Legal Question in Intellectual Property in Florida

fair use for 'best of' collections/ anthologies

are 'best of' collections/ anthologies considered fair use? ex: using 1-3 minute film clips from 40 different films to create a new 'best of genre'film?

it would seem so. 1.semi-transformative (different purpose)

2.non-competitive (though commercial)

3.limited material used (under 5%)

but maybe not. thank you in advance.


Asked on 6/06/04, 4:13 pm

1 Answer from Attorneys
Harold Burstyn Harold L. Burstyn Attorney-at-Law

Re: fair use for 'best of' collections/ anthologies

It's unlikely a court would see it as fair use if your purpose is commercial.

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Answered on 6/06/04, 4:25 pm


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