CultFlicks uses a whole bunch of clips, sounds, images, and quotes from the movies we review. These media are protected (mostly) by copyright law. The reason that we aren’t all going to jail (we hope) is the “fair use” provision of US copyright law which says something (exactly, actually) like this:
Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered “fair,” such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:
(1) The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work.
We can actually quote the law without fear of copyright infringement, which is funny (unless you live in California, then the laws are copyrighted for some reason). Anyway… Applying the 4th case to our site: Our purpose in having these clips available is primarily for the promotion of the material. Many of these films are rare, difficult to find, and are not receiving the attention they deserve.
The 3rd case also apply in that our clips are always short and our images shorter. When it comes to the “heart” of the work, it’s a little more difficult to call, as most of these films are not part of collective popular film culture (which generally defines the “heart” of a film – like the head banging scene in Wayne’s World).
Finally, the 1st case is important as our reviews are just that – reviews. The use of the material is in a journalistic spirit, to critique or even parody the works.
If any copyright holders out there feel that we have infringed on their property in anyway, please contact us and we’ll be happy to cooperate fully.