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Film Clips Included in Talent's Acting Reel Are a Copyright Fair Use

The U.S. District Court for the Central District of New York ruled that an actress' inclusion in an acting reel of unlicensed clips from a movie in which she had appeared was a copyright fair use. Bain v. Film Independent, 18-4126. Jessica Haid was sued by the producer of the film Girl Lost. District Judge Percy Anderson explained: "The longer of the two versions of the [Haid] reel includes approximately 40 clips from the 95 minute film. All but 2 of the approximately 40 clips are less than 10 seconds in length. The longer reel includes 1 minute and 9 seconds from a 2 minute and 37 second scene. That longer scene consists of 3 separate segments from that scene edited together. The district judge went on to find: "The reel's purpose is to provide information about Haid's acting abilities so that casting directors may become interested in casting her in other roles. The reel changes the original work by showing mostly brief portions of selected scenes in a manner that conveys little information about the plot of the film." Thus, District Judge Anderson concluded: "Haid's reel was a transformative use of the Film, for a different purpose, using a limited portion of the original work, and without causing a substantial effect on the market for the Film."

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