clip from a movie (a famous Hollywood production if that makes any difference) in my art project (a 4 minute video).</p>
<p>I was told that you are allowed to do that if the clip is short enough but I don't know if that's true, and if it is, I don't know how short the clip must actually be.</p>
<p>Also, if I were to eventually sell my art project, would that make a difference? Perhaps I wouldn't be allowed to use such a clip at all in that case?</p>

<p>You cannot safely rely on the US doctrine of Fair Use, except if the rights-holder sues you in US courts. In France, there are limited exceptions to the authors proprietary rights. Under <a href="https://www.regimbeau.eu/docs/Intellectual-Property-Code-EN.pdf" rel="nofollow noreferrer">Art. L-122-5</a>, there are some relevant potential exceptions:</p>
<blockquote>
<p>3ºa) analyses and short quotations justified by the critical, polemic,
educational, scientific or informatory nature of the work in which
they are incorporated...</p>
<p>4º. parody, pastiche and caricature, observing the rules of the genre.</p>
</blockquote>
<p>Your description of the intended use does not fit these criteria. Consulting with a copyright attorney is advised, if you don't want to obtain a license.</p>

<p>The idea that clips under a certain length may be used freely is not correct, although in many cases short clips may be used lawfully. This is true when they fall under an <em><strong>exception to copyright</strong></em>. Most countries provide exceptions in their copyright laws, but the available exceptions vary significantly.  The exceptions that matter would be those of the country where an infringement suit has been or might be brought.</p>
<h2>United States</h2>
<p>Under the law of the <a href="/questions/tagged/united-states" class="post-tag" title="show questions tagged &#39;united-states&#39;" rel="tag">united-states</a>, the main exception is <em><strong>fair use</strong></em>. Fair use is a broad and somewhat complex legal concept. It is specific to US law. It is evaluated case-by-case. There are several factors to evaluate. One is the proportion of the work to be used. The smaller the part used, the more fai9r use is favored. Another whether the use is commercial or not. Not commercial use is favored. Another is whether the market for the original work is likely to be harmed. The more that the market will or could be harmed, the less favored i fair use. Uses that could substitute for the original are particularly disfavored. Uses at are <em>transformative</em>, that is, are used for a significantly different purpose than the original, are favored. The use proposed in the question would be in my view transformative, would use only a small section of then original movie, and would not serbe as a replacement for the original, nor seem likely to harm the market for the original. I* suspect it would be held to be a fair use, but one can never be sure what a court will decide in such matters. See <a href="https://law.stackexchange.com/questions/32422/is-this-copyright-infringement-is-it-fair-use-what-if-i-dont-make-any-money-o">Is this copyright infringement? Is it fair use? What if I don&#39;t make any money off it?</a> and other threads here tagged with <a href="/questions/tagged/fair-use" class="post-tag" title="show questions tagged &#39;fair-use&#39;" rel="tag">fair-use</a> The actual law is at <a href="https://www.copyright.gov/title17/92chap1.html#107" rel="nofollow noreferrer">17 USC 107</a></p>
<h2>France</h2>
<p>Exceptions to copyright under French law are covered by <a href="http://www.wipo.int/clea/docs_new/en/fr/fr062en.html" rel="nofollow noreferrer">L 122-5 of the IPC</a> (Intellectual property code).</p>
<p>The relavat parts in the WIPO trasnslation, read:</p>
<blockquote>
<p>Art. L. 122-5. Once a work has been disclosed, the author may not prohibit:</p>
<p>l. private and gratuitous performances carried out exclusively within the family circle;</p>
<ol start="2">
<li><p>copies or reproductions reserved strictly for the private use of the copier and not intended for collective use, with the exception of copies of works of art to be used for purposes identical with those for which the original work was created and copies of software other than backup copies made in accordance with paragraph II of Article L. 122-6-1;</p>
</li>
<li><p>on condition that the name of the author and the source are clearly stated:</p>
</li>
</ol>
<p>(a) analyses and short quotations justified by the critical, polemic, educational, scientific or informatory nature of the work in which they are incorporated.</p>
</blockquote>
<p>The kind of thing described in the question <strong>might</strong> come under L 122-5 3 (a).</p>
